Cohen's Handbook of Federal Indian Law is an encyclopedic treatise written by experts in the field, and provides general overviews to relevant information as well as in-depth study of specific areas within this complex area of federal law.
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Other Books of Interest
A Lawyer in Indian Country by Alvin J. Ziontz; Charles Wilkinson (Foreword by)In his memoir, Alvin Ziontz reflects on his more than thirty years representing Indian tribes, from a time when Indian law was little known through landmark battles that upheld tribal sovereignty. He discusses the growth and maturation of tribal government and the underlying tensions between Indian society and the non-Indian world. A Lawyer in Indian Country presents vignettes of reservation life and recounts some of the memorable legal cases that illustrate the challenges faced by individual Indians and tribes. As the senior attorney arguing U.S. v. Washington, Ziontz was a party to the historic 1974 Boldt decision that affirmed the Pacific Northwest tribes' treaty fishing rights, with ramifications for tribal rights nationwide. His work took him to reservations in Montana, Wyoming, and Minnesota, as well as Washington and Alaska, and he describes not only the work of a tribal attorney but also his personal entry into the life of Indian country. Ziontz continued to fight for tribal rights into the late 1990s, as the Makah tribe of Washington sought to resume its traditional whale hunts. Throughout his book, Ziontz traces his own path through this public history - one man's pursuit of a life built around the principles of integrity and justice.
Call Number: KF 373 .Z56 A3 2009 (Thomas Cooper Library)
ISBN: 9780295989358
Publication Date: 2009-01-01
Braiding Sweetgrass by Robin Wall KimmererAn inspired weaving of indigenous knowledge, plant science, and personal narrative from a distinguished professor of science and a Native American whose previous book, Gathering Moss, was awarded the John Burroughs Medal for outstanding nature writing. As a botanist and professor of plant ecology, Robin Wall Kimmerer has spent a career learning how to ask questions of nature using the tools of science. As a Potawatomi woman, she learned from elders, family, and history that the Potawatomi, as well as a majority of other cultures indigenous to this land, consider plants and animals to be our oldest teachers. In Braiding Sweetgrass, Kimmerer brings these two lenses of knowing together to reveal what it means to see humans as "the younger brothers of creation." As she explores these themes she circles toward a central argument: the awakening of a wider ecological consciousness requires the acknowledgement and celebration of our reciprocal relationship with the world. Once we begin to listen for the languages of other beings, we can begin to understand the innumerable life-giving gifts the world provides us and learn to offer our thanks, our care, and our own gifts in return.
ISBN: 9781571313355
Publication Date: 2013-10-15
Bury My Heart at Wounded Knee by Dee BrownThe landmark, bestselling account of the crimes against American Indians during the 19th century, now on its 50th Anniversary. First published in 1970, Bury My Heart at Wounded Knee is Dee Brown's eloquent, meticulously documented account of the systematic destruction of American Indians during the second half of the nineteenth century. A national bestseller in hardcover for more than a year after its initial publication, it has sold almost four million copies and has been translated into seventeen languages. It was the basis for the 2007 movie of the same name from HBO films. Using council records, autobiographies, and firsthand descriptions, Brown introduces readers to great chiefs and warriors of the Dakota, Ute, Sioux, Cheyenne, and other tribes, revealing in heartwrenching detail the battles, massacres, and broken treaties that methodically stripped them of freedom. A forceful narrative still discussed today as revelatory and controversial, Bury My Heart at Wounded Knee permanently altered our understanding of how the American West came to be defined.
Call Number: E81 .B75 1971 (available at Thomas Cooper Library)
ISBN: 9780805086843
Publication Date: 2007-05-15
Conquest by Law by Lindsay G. RobertsonIn 1823, Chief Justice John Marshall handed down a Supreme Court decision of monumental importance in defining the rights of indigenous peoples throughout the English-speaking world. At the heart of the decision for Johnson v. M'Intosh was a "discovery doctrine" that gave rights of ownershipto the European sovereigns who "discovered" the land and converted the indigenous owners into tenants. Though its meaning and intention has been fiercely disputed, more than 175 years later, this doctrine remains the law of the land. In 1991, while investigating the discovery doctrine's historicalorigins Lindsay Robertson made a startling find; in the basement of a Pennsylvania furniture-maker, he discovered a trunk with the complete corporate records of the Illinois and Wabash Land Companies, the plaintiffs in Johnson v. M'Intosh. Conquest by Law provides, for the first time, the completeand troubling account of the European "discovery" of the Americas. This is a gripping tale of political collusion, detailing how a spurious claim gave rise to a doctrine--intended to be of limited application--which itself gave rise to a massive displacement of persons and the creation of a law thatgoverns indigenous people and their lands to this day.
