AIPI Tribal Sovereignty
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Books
Broken Landscape by Frank Pommersheim
Call number: KF8205 .P63 2009ISBN: 9780195373066Publication date: 2009-09-02Broken Landscape is a sweeping chronicle of Indian tribal sovereignty under the United States Constitution and the way that legal analysis and practice have interpreted and misinterpreted tribal sovereignty since the nation's founding. The Constitution formalized the relationship between Indian tribes and the United States government--a relationship forged through a long history of war and land usurpation--within a federal structure not mirrored in the traditions of tribal governance. Although the Constitution recognized the sovereignty of Indian nations, it did not safeguard tribes against the tides of national expansion and exploitation As Broken Landscape demonstrates, the federal government has repeatedly failed to respect the Constitution's recognition of tribal sovereignty. Instead, it has favored excessive, unaccountable authority in its dealings with tribes. The Supreme Court has strayed from its Constitutional roots as well, consistently issuing decisions over two centuries that have bolstered federal power over the tribes. Frank Pommersheim, one of America's leading scholars in Indian tribal law, offers a novel and deeply researched synthesis of this legal history from colonial times to the present, confronting the failures of constitutional analysis in contemporary Indian law jurisprudence. Closing with a proposal for a Constitutional amendment that would reaffirm tribal sovereignty, Pommersheim challenges us to finally accord Indian tribes and Indian people the respect and dignity that are their due.Custer Died for Your Sins by Vine Deloria
Call number: E93 .D36 1988ISBN: 9781501188237Publication date: 2018-02-20Standing Rock Sioux activist, professor, and attorney Vine Deloria, Jr., shares his thoughts about U.S. race relations, federal bureaucracies, Christian churches, and social scientists in a collection of eleven eye-opening essays infused with humor. This "manifesto" provides valuable insights on American Indian history, Native American culture, and context for minority protest movements mobilizing across the country throughout the 1960s and early 1970s. Originally published in 1969, this book remains a timeless classic and is one of the most significant nonfiction works written by a Native American.American Indians, American Justice by Vine Deloria; Clifford M. Lytle
Call number: KF8224 .C6 D44 1983ISBN: 9780292738331Publication date: 1983-10-01"A pioneering work, responsible in vision and treatment, it focuses on the judicial branch of government, giving an overview of federal Indian law in perspective of political and legal rights."The Indian Reorganization Act by Vine Deloria; Vine Deloria
Call number: KF8225 .I53 2002ISBN: 9780806133980Publication date: 2002-07-15In 1934, Commissioner of Indian Affairs John Collier began a series of ?congresses? with American Indians to discuss his proposed federal bill for granting self-government to tribal reservations. For the first time, the reservation Indian was asked for input in the structuring of American Indian relations with federal and state government and law. In The Indian Reorganization Act, Vine Deloria, Jr., has compiled the actual historical records of those congresses. Deloria makes available important documents of the premier years of reform in federal Indian policy as well as the bill itself. A version of Collier?s act eventually passed Congress, but in a less far-reaching form. Nevertheless, a new concept of self-government had emerged, one that now defines the federal government?s approach to American Indian policy and that has changed forever the way American Indians define themselves.Rising from the Ashes by William Willard (Editor); Alan G. Marshall (Editor); J. Diane Pearson (Editor)
ISBN: 9781496219008Publication date: 2020-06-01Rising from the Ashes explores continuing Native American political, social, and cultural survival and resilience with a focus on the life of Numiipuu (Nez Perce) anthropologist Archie M. Phinney. He lived through tumultuous times as the Bureau of Indian Affairs implemented the Indian Reorganization Act, and he built a successful career as an indigenous nationalist, promoting strong, independent American Indian nations. Rising from the Ashes analyzes concepts of indigenous nationalism and notions of American Indian citizenship before and after tribes found themselves within the boundaries of the United States. Collaborators provide significant contributions to studies of Numiipuu memory, land, loss, and language; Numiipuu, Palus, and Cayuse survival, peoplehood, and spirituality during nineteenth-century U.S. expansion and federal incarceration; Phinney and his dedication to education, indigenous rights, responsibilities, and sovereign Native Nations; American Indian citizenship before U.S. domination and now; the Jicarilla Apaches' self-actuated corporate model; and Native nation-building among the Numiipuu and other Pacific Northwestern tribal nations. Anchoring the collection is a twenty-first-century analysis of American Indian decolonization, sovereignty, and tribal responsibilities and responses.
