Indigenous Peoples Law Books

The story told in Conquest by Law could be the Enron scandal of the 19th Century...the irony is that it is all true and that you wouldn't have imagined it in your wildest dreams. We are used to a context in which the Supreme Court of the United States is the highest court of the land. It is implicit today that when the Supreme Court says what the law "is"...that is it, 'the final word'! However, when this story began there was no such confidence and no history of Supreme Court precedent! The Supreme Court was just another forum for speculation and that is what the protagonists do in Conquest by Law.

The speculation on land and the profiteering that was the underlying motive was not originally designed to marginalize or dispossess Native Americans...but that is quickly what it became... It was, as so many scandals are, all about money. The King and then later the Congress implusively protected Indian Land, but not for the Indians, for themselves. And that is where the conflict begins, with a tug of war over who had the right to buy land directly from the Tribes. The nation's first and arguably, most important jurist eventually crafted the answer...an answer that created a "legitimate" dispossession of Indian Land, a legal conquest that remains the most devastating defeat in the history of Native Americans.

Prof. Robertson exposes the scandal and legal manuevering behind Chief Justice Marshall's answer. The truth is a story of lies, bribery, politics, and and scandal that reads like a cross between McCullough and Grisham.

This is a great read if you are interested in legal scandal, Native American History, the Supreme Court and/or corporate intrigue. Enjoy!!!

I love a good mystery--and the resolving of the twists and turns that led to it. This book is not only a good "who dunnit" but is also a serious study of a fascinating subject of interest to all English speaking people in the world. I enjoyed the book from cover to cover--it is well written, sprightly, serious, detailed, and generally a good read.

It is not granted to every historian to discover a trunkful of old documents up in an attic somewhere. The fact that the Illinois-Wabash papers, which fortuitously fell into the capable hands of this particular historian, were located in a basement instead, hardly alters the aura surrounding this discovery, nor does it affect the drama of the issues involved. In sifting through the evidence brought to light by this remarkable find, Lindsay G. Robertson has provided more than a mere tale of "olden days" which might be of interest to a cloistered few: he has produced a revolutionary document which may have far-reaching consequences on the "history" of the future, as well as on our reading of the past.

Mr. Robertson's capable exposition of a complex history, and the drawing out of the major themes and undercurrents informing the events of the period makes this work of interest to a broader public than just those who may find themselves involved professionally, or by association, or in the case of Native Americans and aboriginal peoples elsewhere, because it is very much part of their own story. Indeed, the wider ramifications of the judgment in the case of Johnson v. M'Intosh for both Canada and Australia and the indigenous peoples of those far-flung lands, heighten the importance of the decision itself and extend the range of interest of this original work of historical detection and analysis.

It is not an easy story to come to grips with, and our thanks must go to the author for his careful unravelling and clear explanation of the facts surrounding what has partly been obscured by the mists of time, and partly intentionally covered up by many of the original participants. We live in age which has much to consider in the way of recognizing past faults. Much is owed to exploited populations in many lands: from the time of Cortez, no treaties have been signed in South America, and those lands have been subject to plunder for centuries. That the native peoples on our own continent have been herded and exploited perhaps to a lesser extent is no reason for not now attempting to reconcile the historical faults of which all Americans and Canadians now living are the heirs. Mr. Robertson's sensitive review of how the legal foundations for the transfer of Indian land into the hands of speculators, prospectors and other worthies of the period came into being, deserves our full attention.

All in all, Mr. Robertson has produced an eloquent, eminently readable text that ought to foster much debate within the United States and abroad. It is a commendable work of scholarship which should not, must not, go unnoticed. It can, should we decide to take heed, contribute greatly to the furthering of better relations between communities in North America and around the globe - and, in a world which stands in dire need of developing governmental systems that take a diversity of communities into account (Liberia, Rwanda, and the Balkans come to mind at once, but the problem is widespread), that is no small accomplishment.

This book was an invaluable source of information for my research on tribal sovereignty. Wildenthal focuses on 5 topics: The Cherokee Cases, Indian Treaty Rights, Tribal Criminal Jurisdiction, Tribal Civil Jurisdiction, and Tribal Gambling. Each topic has an introduction section, a historical background section, and a description of the cases and the many issues.

Each topic is also subdivided into its seminal Supreme Court cases such as Lone Wolf v. Hitchcock, Oliphant v. Sququamish, and Worcester v. Georgia. The second part of the book compiles various documents that deal with the majority of these cases; two treaties, one gaming compact, and 13 opinions.

There is also a chronology, a glossary of people, laws, and concepts, and a table of cases and statutes. Throughout the book are sections on "reccommended reading" and an extensive annotated bibliography that provide new ideas and books for further research.

Wildenthal writes in an engaging manner, asking questions and raising issues. The style of the book encourages learning; he gives background, then describes the case, then tells you to read the opinion or relevant document, and then discusses the issues.

This is an awesome book!

