Native American and Tribal Law Research

Landmark Indian Law Cases presents fifty-three groundbreaking decisions made by the United States Supreme Court in the area of federal Indian law.

Blood Will Tell reveals the underlying centrality of "blood" that shaped official ideas about who was eligible to be defined as Indian by the General Allotment Act in the United States. Katherine Ellinghaus traces the idea of blood quantum and how the concept came to dominate Native identity and national status between 1887 and 1934 and how related exclusionary policies functioned to dispossess Native people of their land. The U.S. government's unspoken assumption at the time was that Natives of mixed descent were undeserving of tribal status and benefits, notwithstanding that Native Americans of mixed descent played crucial in the national implementation of allotment policy. Ellinghaus explores on-the-ground case studies of Anishinaabeg, Arapahos, Cherokees, Eastern Cherokees, Cheyennes, Chickasaws, Choctaws, Creeks, Lakotas, Lumbees, Ojibwes, Seminoles, and Virginia tribes. Documented in these cases, the history of blood quantum as a policy reveals assimilation's implications and legacy. The role of blood quantum is integral to understanding how Native Americans came to be one of the most disadvantaged groups in the United States, and it remains a significant part of present-day debates about Indian identity and tribal membership.

In 2012 Kateri Tekakwitha became the first North American Indian to be canonized as a saint by the Roman Catholic Church, an event that American Indian Catholics have awaited for generations. Saint Kateri, known as the patroness of the environment, was born in 1656 near present-day Albany, New York, to an Algonquin mother and a Mohawk father. Tekakwitha converted to Christianity at age nineteen and took a vow of perpetual virginity. Her devotees have advocated for her sainthood since her death in 1680. Within historical Catholic writings, Tekakwitha is portrayed as a model of pious, submissive femininity. Indian Pilgrims moves beyond mainstream narratives and shows that Saint Kateri is a powerful feminine figure who inspires decolonizing activism in contemporary Indigenous peoples' lives. Author Michelle M. Jacob examines Saint Kateri's influence on and relation to three important themes--caring for the environment, building community, and reclaiming the Native feminine as sacred--and brings a Native feminist perspective to the story of Saint Kateri. The book demonstrates the power and potential of Indigenous decolonizing activism, as Saint Kateri's devotees claim the space of the Catholic Church to revitalize traditional cultural practices, teach and learn Indigenous languages, and address critical issues such as protecting Indigenous homelands from environmental degradation.

Even as interest in the powerful, often tragic history of Native America grows, many books continue to perpetuate long-standing misconceptions of the past as well as the romantic steretypes often popularized today. Readers can now rely on Encyclopedia of North American Indians for an authentic and often surprising portrait of the complexities of the Native American experience. Written by more than 260 contemporary authorities, the volume features many Native American contributors - including eminent writers, tribal elders, scholars, and activists - with voices as distinct as their subjects, offering a deeper and more informed appreciation of American Indian life, past and present. Illustrated with many rare photographs, the Encyclopedia features articles on subjects such as mound builders, reservations, cigar-store Indians, child rearing, powwows, boarding schools, museums and collectors, dreams, the occupation of Alcatraz, and the impact of American Indian civilizations on Europe and the world.

This guide provides a reliable resource on American Indian law. Its authoritative text covers the essentials of this complex body of law, with attention to the governmental policies underlying it. The work emphasizes both the historical development of Federal Indian Law and recent matters such as the evolution of Indian gaming, issues arising under the Indian Child Welfare Act, and the present enforcement of treaty rights.

Examining a series of court decisions made during the 1980s regarding the legal claims of several Native American tribes who attempted to protect ancestrally revered lands from development schemes by the federal government, this book looks at important questions raised about the religious status of land. The tribes used the First Amendment right of free exercise of religion as the basis of their claim, since governmental action threatened to alter the land which served as the primordial sacred reality without which their derivative religious practices would be meaningless. Brown argues that a constricted notion of religion on the part of the courts, combined with a pervasive cultural predisposition towards land as private property, marred the Constitutional analysis of the courts to deprive the Native American plaintiffs of religious liberty.

Before Europeans arrived in what is now known as the United States, over 600 diverse Native nations lived on the same land. This encroachment and subsequent settlement by Americans forcibly disrupted the lives of all indigenous peoples and brought about staggering depopulation, loss of land, and cultural, religious, and economic changes. These developments also wrought profound changes in indigenous politics and longstanding governing institutions.

The legal system of Southern California has been used by Anglo populations as a social and demographic tool to control Native Americans. Following the Mexican-American War and the 1849 Gold Rush, as California property values increased and transportation corridors were established, Native Americans remained a sharply declining presence in many communities, and were likely to be charged with crimes. The sentences they received were lighter than those given to Anglo offenders, indicating that the legal system was used as a means of harassment. Additionally, courts chronicled the decline of the once flourishing native populations with each case of drunkenness, assault, or rape that appeared before the bench. Nineteenth-century American society had little sympathy for the plight of Indians or for the destruction of their culture. Many believed that the Indians of Southern California would fade from history because of their inability to adapt to a changing world. While many aspects of their traditional culture have been irreparably lost, the people of southern California are, nevertheless, attempting to recreate the cultures that were challenged by the influx of Europeans and later Americans to their lands.

Ten Supreme Court cases that changed the fate of Native Americans, providing the contemporary historical/political context of each case, and explaining how the decisions have adversely affected the cultural survival of Native people to this day.

Grave Injustice is the powerful story of the ongoing struggle of Native Americans to repatriate the objects and remains of their ancestors that were appropriated, collected, manipulated, sold, and displayed by Europeans and Americans.