Journal Articles
- Tribal Sovereignty Means Competition, Broadband Access, and Economic Development for Indian CountryKemper, K. (2013). Tribal Sovereignty Means Competition, Broadband Access, and Economic Development for Indian Country: A Law and Economics Analysis of the Efficiency of the FCC's Standing Rock Sioux Case
- Tribal sovereignty, tribal court legitimacy, and public defenseCutler. (2016). Tribal sovereignty, tribal court legitimacy, and public defense. UCLA Law Review, 63(6), 1752–.
- Asserting Tribal Sovereignty through Compact Negotiations: A Case Study of the Coushatta Tribe of LouisianaPrecht. (2017). Asserting Tribal Sovereignty through Compact Negotiations: A Case Study of the Coushatta Tribe of Louisiana. American Indian Quarterly, 41(1), 67–92.
- Who Is an Indian Child? Institutional Context, Tribal Sovereignty, and Race-Making in Fragmented States.Brown. (2020). Who Is an Indian Child? Institutional Context, Tribal Sovereignty, and Race-Making in Fragmented States. American Sociological Review, 85(5), 776–805.
- Tribal Sovereignty Is Bestowed Upon Us by the CreatorStevens, P.J., Lorenzo, L., Jr., & Ahumada, M. (2021). Tribal Sovereignty Is Bestowed Upon Us by the Creator. Journal of American Indian Education 60(3), 123-132.
- We Hold the Government to Its Word": How McGirt v. Oklahoma Revives Aboriginal TitleBlumenthal, C. (2022). "We Hold the Government to Its Word": How McGirt v. Oklahoma Revives Aboriginal Title. The Yale Law Journal, 131(7), 2328–2386.
Congressional Legislation & Executive Orders
- Indian Affairs and the Indian Reorganization Act: The Twenty Year Record.Kelly, W. (1954). Indian Affairs and the Indian Reorganization Act: The Twenty Year Record. Tucson, University of Arizona.
- Indian Reorganization Act AmendmentsArnold %26 Porter. (1988). Indian Reorganization Act Amendments, P. L. 100-581, 102 Stat. 2938, November 1, 1988. .
- Tribal Self-Government and the Indian Reorganization Act of 1934Tribal Self-Government and the Indian Reorganization Act of 1934. (1972). Michigan Law Review, 70(5), 955–986. https://doi.org/10.2307/1287800
- John Collier and the Indian Reorganization ActBerkey, C. (1976). John Collier and the Indian Reorganization Act. American Indian Journal, 2(7), 2-7.
- Reclaiming self-determination from the Indian Self-Determination and the Education Assistance of 1975Wilson, M. D (2012) "Reclaiming self-determination from the Indian Self-Determination and Education Assistance Act of 1975." International Journal of Qualitative Studies in Education, 25:7, 905-912
- The History, Status, and Future of the Tribal Self-Governance Under the Indian Self-Determinations and Education Assistance ActStrommer, G. D., & Osborne, S. D. (2014). "The History, Status, and Future of the Tribal Self-Governance Under the Indian Self-Determinations and Education Assistance Act." American Indian Law Review, 39(1), 1–75.
Historical SCOTUS Cases
Crow Dog's Case by Sidney L. Harring
Call number: KF8205 .H37 1994ISBN: 0521415632Publication date: 1994-01-28Crow's Dog Case is the first social history of American Indians' role in the making of American law. This book sheds new light on Native American struggles for sovereignty and justice in nineteenth-century America. The 'century of dishonor', a time when American Indians' lands were lost and their tribes reduced to reservations, provoked a wide variety of tribal responses. Some of the more succesful responses were in the area of law, forcing the newly independent American legal order to create a unique place for Indian tribes in American law. Although the United States has a system of law structuring a unique position for American Indians, they have been left out of American legal history. Crow Dog, Crazy Snake, Sitting Bull, Bill Whaley, Tla-coo-yeo-oe, Isparhecher, Lone Wolf, and others had their own jurisprudence, kept alive by their own legal traditions.
