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Alaska Natives and American Laws

ISBN-10: 1602231753
ISBN-13: 9781602231757
Edition: 3rd 2012
List price: $85.00
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Description: Now in its third edition,Alaska Natives and American Lawsis still the only work of its kind, canvassing federal law and its history as applied to the indigenous peoples of Alaska. Covering 1867 through 2011, the authors offer lucid explanations of  More...

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Book details

List price: $85.00
Edition: 3rd
Copyright year: 2012
Publisher: University of Alaska Press
Publication date: 11/15/2012
Binding: Paperback
Pages: 600
Size: 7.00" wide x 10.00" long x 1.00" tall
Weight: 1.892
Language: English

Now in its third edition,Alaska Natives and American Lawsis still the only work of its kind, canvassing federal law and its history as applied to the indigenous peoples of Alaska. Covering 1867 through 2011, the authors offer lucid explanations of the often-tangled history of policy and law as applied to Alaska’s first peoples. Divided conceptually into four broad themes of indigenous rights to land, subsistence, services, and sovereignty, the book offers a thorough and balanced analysis of the evolution of these rights in the forty-ninth state.This third edition brings the volume fully up to date, with consideration of the broader evolution of indigenous rights in international law and recent developments on the ground in Alaska.

Foreword to the Third Edition
Foreword to the Second Edition
Foreword to the First Edition
Acknowledgments to the Third Edition
Acknowledgments to the Second Edition
Acknowledgments to the First Edition
The Federal Relationship to Alaska Natives
The Federal-Native Relationship Generally
A Unique Relationship
Common Law Basis
International Legal Principles
Federal Plenary Power
Defining the Relationship
History of the Alaska Native Relationship
Early Years (1867-1905)
Middle Period (1904-1971)
ANCSA and Its Effect
The Modern Relationship
The Abstract Relationship
The Specific Aspects
General Conclusions
Aboriginal Title
Introduction
Generally
The Rule of Discovery
M'Intosh-The Exclusive Right of Purchase
Worcester-Protection Against States and Others
Three Elements
The Obligation to Protect Aboriginal Title
Common Law Principle
The Statutory Requirements
Extinguishment of Aboriginal Title
Purchase and Conquest
Congress and Its Intent
Recognition and Other Rights to Compensation
Recognized and Unrecognized Aboriginal Title
Jurisdictional Acts
Aboriginal Title in Alaska
Introduction
Treaty of 1867
The Obligation of Protection
Preserving the Status Quo
Events After Statehood
Alaska Native Claims Settlement Act (1971)
Conclusion
Reservations
Introduction
Alaska Pacific Fisheries v. United States
General Principles
Development and Decline of the Alaska Reservation Policy
Eight Phases
1891-1919-Metlakatla and the First Executive Order Reserves
1920-1933-"Public Purpose" Reserves
1936-1940-Application of the IRA to Alaska and the Small Reservation Policy
1940-1943-Reversal of Policy and Creation of the Venetie Reserve
1944-1952-The IRA Reserves: A Policy Frustrated
1952-1960-Dormant Period
1960-1971-Restrictions and Revocation
Some Conclusions
Trust Responsibility to Land Before ANCSA
Trust Responsibility to Land After ANCSA
Guardianship
Native Allotments and Townsites
Generally
Allotments
Allotment Policies
Substantive Provisions of the Alaska Native Allotment Act
Changing Alaska Allotment Policies
From Trust to Restricted Status
Allotment Administration
Native Townsites
Townsite Administration
Federal Obligations
Native Occupancy Rights
Jurisdictional Issues
General
Federal Court Jurisdiction
Effect of P.L. 280
Probate
Federal Income Tax
Condemnation
Conclusion
ANCSA: The Alaska Native Claims Settlement Act
Introduction
Background: ANCSA's Compromises
ANCSA's Provisions
Generally
Land Allocations
"Surface" and "Subsurface"
Easements and Other Encumbrances
The Monetary Settlement
Post-ANCSA Institutions
ANCSA's Evolution
Generally
Refinancing ANCSA (The NOLs)
