American Indians, American Justice

ISBN-10: 029273834X
ISBN-13: 9780292738348
Edition: 1983
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Description: "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." Los Angeles Times Baffled by the stereotypes  More...

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Book details

List price: $27.95
Copyright year: 1983
Publisher: University of Texas Press
Publication date: 1/1/1983
Binding: Paperback
Pages: 280
Size: 5.75" wide x 9.00" long x 0.75" tall
Weight: 0.946
Language: English

"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." Los Angeles Times Baffled by the stereotypes presented by Hollywood and much historical fiction, many other Americans find the contemporary American Indian an enigma. Compounding their confusion is the highly publicized struggle of the contemporary Indian for self-determination, lost land, cultural preservation, and fundamental human rightsa struggle dramatized both by public acts of protest and by precedent-setting legal actions. More and more, the battles of American Indians are foughtand wonin the political arena and the courts. American Indians, American Justice explores the complexities of the present Indian situation, particularly with regard to legal and political rights. It is the first book to present an overview of federal Indian law in language readably accessible to the layperson. Remarkably comprehensive, it is destined to become a standard sourcebook for all concerned with the plight of the contemporary Indian. Beginning with an examination of the historical relationship of Indians and the courts, the authors describe how tribal courts developed and operate today, and how they relate to federal and state governments. They define such key legal concepts as tribal sovereignty and Indian Country. By comparing and contrasting the workings of Indian and non-Indian legal institutions, the authors illustrate how Indian tribes have adapted their customs, values, and institutions to the demands of the modern world. Describing the activities of attorneys and Indian advocates in asserting and defending Indian rights, they identify the difficulties typically faced by Indians in the criminal and civil legal arenas and explore the public policy and legal rights of Indians as regards citizenship, voting rights, religious freedom, and basic governmental services.

Introduction
American Indians in Historical Perspective
Discovery, Conquest, and Treaty-Making (1532-1828)
Removal and Relocation (1828-1887)
Allotment and Assimilation (1887-1928)
Reorganization and Self-Government (1928-1945)
Termination (1945-1961)
Self-Determination (1961-Present)
Federal Responsibility and Power over Indian Affairs
Roots of Federal Responsibility
The Sources of Federal Power
Indian Country
The Evolution of Tribal Governments
Traditional Forms of Tribal Government
Transitional Tribal Governments
Tribal Government in Modern Perspective
Tribal Government and Contemporary Problems
The Indian Judicial System
The Development of the Indian Court System
Tribal Judges
Tribal Courts and the 1968 Indian Civil Rights Act
Federal Review of Tribal Court Decisions
The Tribal Court System: An Assessment
The Role of Attorneys, Advocates, and Legal Interest Groups in the Indian System of Law
Indian Attorneys and American Society
Attorneys and Advocates in an Indian Setting
Indian Legal Services Attorneys
Indian Legal Interest Groups
The Criminal System of Justice in Indian Country
Federal Statutes and Criminal Law
Criminal Jurisdiction: Bringing Order to a Complex Maze
Law Enforcement and Criminal Prosecution
Special Problems in Law Enforcement
The Civil System of Justice in Indian Country
Traditional Civil Law
The Civil System in Operation
Immunity from State Encroachment
The Indian-State Conflict of Laws
Public Policy and the Legal Rights of Indians
The Civil Liberties of American Indians
American Indian Religious Freedom
The Right to Basic Governmental Services
Bibliographic
References
Index of Cases
Index of Topics

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