The latest in the "On Trial" series from ABC-CLIO, Native American Sovereignty On Trial examines the history of court litigation and important legal controversies involving Native American treaty rights, especially concerning the historical background and modern-day implications of Native American sovereignty. Painstakingly compiled by Bryan H. Wildenthal (Associate Professor and Director of the Center for Law and Social Justice at the Thomas Jefferson School of Law, San Diego, California), Native American Sovereignty On Trial presents primary source documents such as court decisions and rulings, as well as an A-Z list of crucial individuals, laws, and ideas, a chronology. All this and more fill the pages of this informed and informative casebook which is especially commended for inclusion with Native American Studies reading lists and American Jurisprudence Studies reference collections.

This first book by Brian H. Wildenthal instantly positions him as a law-thinker who has disturbing new perspectives to offer about how law drives American history. The subject of how callously and exploitively U.S. law -- and often the Supreme Court as well -- has treated our native American peoples is a long-neglected one. So is the subject of how vastly different from that of blacks and other racial groups is the legal treatment of our U.S. tribes, because they started off dealing with the U.S. government as sovereign nations. U.S. law has often had the effect of attempted genocide on the tribes, not only in the past but right up to today, whether it's the festering old treaty issues or the continuing policy of removing Indian children from tribal homes and putting them up for adoption with non-Indian families. Technically a textbook, "Native American Sovereignty on Trial" is highly readable and accessible to the layperson. It gives a vivid picture of the long sad history of issues and court decisions -- from the Cherokee removals and the broken treaties of old, to controversies around criminal jurisdiction and tribal gaming today. As an American of mixed-blood descent, with relatives who are enrolled tribal members, I felt my blood boil as I read this book, and hope "Native American Sovereignty" gets the wide visibility that it deserves. Wildenthal has been teaching at the Thomas Jefferson College of Law in San Diego for years, with a major focus on this subject. I look forward to Wildenthal's next book.

This book maintains that the primary purpose of the FBI, from its inception and at least through to the late 1980s when Agents of Repression was first published, was to repress political groups and individuals who posed a threat to the status quo. The text is accompanied by heavy documentation and I was often reminded of the writing style of Noam Chomsky and Edward Herman. The focus here, however, is on the domestic crimes of the government. Churchell and Vander Wall show that the FBI was willing to use massive illegal force (including assasination) to repress political enemies and serve the interests of those in power. This is an excellent eye-opener to the true nature of the Bureau and the harsh crimes visited upon the American Indian Movement, the Black Panther Party and others such as the Puerto Rican Independence Movement. One is left wondering what activities the FBI has engaged in since the '80s and especially since 9/11. The best book I've read in some time.

The reissue of Agents of Repression is not only based on the historical significance of the book, but also the concerns expressed by co-author Ward Churchill in his lectures and writings about the direction of this nation with the advent of the Department of Homeland Security and legislative measures that have trampled over the Bill of Rights.

The book was published in 1988 based on the then ongoing litigation by some government officials against an author and publisher who had a work published concerning the illegal repression of AIM.

Agents of Repression is basically split into four sections; a history of the FBI, the government's war against the Black Panther Party, a lengthy exploration of AIM and the steps taken by a variety of government departments to destroy the grass-roots movement and how nothing has changed in the 1980s.

For readers who have explored these issues through other forums, it is an outstanding history. Readers who may be researching this era for the first time, I highly recommend the book since it takes larger topics and breaks them down into succinct chapters.

Churchill became the punching bag for the lightweight talking-heads on cable "news" shows more than a year ago due to comments he made in an academic setting concerning 9/11.

I urge a potential book-buyer to disregard that rhetoric and disinformation campaign waged against the co-author Churchill and consider that perhaps the payback for truly believing in civil rights means the attempt to silence him.

This is an excellent resource in federal Indian law. It is updated annually via cumulative pocket-parts and is a thorough review of the subject. It is a great place to begin research in Indian law because it lays out the blackletter and has copious citations to the major (and sometimes less major) cases on the subject. For me, if I could have only one book on the subject, this would be it.

Federal Indian law is a quagmire that demands useful navigational tools. In the past, Felix Cohen's "Handbook of Federal Indian Law" (particularly the 1942 ed.) was used by everyone - including Supreme Court Justices - to better understand this jurisprudence. This field of law, however, has evolved in many ways in the intervening twenty years and the "American Indian Law Deskbook" permits readers to learn about these changes in the responsibilities and exposures of the states, tribes, and federal government. Indeed, this is the second edition, and the foreword indicates that even the five-year period between editions had been eventful. The overall intent of this publication is to present relevant legal history to sustain an understanding of Indian law today.

The editors have included Tables of Cases (32 pp.), and of Statutes and Codes (9 pp.), as well as a bibliography (10 pp.). One important note must be added. Yearly supplements are a crucial part of the business of legal research, and the editors of the "American Indian Law Deskbook" realized this when they published the first edition in 1993. This practice has continued, and stand-alone yearly supplements are available for both 1999 and 2000 that update the current edition.

"American Indian Law Deskbook" augments Cohen's "Handbook." It should be considered as a core holding for those with a desire and/or a need to learn more about current federal Indian law.

this book gives great information for anyone interested in learning more about the history of native american tribes and the double standard our legal and legislative systems have caused.

