Ebook American Indians and the Law: The Penguin Library of American Indian History, by N. Bruce Duthu
Ebook American Indians and the Law: The Penguin Library of American Indian History, by N. Bruce Duthu
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American Indians and the Law: The Penguin Library of American Indian History, by N. Bruce Duthu
Ebook American Indians and the Law: The Penguin Library of American Indian History, by N. Bruce Duthu
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From Publishers Weekly
Hundreds of Native American tribes are classified as sovereign governments, a murky legal status that this study (part of the Penguin Library of American Indian History) struggles to clarify. Duthu, a law professor and member of the Houma tribe, reviews statute and case law on tribal sovereignty, especially recent Supreme Court decisions that are at odds with Congress's modern friendliness toward tribal self-determination. His dense, dry survey explores such topics as tribal jurisdiction over non-Indians living on reservations, tribal natural resources and environmental policy, adoption law for Indian children and the perennial wrangling between tribal and state governments over taxes, regulation and gambling. Roiling these issues are two conflicts: the clash between tribal sovereignty and congressional power to legislate on Indian affairs, and the tension between tribal group rights and individual rights. Duthu's sympathies are clear: he dismisses critics of special tribal rights as ignorant and castigates infringements of tribal sovereignty as motivated by neocolonialist views of Indians as a dying race; but his focus on legal precedent and convention regarding tribal sovereignty rather than its concrete benefits fails to make a compelling case for the necessity of such sovereignty. Copyright © Reed Business Information, a division of Reed Elsevier Inc. All rights reserved.
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About the Author
N. Bruce Duthu, JD, is an internationally recognized scholar on Native American issues, including tribal sovereignty and federal recognition of Indian tribes. He is a professor of law at the Vermont Law School and a United Houma Indian Nation tribal member.
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Product details
Series: Penguin Library of American Indian History
Hardcover: 304 pages
Publisher: Viking Adult; First Edition edition (January 31, 2008)
Language: English
ISBN-10: 0670018570
ISBN-13: 978-0670018574
Product Dimensions:
5.4 x 1.1 x 7.8 inches
Shipping Weight: 12 ounces (View shipping rates and policies)
Average Customer Review:
4.7 out of 5 stars
5 customer reviews
Amazon Best Sellers Rank:
#915,299 in Books (See Top 100 in Books)
This book tells the story of how our governent, its legilative bodies and Supreme Court, has dealt with the Indian population whose land we claimed by way of "The Discovery Doctrine." The story is not an easy read because it demonstrates our discomfort in living into American ideals, but the clarity with which Bruce Duthu writes invites the reader to stay with it and possibly finds ways to address in our own time the inconsistencies and the damages our government has wrought.
I chose "American Indians and the Law" as a follow-up for another in the Viking/Penguin series ("The Cherokee Nation and the Trail of Tears"). Both are well worth reading. They leave me with the question--is it a comfort or a sorrow to learn that politics have often twisted justice throughout the history of the United States?
The author has presented a very reasonable and well-documented view of the legal challengess faced by Native Americans when trying to maintain their tribal identities and sovereign rights within the restraints of state and federal laws as legislated and as interpreted by the courts, the U.S. Supreme Court in particular. This is a must read for anyone who has an interest in this aspect of our history and concerns about the future direction this nation may take with regard to the legal status and rights of Native Americans in our democratic society.
I learned that tribal legal status began as sovereign [self-government] that differed from that of other cultural groups predating the establishment of the US. In Johnson v McIntosh (1823), the Supreme Court applied the 'discovery doctrine' meaning that American Indians became guests in their ancestral lands. Later in that century, Congress subsumed American Indian sovereignty into the scope of national power. Johnson v McIntosh is the most important Indian rights opinion ever issued by any court of law in the United States (73)." Although American Indians became citizens (1924), they remained subject to the authority of Congress. The persistence of racism appears in many Indian cases and policies.
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