Temple University Press, 1998 Cloth: 978-1-56639-581-6 | Paper: 978-1-56639-582-3 Library of Congress Classification KF8204.5.R424 1998 Dewey Decimal Classification 342.730872
ABOUT THIS BOOK | AUTHOR BIOGRAPHY | TOC
ABOUT THIS BOOK
This selection of works -- many by Native American scholars -- introduces selected topics in federal Indian law. Readings in American Indian Law covers contemporary issues of identity and tribal recognition; reparations for historic harms; the valuation of land in land claims; the return to tribal owners of human remains, sacred items, and cultural property; tribal governance and issues of gender, democracy informed by cultural awareness, and religious freedom.
Courses in federal Indian law are often aimed at understanding rules, not cultural conflicts. This book expands doctrinal discussions into understandings of culture, strategy, history, identity, and hopes for the future. Contributions from law, history, anthropology, ethnohistory, biography, sociology, socio-legal studies, and fiction offer an array of alternative paradigms as strong antidotes to our usual conceptions of federal Indian law.
Each selection reveals an aspect of how federal Indian law is made, interpreted, implemented, or experienced. Throughout, the book centers on the ever present and contentious issue of identity. At the point where identity and law intersect lies an important new way to contextualize the legal concerns of Native Americans.
AUTHOR BIOGRAPHY
Jo Carrillo is Visiting Professor of Law at Stanford Law School, where she is on leave from the University of California, Hastings College of Law.
TABLE OF CONTENTS
CONTENTS
Preface and Acknowledgments
INTRODUCTION
1 IDENTITY
Identity in Mashpee
James Clifford
Mashpee: The Story of Cape Cod's Indian Town
Francis G. Hutchins
The Mashpee Indians: Tribe on Trial
Jack Campisi
Identity as Idiom: Mashpee Reconsidered
Jo Carrillo
2 LAND CLAIMS
Fort Sill Apache Tribe of State of Oklahoma v. United States
Original Indian Title
Felix S. Cohen
Original Indian Title (Revisited)
Wilcomb E. Washburn
Indian Claims in the Courts of the Conqueror
Nell Jessup Newton
Epilogue
Nancy Oestreich Lurie
The Creation of a "Court of Indian Affairs"
Vine Deloria, Jr.
Imagining the Reservation
Sherman Alexie
3 CONSTITUTIVE INCOMMENSURABLES: LAND, CULTURE, HISTORY
A Song from Sacred Mountain: Lakota-Dakota and Cheyenne Interviews
Arvol Looking Horse
A Song from Sacred Mountain: Lakota-Dakota and Cheyenne Interviews
Charlotte Black Elk
Who Owns the West?
William Kittredge
Legally Mediated Identity: The National Environmental Policy Act and the Bureaucratic Construction of Interests
Wendy Espeland
Large Binocular Telescopes, Red Squirrel Pinatas, and Apache Sacred Mountains: Decolonizing Environmental Law in a Multicultural World
Robert A. Williams, Jr.
Revision and Reversion
Vine Deloria, Jr.
4 THE REPATRIATION OF CULTURAL PROPERTY
A Brief Historical Survey of the Expropriation of American Indian Remains
Robert E. Bieder
Give Me My Father's Body
Kenn Harper
The Native American Graves Protection and Repatriation Act: Background and Legislative History
Jack F. Trope and Walter R. Echohawk
Congressional Hearings
Implementing the National Policy of Understanding, Preserving, and Safeguarding the Heritage of Indian Peoples and Native Hawaiians: Human Rights, Sacred Objects, and Cultural Patrimony
Rennard Strickland
5 TRIBAL GOVERNANCE / GENDER
Native American Women
Rayna Green
Native American Women: An Update
Jo Ann Woodsum
Gender or Ethnicity: What Makes a Difference? A Study of Women Tribal Leaders
Melanie McCoy
Mankiller: A Chief and her People
Wilma Mankiller
The Legal Rights of American Indian Women
Genevieve Chato and Christine Conte
Domestic Violence and Tribal Protection of Indigenous Women in the United States
Gloria Valencia-Weber and Christine P. Zuni
6 RELIGIOUS EXPRESSION
The Peyote Religion: A Narrative Account
Silvester J. Brito
Appendix A to a Brief Submitted by the Native American Rights Funding the Case of Employment Division, Department of Human Resources of the State of Oregon v. Smith
Omer C. Stewart
Other Studies [of Sacred Places]: What They Did and How They Did It
Klara Bonsack Kelley and Harris Francis
Appendix K to Defendant's Exhibit G
Dorothea Theodoratus, "Cultural Resources of the Chimney Rock Section, Gasquet-Orleans" in Lying v. Northwest Indian Cemetery Protective Association
United States on Behalf of the Zuni Tribe of New Mexico v. Earl Platt
The Sacred Trail to Zuni Heaven: A Study in the Law of Prescriptive Easements
Hank Meshorer
Temple University Press, 1998 Cloth: 978-1-56639-581-6 Paper: 978-1-56639-582-3
This selection of works -- many by Native American scholars -- introduces selected topics in federal Indian law. Readings in American Indian Law covers contemporary issues of identity and tribal recognition; reparations for historic harms; the valuation of land in land claims; the return to tribal owners of human remains, sacred items, and cultural property; tribal governance and issues of gender, democracy informed by cultural awareness, and religious freedom.