The book was recived in excellent condition and in a very timely manner.

It's one thing to read about Congressional legislation designed to right the wrongs of the past. It's quite another to see it illuminated in the living, breathing culture of those who are impacted most. Dr. Tweedie's approach superbly contextualizes the intricacies of evaluating NAGPRA's successes and limitations by using insights into the Makah's past to inform their current, complex realities. Her field research provides readers with unique access to a culture seeking to understand itself and the role its most sacred artifacts play in its identity.

Dr. Tweedie crafts an excellent study of how NAGPRA is affecting one tribe and it's attempts to bring its objects of cultural patrimony back to their lands. However, she details more than the physical reclaiming of objects - this book really gives an insight into the deeper meaning of repatriation for the Makah.
It is obvious that Dr. Tweedie's time in Neah Bay researching this book has brought her a unique understanding of the topic and the foreword by Janine Bowchamp of the Makah Cultural Research Center emphasizes the importance of this work to the tribe.

This is an excellent book. I found it at the library to use for my senior thesis, and liked it so much that I wanted to buy it. :o) It contains a wide array of information from different fields of scholars in anthropology and Native peoples.

This book provides an excellent resource for students of Archaeology as well as professonals in the field. This book allows archaeologists and others to see issues surrounding their profession and more importantly what to do when those issues arise.An excellent read and a must for any budding archaeologists!

Newcomb delivers an analysis on U.S. federal Indian law that traces its racist history to Christian discovery and dominion. The entirety of the book is devoted to elucidating the idealized cognitive models (ICMs) present in U.S. Indian policy that originated in the expansion of Christendom and the entitlement of Europeans as chosen people and conquers on native lands.
The final chapter is definitely worth waiting for as Newcomb summarizes and projects into the present-day his well-researched and professional perspective on how and why American Indians have always faced such extremely racist treatment from the United States. For example, he writes

"Because other books have dealt quite capably with U. S. statues and legal decisions dealing with Indians, the aim of this work has been to use some of the findings of cognitive theory to account for the mentality of empire and domination that has resulted in the assumption that originally free and independent Indian nations and peoples are now subject to the plenary power and dominion of U. S. government. The same mentality has also resulted in Indian people losing before the Supreme Court more than 80 percent of the time, more often than convicted criminals seeking reversals of their convictions."

He goes on to relate the well-developed, Christian-based, American psychology of dominion over indigenous people in the United States to the post-9/11 American Empire. Pagans in the Promised Land is an essential perspective for Americans of European-decent to grasp as even citizens of an atheist background will realize the depth to which our cultural attitudes and prejudices (racism, sexism, classism, etc.) are rooted in the Christian doctrines of domination, entitlement, evangelism, and superiority.

Every educator or world peace advocate must read this book. Passionate and compelling arguments inspire readers to be more informed about overlooked and archaic policies in the U.S. Government. This contemporary work examines and explores doctrines that began with Indian Nations and are still being implemented in other areas of the modern world. Pagans in the Promised Land written by a Native American Scholar, Steven Newcomb, delivers some stimulating arguments based on over 20 years of research. This book is a must read for all universities prompting engaging classroom discussions.

Whereas the Spaniards and the Mexicans aimed to control the Native Americans of California by converting them to Catholicism, the Americans when they took over the territory in the 1840s after the Mexican War and the Gold Rush aimed to control them by cynical use of the law and related means of incrimination and enforcement. Gunther sees the lighter sentences Native Americans were frequently given in the numerous legal cases she reviewed (cited both in the notes and the bibliography) as an indication that the law was used primarily as a means of harassment of the Native Americans. The other side of this practice of using the law as an instrument of coercion of the Native American population and advancement of the desires of the newcoming Anglos with respect to acquisition of land and finding manual labor, for example, was that Anglos implicitly and explicitly got preferential treatment. It wasn't until 1875 that a Native American could give testimony against an Anglo; though the Indians could file complaints as is evident from the author's extensive documentary research. Yet before and even after this date, patent crimes committed by Anglos usually went unpunished. In such circumstances, laws enacted to remove Indians to reservations seem altruistic and enlightened; when in fact, they were devised to clear the Native Americans out of an area more quickly and easily than the relatively slow-acting discriminatory legal means. Gunther--with a Ph.D. in Native American history--shows how the law especially was a tool used intentionally and systematically by Anglos with the cooperation of the courts at different levels as a hegemonic tool against the Native Americans to further the Anglos' designs while at the same time, as surely as the violence, disease, and alcoholism, it worked to disintegrate the traditional indigenous cultures.

Since 1975 when the US government fostered a policy of self-determination for Native nations, many of the 500+ federally recognized nations have governed themselves, with some revision constitutions originally developed by the US government to hone them to Native interests. In turn these new constitutions are creating greater stability and accountability within the Native nations. The writings of tribal reform leaders, academics and lawyers come together for the first time under one cover in American Indian Constitutional Reform And The Rebuilding Of Native Nations, a top pick for college-level collections strong in Native history and culture and American politics and law.