Call Number: KF228 .U5 R63 2005
ISBN: 9780195148695
Publication Date: 2005-08-25
Like a Loaded Weapon by Robert Williams JrRobert A. Williams Jr. boldly exposes the ongoing legal force of the racist language directed at Indians in American society. Fueled by well-known negative racial stereotypes of Indian savagery and cultural inferiority, this language, Williams contends, has functioned “like a loaded weapon” in the Supreme Court’s Indian law decisions. Beginning with Chief Justice John Marshall’s foundational opinions in the early nineteenth century and continuing today in the judgments of the Rehnquist Court, Williams shows how undeniably racist language and precedent are still used in Indian law to justify the denial of important rights of property, self-government, and cultural survival to Indians. Building on the insights of Malcolm X, Thurgood Marshall, and Frantz Fanon, Williams argues that racist language has been employed by the courts to legalize a uniquely American form of racial dictatorship over Indian tribes by the U.S. government. Williams concludes with a revolutionary proposal for reimagining the rights of American Indians in international law, as well as strategies for compelling the current Supreme Court to confront the racist origins of Indian law and for challenging bigoted ways of talking, thinking, and writing about American Indians. Robert A. Williams Jr. is professor of law and American Indian studies at the James E. Rogers College of Law, University of Arizona. A member of the Lumbee Indian Tribe, he is author of The American Indian in Western Legal Thought: The Discourses of Conquest and coauthor of Federal Indian Law.
ISBN: 0816647097
Publication Date: 2005-11-10
A Promise Kept by Robert J. Miller; Robbie Ethridge"At the end of the Trail of Tears there was a promise," U.S. Supreme Court Justice Neil Gorsuch wrote in the decision issued on July 9, 2020, in the case of McGirt v. Oklahoma. And that promise, made in treaties between the United States and the Muscogee (Creek) Nation more than 150 years earlier, would finally be kept. With the Court's ruling, the full extent of the Muscogee (Creek) Reservation was reaffirmed--meaning that 3.25 million acres of land in Oklahoma, including part of the city of Tulsa, were recognized once again as "Indian Country" as defined by federal law. A Promise Kept explores the circumstances and implications of McGirt v. Oklahoma, likely the most significant Indian law case in well over 100 years. Combining legal analysis and historical context, this book gives an in-depth, accessible account of how the case unfolded and what it might mean for Oklahomans, the Muscogee (Creek) Nation, and other tribes throughout the United States. For context, Robbie Ethridge traces the long history of the Muscogee (Creek) Nation from its inception in present-day Georgia and Alabama in the seventeenth century; through the tribe's rise to regional prominence in the colonial era, the tumultuous years of Indian Removal, and the Civil War and allotment; and into its resurgence in Oklahoma in the twentieth and twenty-first centuries. Against this historical background, Robert J. Miller considers McGirt v. Oklahoma, examining important related cases, precedents that informed the Court's decision, and future ramifications--legal, civil, regulatory, and practical--for the Muscogee (Creek) Nation, federal Indian law, the United States, the state of Oklahoma, and Indian nations in Oklahoma and elsewhere. Their work clarifies the stakes of a decision that, while long overdue, raises numerous complex issues profoundly affecting federal, state, and tribal relations and law--and will continue to do so for the foreseeable future.
Call Number: E99.C9 M55 2023
ISBN: 9780806191713
Publication Date: 2023-01-26
Yellow Bird by Sierra Crane MurdochPULITZER PRIZE FINALIST * The gripping true story of a murder on an Indian reservation, and the unforgettable Arikara woman who becomes obsessed with solving it--an urgent work of literary journalism. "I don't know a more complicated, original protagonist in literature than Lissa Yellow Bird, or a more dogged reporter in American journalism than Sierra Crane Murdoch."--William Finnegan, Pulitzer Prize-winning author of Barbarian Days In development as a Paramount+ original series WINNER OF THE OREGON BOOK AWARD * NOMINATED FOR THE EDGAR® AWARD * NAMED ONE OF THE BEST BOOKS OF THE YEAR BY The New York Times Book Review * NPR * Publishers Weekly When Lissa Yellow Bird was released from prison in 2009, she found her home, the Fort Berthold Indian Reservation in North Dakota, transformed by the Bakken oil boom. In her absence, the landscape had been altered beyond recognition, her tribal government swayed by corporate interests, and her community burdened by a surge in violence and addiction. Three years later, when Lissa learned that a young white oil worker, Kristopher "KC" Clarke, had disappeared from his reservation worksite, she became particularly concerned. No one knew where Clarke had gone, and few people were actively looking for him. Yellow Bird traces Lissa's steps as she obsessively hunts for clues to Clarke's disappearance. She navigates two worlds--that of her own tribe, changed by its newfound wealth, and that of the non-Native oilmen, down on their luck, who have come to find work on the heels of the economic recession. Her pursuit of Clarke is also a pursuit of redemption, as Lissa atones for her own crimes and reckons with generations of trauma. Yellow Bird is an exquisitely written, masterfully reported story about a search for justice and a remarkable portrait of a complex woman who is smart, funny, eloquent, compassionate, and--when it serves her cause--manipulative. Drawing on eight years of immersive investigation, Sierra Crane Murdoch has produced a profound examination of the legacy of systematic violence inflicted on a tribal nation and a tale of extraordinary healing.