Courses in federal Indian law are often aimed at understanding rules, not cultural conflicts. This book expands doctrinal discussions into understandings of culture, strategy, history, identity, and hopes for the future. Contributions from law, history, anthropology, ethnohistory, biography, sociology, socio-legal studies, and fiction offer an array of alternative paradigms as strong antidotes to our usual conceptions of federal Indian law.
Each selection reveals an aspect of how federal Indian law is made, interpreted, implemented, or experienced. Throughout, the book centers on the ever present and contentious issue of identity. At the point where identity and law intersect lies an important new way to contextualize the legal concerns of Native Americans.
AUTHOR BIOGRAPHY
Jo Carrillo is Visiting Professor of Law at Stanford Law School, where she is on leave from the University of California, Hastings College of Law.
TABLE OF CONTENTS
CONTENTS
Preface and Acknowledgments
INTRODUCTION
1 IDENTITY
Identity in Mashpee
James Clifford
Mashpee: The Story of Cape Cod's Indian Town
Francis G. Hutchins
The Mashpee Indians: Tribe on Trial
Jack Campisi
Identity as Idiom: Mashpee Reconsidered
Jo Carrillo
2 LAND CLAIMS
Fort Sill Apache Tribe of State of Oklahoma v. United States
Original Indian Title
Felix S. Cohen
Original Indian Title (Revisited)
Wilcomb E. Washburn
Indian Claims in the Courts of the Conqueror
Nell Jessup Newton
Epilogue
Nancy Oestreich Lurie
The Creation of a "Court of Indian Affairs"
Vine Deloria, Jr.
Imagining the Reservation
Sherman Alexie
3 CONSTITUTIVE INCOMMENSURABLES: LAND, CULTURE, HISTORY
A Song from Sacred Mountain: Lakota-Dakota and Cheyenne Interviews
Arvol Looking Horse
A Song from Sacred Mountain: Lakota-Dakota and Cheyenne Interviews
Charlotte Black Elk
Who Owns the West?
William Kittredge
Legally Mediated Identity: The National Environmental Policy Act and the Bureaucratic Construction of Interests
Wendy Espeland
Large Binocular Telescopes, Red Squirrel Pinatas, and Apache Sacred Mountains: Decolonizing Environmental Law in a Multicultural World
Robert A. Williams, Jr.
Revision and Reversion
Vine Deloria, Jr.
4 THE REPATRIATION OF CULTURAL PROPERTY
A Brief Historical Survey of the Expropriation of American Indian Remains
Robert E. Bieder
Give Me My Father's Body
Kenn Harper
The Native American Graves Protection and Repatriation Act: Background and Legislative History
Jack F. Trope and Walter R. Echohawk
Congressional Hearings
Implementing the National Policy of Understanding, Preserving, and Safeguarding the Heritage of Indian Peoples and Native Hawaiians: Human Rights, Sacred Objects, and Cultural Patrimony
Rennard Strickland
5 TRIBAL GOVERNANCE / GENDER
Native American Women
Rayna Green
Native American Women: An Update
Jo Ann Woodsum
Gender or Ethnicity: What Makes a Difference? A Study of Women Tribal Leaders
Melanie McCoy
Mankiller: A Chief and her People
Wilma Mankiller
The Legal Rights of American Indian Women
Genevieve Chato and Christine Conte
Domestic Violence and Tribal Protection of Indigenous Women in the United States
Gloria Valencia-Weber and Christine P. Zuni
6 RELIGIOUS EXPRESSION
The Peyote Religion: A Narrative Account
Silvester J. Brito
Appendix A to a Brief Submitted by the Native American Rights Funding the Case of Employment Division, Department of Human Resources of the State of Oregon v. Smith
Omer C. Stewart
Other Studies [of Sacred Places]: What They Did and How They Did It
Klara Bonsack Kelley and Harris Francis
Appendix K to Defendant's Exhibit G
Dorothea Theodoratus, "Cultural Resources of the Chimney Rock Section, Gasquet-Orleans" in Lying v. Northwest Indian Cemetery Protective Association
United States on Behalf of the Zuni Tribe of New Mexico v. Earl Platt
The Sacred Trail to Zuni Heaven: A Study in the Law of Prescriptive Easements
Hank Meshorer