- 21 U.S. 543 - Johnson and Graham's Lessee v. William McIntoshJohnson and Graham's Lessee v. William McIntosh, 21 U.S. 543, 604 (1823)
- 30 U.S. 1 - Cherokee Nation vs. the State of GeorgiaCherokee Nation vs. the State of Georgia, The. 30 1, 80 (1831)
- 31 U.S. 515 - Samuel A. Worcester, Plaintiff in Error v. the State of GeorgiaSamuel A. Worcester, Plaintiff in Error v. the State of Georgia. 31 515, 597 (1832)
- Crow Dog’s Case: A Chapter in the Legal History of Tribal Sovereignty.Harring, S. L. (1988). Crow Dog’s Case: A Chapter in the Legal History of Tribal Sovereignty. American Indian Law Review, 14(2), 191–239. https://doi.org/10.2307/20068289
Recent SCOTUS Cases
Bracken Case Articles
- Case: Brackeen v. Haaland. (2022).Case: Brackeen v. Haaland. (2022). SCOTUSblog.
- Justices agree to review constitutionality of Indian Child Welfare Act.Howe, A. (2022, February 28). Justices agree to review constitutionality of Indian Child Welfare Act. SCOTUSblog
- Brackeen v. Bernhardt - Indian Child welfare act - Now Brackeen v. Haaland.ynch, E. D., & Lewerenz, D. (2022, February 28). Brackeen v. Bernhardt - Indian Child welfare act - Now Brackeen v. Haaland. Native American Rights Fund.
- Child welfare law is battered by court. still standing.Pember, M. A. (2021, April 7). Child welfare law is battered by court. still standing. Indian Country Today.
Castro-Huerta Decisions
- Case: Oklahoma v. Castro-Huerta. (2022)Case: Oklahoma v. Castro-Huerta. (2022). SCOTUSblog.
- Experts: US Court fractures decades of Native American law.Fonesca, F. (2022, July 5). Experts: US Court fractures decades of Native American law. Indian Country Today.
- Supreme Court decides Oklahoma v. Castro-Huerta.Koltookian, S., & Oort, A. V. (2022, July 1). Supreme Court decides Oklahoma v. Castro-Huerta. JD Supra.
- U.S. Supreme Court decision in Oklahoma v. Castro-Huerta.Agoyo, A. (2022, June 29). U.S. Supreme Court decision in Oklahoma v. Castro-Huerta. Indianz.Com
Dobbs Decision
- Case: Dobbs. Jackson Women’s Health Organization. (2022)Case: Dobbs. Jackson Women’s Health Organization. (2022). SCOTUSblog.
- Why Indian country won't become safe harbors for abortionsEaton, K. (2022, June 27). Why Indian country won't become safe harbors for abortions. Indian Country Today/Daily Yonder
- The Indian Country Abortion Safe Harbor Fallacy.Van Schilfgaarde, L., Hoss, A., Deer, S., Tweedy, A. E., & Leeds, S. (2022, June 6). The Indian Country Abortion Safe Harbor Fallacy. LPE Project.
McGirt Decision Articles
- Case: McGirt v. Oklahoma. (2020)Case: McGirt v. Oklahoma. (2020). SCOTUSblog.
- Q&A: What does McGirt ruling mean?Q&A: What does McGirt ruling mean? (2020, July 9). Indian Country Today/ The Associated Press.
- Supreme Court decision in McGirt v. Oklahoma affirms tribal sovereignty, upholds treaty rights.Roberts, L. (2020, July). Supreme Court decision in McGirt v. Oklahoma affirms tribal sovereignty, upholds treaty rights. American Indian Policy Institute.