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ix, 211 pages : illustrations ; 23 cm.
  • Introduction
  • Banishment
  • Federal power and citizenship in Indian country
  • A new deal for native citizenship
  • Native self-determination
  • The dismembering explodes
  • Judicial interpretations of dismemberment
  • Conclusion.
While the number of federally recognized Native nations in the United States are increasing, the population figures for existing tribal nations are declining. This depopulation is not being perpetrated by the federal government, but by Native governments that are banishing, denying, or disenrolling Native citizens at an unprecedented rate. Since the 1990s, tribal belonging has become more of a privilege than a sacred right. Political and legal dismemberment has become a national phenomenon with nearly eighty Native nations, in at least twenty states, terminating the rights of indigenous citizens. The first comprehensive examination of the origins and significance of tribal disenrollment, Dismembered examines this disturbing trend, which often leaves the disenrolled tribal members with no recourse or appeal. At the center of the issue is how Native nations are defined today and who has the fundamental rights to belong. By looking at hundreds of tribal constitutions and talking with both disenrolled members and tribal officials, the authors demonstrate the damage this practice is having across Indian Country and ways to address the problem.
(source: Nielsen Book Data)9780295741581 20170522
Law Library (Crown)
viii, 311 pages ; 24 cm
  • The tribes, federal Indian law, and the Indian sovereignty doctrine from the nineteenth century to 1959
  • The foundations of the silent revolution, 1959-1973
  • The silent revolution, 1973-2001
  • Native America, Congress, and the silent revolution
  • The effects of the silent revolution
  • Native American "nation building" during the silent revolution
  • Conclusion.
Law Library (Crown)
xi, 335 pages : illustrations ; 25 cm.
  • "Returning from the enemy" : the poetics and politics of Indigenous women's legal history
  • Lucía Martínez and the "putative father" : Arizona, 1854-1900
  • Nora Jewell "in family way" : Washington, 1854-1910
  • Juana Walker's "legal right as a half-breed" : Arizona, 1864-1916
  • Rebecca Lena Graham and "the old question of common law marriage raised by a half-breed" : Washington, 1859-1946
  • Dinah Hood, "the state is supreme" : Arizona, 1863-1935
  • Louisa Enick, "hemmed in on all sides" : Washington, 1855-1935
  • "The acts of forgetfulness" : Indigenous women's legal history in archives and tribal offices throughout the North American West.
Katrina Jagodinsky's enlightening history is the first to focus on indigenous women of the Southwest and Pacific Northwest and the ways they dealt with the challenges posed by the existing legal regimes of the nineteenth and twentieth centuries. In most western states, it was difficult if not impossible for Native women to inherit property, raise mixed-race children, or take legal action in the event of rape or abuse. Through the experiences of six indigenous women who fought for personal autonomy and the rights of their tribes, Jagodinsky explores a long yet generally unacknowledged tradition of active critique of the U.S. legal system by female Native Americans.
(source: Nielsen Book Data)9780300211689 20160619
Law Library (Crown)
xxiv, 207 pages ; 23 cm
  • Introduction: Sovereignty of the soul
  • Knowing through numbers? The benefits and drawbacks of data
  • What she say, it be law : tribal rape law and indigenous feminisms
  • At the mercy of the state : linking rape to federal Indian law
  • All apologies : the continuing federal complicity in the rape of Native women
  • Relocation revisited : the sex trafficking of Native women
  • Punishing the victim : Dana's story
  • The enigma of federal reform : the Tribal Law and Order Act and the Violence Against Women Act
  • Toward an indigenous jurisprudence of rape
  • The trouble with peacemaking : false dichotomies and the politics of restorative justice
  • "Righting" tribal rape law : proposals for reform
  • Conclusion: The end of rape in Native America
  • Epilogue.
Despite what major media sources say, violence against Native women is not an epidemic. An epidemic is biological and blameless. Violence against Native women is historical and political, bounded by oppression and colonial violence. This book is aimed at engaging the problem head-on -- and ending it. The Beginning and End of Rape collects and expands the writings in which Deer, who played a crucial role in the reauthorization of the Violence Against Women Act in 2013, has advocated for cultural and legal reforms to protect Native women from endemic sexual violence and abuse. Deer provides a historical overview of rape and sex trafficking in North America, paying particular attention to the gendered legacy of colonialism in tribal nations. She faces this legacy directly, articulating strategies for Native communities and tribal nations seeking redress. In a critique of federal law that has accommodated rape by destroying tribal legal systems, she describes how tribal self-determination efforts of the twenty-first century can be leveraged to eradicate violence against women. Her work bridges the gap between Indian law and feminist thinking by explaining how intersectional approaches are vital to addressing the rape of Native women. Grounded in historical, cultural, and legal realities, both Native and non-Native, these essays point to the possibility of actual and positive change in a world where Native women are systematically undervalued, left unprotected, and hurt.
Law Library (Crown)
1 online resource (233 pages)
xi, 199 pages ; 23 cm
  • Introducing our relatives and introducing the story
  • Stories from Indian country
  • Whose rights? Whose justice? Reproductive oppression, reproductive justice, and the reproductive body
  • The ruling relations of reproductive healthcare
  • Producing the double discourse : the history and politics of Native-US relations and imperialist medicine
  • "To uphold the federal government's obligations . . . and to honor and protect" : the double discourse of the Indian Health Service
  • Resistance and accommodation : negotiating prenatal care and childbirth
  • One in three : violence against Native women
  • Genocidal consequences : contraception, sterilization, and abortion in the fourth-world context
  • Community knowledge, community capital, and cultural safety
  • Conclusions : Native women in the center.
