Indian Civil Rights Act at Forty

ISBN-10: 0935626670
ISBN-13: 9780935626674
Edition: 2012
List price: $40.00
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Description: Literary Nonfiction. Native American Studies. Edited by Kristen A. Carpenter, Matthew L.M. Fletcher, and Angela R. Riley. Congress passed the Indian Civil Rights Act of 1968 (ICRA) to address civil rights in Indian country. ICRA extended select,  More...

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Book details

List price: $40.00
Copyright year: 2012
Publisher: University of California, American Indian Studies Center
Publication date: 1/27/2012
Binding: Paperback
Pages: 358
Size: 6.00" wide x 9.00" long x 1.00" tall
Weight: 1.342
Language: English

Literary Nonfiction. Native American Studies. Edited by Kristen A. Carpenter, Matthew L.M. Fletcher, and Angela R. Riley. Congress passed the Indian Civil Rights Act of 1968 (ICRA) to address civil rights in Indian country. ICRA extended select, tailored provisions of the Bill of Rights—including equal protection, due process, free speech and religious exercise, criminal procedure, and property rights—to tribal governments. But, with the exception of the writ of habeas corpus, Congress did not establish a federal enforcement mechanism for violations of the Act, nor did it abrogate tribal sovereign immunity. Thus, ICRA has been interpreted and enforced almost exclusively by Indian tribes and their courts.This collection of essays, gathered on the fortieth anniversary of ICRA, provides for the first time a summary and critical analysis of how Indian tribes interpret and apply these important civil rights provisions in our contemporary world. The authors have found that, while informed by ICRA and the dominant society's conception of individual rights, Indian nations are ultimately adapting and interpreting ICRA in ways consistent with their own tribal traditions and beliefs. In some respects, ICRA parallels the broader experiences of tribes over the past forty years—a period of growth, revitalization, and self-determination for many Indian nations.

Kristen A. Carpenter is Associate Dean for Faculty Development and Associate Professor of Law at the University of Colorado Law School.

Angela R. Riley (Citizen Potawatomi Nation) is Professor of Law and Director of the American Indian Studies Center, University of California, Los Angeles.

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