Call Number: HV 6762.U5 M78 2020 (available at Thomas Cooper Library)
ISBN: 9780399589171
Publication Date: 2021-02-16
Rebuilding Native Nations by Miriam JorgensenA revolution is underway among the Indigenous nations of North America. It is a quiet revolution, largely unnoticed in society at large. But it is profoundly important. From High Plains states and Prairie Provinces to southwestern deserts, from Mississippi and Oklahoma to the northwest coast of the continent, Native peoples are reclaiming their right to govern themselves and to shape their future in their own ways. Challenging more than a century of colonial controls, they are addressing severe social problems, building sustainable economies, and reinvigorating Indigenous cultures. In effect, they are rebuilding their nations according to their own diverse and often innovative designs. Produced by the Native Nations Institute for Leadership, Management, and Policy at the University of Arizona and the Harvard Project on American Indian Economic Development, this book traces the contours of that revolution as Native nations turn the dream of self-determination into a practical reality. Part report, part analysis, part how-to manual for Native leaders, it discusses strategies for governance and community and economic development being employed by American Indian nations and First Nations in Canada as they move to assert greater control over their own affairs. Rebuilding Native Nations provides guidelines for creating new governance structures, rewriting constitutions, building justice systems, launching nation-owned enterprises, encouraging citizen entrepreneurs, developing new relationships with non-Native governments, and confronting the crippling legacies of colonialism. For nations that wish to join that revolution or for those who simply want to understand the transformation now underway across Indigenous North America, this book is a critical resource. CONTENTS Foreword by Oren Lyons Editor's Introduction Part 1 Starting Points 1. Two Approaches to the Development of Native Nations: One Works, the Other Doesn't Stephen Cornell and Joseph P. Kalt 2. Development, Governance, Culture: What Are They and What Do They Have to Do with Rebuilding Native Nations? Manley A. Begay, Jr., Stephen Cornell, Miriam Jorgensen, and Joseph P. Kalt Part 2 Rebuilding the Foundations 3. Remaking the Tools of Governance: Colonial Legacies, Indigenous Solutions Stephen Cornell 4. The Role of Constitutions in Native Nation Building: Laying a Firm Foundation Joseph P. Kalt 5 . Native Nation Courts: Key Players in Nation Rebuilding Joseph Thomas Flies-Away, Carrie Garrow, and Miriam Jorgensen 6. Getting Things Done for the Nation: The Challenge of Tribal Administration Stephen Cornell and Miriam Jorgensen Part 3 Reconceiving Key Functions 7. Managing the Boundary between Business and Politics: Strategies for Improving the Chances for Success in Tribally Owned Enterprises Kenneth Grant and Jonathan Taylor 8. Citizen Entrepreneurship: An Underutilized Development Resource Stephen Cornell, Miriam Jorgensen, Ian Wilson Record, and Joan Timeche 9. Governmental Services and Programs: Meeting Citizens' Needs Alyce S. Adams, Andrew J. Lee, and Michael Lipsky 10. Intergovernmental Relationships: Expressions of Tribal Sovereignty Sarah L. Hicks Part 4 Making It Happen 11. Rebuilding Native Nations: What Do Leaders Do? Manley A. Begay, Jr., Stephen Cornell, Miriam Jorgensen, and Nathan Pryor 12. Seizing the Future: Why Some Native Nations Do and Others Don't Stephen Cornell, Miriam Jorgensen, Joseph P. Kalt, and Katherine Spilde Contreras Afterword by Satsan (Herb George) References About the Contributors Index
Call Number: E 98 .T77 R43 2007 (available at Thomas Cooper Library)