Growing ANCSA: 8(a) and Natural Resource Revenue
Restructuring ANCSA
Conclusions
History of Alaska Natives Services
Overview
Bureau of Education-1884 to 1931
Bureau of Indian Affairs-1931 to Present
Education
History of Education in Alaska
Status of Education in Alaska
Federal Support for State Education
Conclusion
Economic Development
Introduction
Reindeer
The Hydaburg Model Village
Fish Canneries
ANCSA and the Indian Financing Act
Conclusion
Welfare Benefits and Services
Introduction
Copper Center and Vicinity-1907 to 1910
The Snyder Act
BIA Social Service Programs
Conclusion
Indian Health Service
History (1868 to 1955)
Native Health Conditions
The Alaska Native Medical Center
The Alaska Native Health Service
The Indian Self-Determination Act
The 1975 Enactment
1988 Amendments
1994 Amendments
BIA and IHS Compacting
Conclusion
Native Entitlement to Services
Introduction
Three Legal Theories
Authority and Obligation
Sources of Federal Authority to Provide Human Services
Generally
Guardianship as a Source of Federal Authority
Guardianship in Alaska
The Snyder Act
Conclusion
Federal Social Service Obligations
Executive Obligations
Due Process
Statutory Entitlement
Beyond Due Process and Statutory Entitlement
The Ruiz Approach
The White v. Califano Approach
Ruiz-Califano and the Transformation of Guardianship
Indian Preferences
Federal Indian Preference Legislation
Federal Indian Preference Decisions
ANCSA Preference
Conclusion
Describing the "Legal Relationship"
Authority and Obligation
ANCSA and Federal Obligations
Subsistence in Alaska
Protecting Subsistence Generally
Introduction
"Subsistence"
Subsistence Protection Alternatives
Federal Preemption in Alaska
General
Preemptive Treaties
Preemptive Statutes
Trust Responsibility for Subsistence
Subsistence and ANCSA
Introduction
The Effect of ANCSA
Problems with State Protection
ANILCA
Subsistence on the Outer Continental Shelf
The Subsistence Defense in Federal and State Criminal Prosecutions
Possibilities for Tribal Control
Introduction
Exclusive Tribal Jurisdiction
Exclusive State Jurisdiction
Concurrent Jurisdiction
Comanagement
Conclusions
Modern Alaska Native Governments and Organizations
Introduction
Governmental Organizations
Generally
Territorial and State Muncipalities
Traditional and IRA Governments
Tlingit and Haida Central Council
Economic Profit Corporations
Generally
IRA Corporations
ANCSA Corporations
Nonprofit Development and Service Corporations
Background
Tanana Chiefs Conference
Maniilaq Association
General Conclusions
Multiregional Political Organizations
Introduction
Alaska Native Brotherhood and Sisterhood
Alaska Federation of Natives
Tribal Advocacy Organizations
Marine Mammal Commissions
International Organizations
Sovereignty: Alaska Native Self-Government
Introduction
The Meaning of "Sovereignty"
Alaska Native Self-Government
Native American Sovereignty in General
The Interplay of History and Law
Inherent Sovereignty-The Most Basic Principle
Preemption and Infringement-Limits on the States
Powers of Native Governments
Vacillating Federal Policies
Legal History of Alaska Native Sovereignty
Early History
Change in Status
The Indian Reorganization Act
Tribal Political Status
ANCSA and Subsequent Events
General Observations
The Juridiction Problem
Other Aspects of Sovereignty
The Cultural Aspect
State and Native Jurisdiction in Alaska
Jurisdiction in General
Jurisdiction over Territory: The "Indian Country" Question
Jurisdiction over Persons and Property
Subject Matter Jurisdiction
Delegation and Other Expansions of Subject Matter Jurisdiction
P.L. 280
Sovereign Immunity
Labor and Discrimination Laws
"Recognition"
Basic Principles
Federal Judical Recognition
Federal Administrative Recognition
Federal Legislative Recognition
The State and Recognition
Consultation
Conclusion
Tribal Courts
Tribal Court Roots
Tribal Court Jurisdiction
The Operation of Tribal Courts in Alaska
Tribal Land Transfers
Conclusion
Bibliography
Table of Cases, Statutes, Regulations, and Materials
Opinions Cited
Cases Cited
Selected Statutes, Regulations, and Materials
Index

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