In Reproductive Justice, sociologist Barbara Gurr provides the first analysis of Native American women's reproductive healthcare and offers a sustained consideration of the movement for reproductive justice in the United States. The book examines the reproductive healthcare experiences on Pine Ridge Reservation, home of the Oglala Lakota Nation in South Dakota - where Gurr herself lived for more than a year. Gurr paints an insightful portrait of the Indian Health Service (IHS) - the federal agency tasked with providing culturally appropriate, adequate healthcare to Native Americans - shedding much-needed light on Native American women's efforts to obtain prenatal care, access to contraception, abortion services, and access to care after sexual assault. Reproductive Justice goes beyond this local story to look more broadly at how race, gender, sex, sexuality, class, and nation inform the ways in which the government understands reproductive healthcare and organizes the delivery of this care. It reveals why the basic experience of reproductive healthcare for most Americans is so different - and better - than for Native American women in general, and women in reservation communities particularly. Finally, Gurr outlines the strengths that these communities can bring to the creation of their own reproductive justice, and considers the role of IHS in fostering these strengths as it moves forward in partnership with Native nations. Reproductive Justice offers a respectful and informed analysis of the stories Native American women have to tell about their bodies, their lives, and their communities.
(source: Nielsen Book Data)9780813564692 20160619
Green Library
1 online resource : map
  • Arctic Alaska
  • US Northeast Atlantic
  • US North Central
  • US New Southwest
  • US Pacific Northwest
  • US South.
Digitized materials pertaining to Native Americans in the collection of the Law Library of Congress. Web page and interactive map offers links to over 400 American Indian legal materials, spanning both 19th century items and constitutions, by-laws, and charters drafted after the 1934 Indian Reorganization Act.
Law Library (Crown)
xxiv, 457 p. : ill. ; 24 cm.
  • Foreword vii Preface to the Second Edition xi Notes on Law, Non-Indian Anthropologists, and Terminology xv Acknowledgments xix Credits xxi 1 What Is Law? Legal Norms, Structures, and Practices 1 2 Studying Tribal Law and Contemporary Tribal 14 Legal Documents 3 Tribal Law in Customs and Traditions 36 4 Forms and Trends of Traditional Tribal Governments 59 5 The History of Federal Indian Policy and the Changes to 73 Tribal Governments 6 Introduction and History of Tribal Courts 92 7 Tribal Justice Systems Today: General Overview 103 and Comparison 8 Examples of Tribal Court Systems 110 9 An Introduction to Balancing Tribal Legal Heritage 121 and Anglo-American Law v n 00frontmatter.qxd 11/4/09 9:05 AM Page v 10 Introduction to Tribal Court Authority: Differences 136 between Criminal and Civil Law 11 Criminal and Civil Violations in Tribal Legal Traditions 143 12 Tribal Criminal Jurisdiction 153 13 Tribal Civil Jurisdiction 171 14 Tribal Kinship and the Law 189 15 Boarding Schools and the Removal of Tribal Children 198 16 The Indian Child Welfare Act of 1978 212 17 Tribal Court Custody Proceedings 225 18 Introducing Indian Civil Rights 242 19 The Indian Civil Rights Act of 1968 253 20 Affirming Tribal Authority: Santa Clara Pueblo v. Martinez 259 21 Contemporary Civil Rights Issues 276 22 Sources of Law 293 23 Common Law in Contemporary Legal Systems 312 24 Traditional Dispute Resolution 327 25 Introduction to Peacemaking 339 26 Models of Peacemaking 353 27 Separation of Powers 372 28 Ethics for Tribal Judges 381 29 Ethics for Tribal Court Personnel 394 30 Ethics for Tribal Court Advocates 405 Conclusion 435 Glossary 437 Index 453.
  • (source: Nielsen Book Data)9780759112117 20160603
This second edition of Introduction to Tribal Legal Studies is the only available comprehensive introduction to tribal law. In clear and straightforward language, Justin B. Richland and Sarah Deer discuss the history and structure of tribal justice systems; the scope of criminal and civil jurisdictions; and the various means by which the integrity of tribal courts is maintained. This book is an indispensable resource for students, tribal leaders, and tribal communities interested in the complicated relationship between tribal, federal, and state law. The second edition provides significant updates on all changes in laws affecting the tribes, numerous new case studies (including studies on Alaskan tribes and family law), and a new concluding chapter.
(source: Nielsen Book Data)9780759112117 20160603
Law Library (Crown)
1 online resource (109 unnumbered pages) : illustrations, facsimiles.
Identifies and lists a brief synopsis of the many treaties entered into between the American Indians and the English colonies. Contained within the work are original sources of information of some of the most important events connected with the settlement of the United States and its land titles.
Law Library (Crown)

11. The slaveholding Indians [1915 - 1925]

1 online resource (3 volumes) : portraits, maps.
  • v. 1. The American Indian as slaveholder and secessionist
  • v. 2. The American Indian as participant in the Civil War
  • v. 3. The American Indian under Reconstruction.
Law Library (Crown)
1 online resource (48 pages).
Law Library (Crown)