LIKE A LOADED WEAPON THE REHNQUIST COURT INDIAN RIGHTS AND THE LEGAL HISTORY OF RACISM IN AMERICA INDIGENOUS AMERICAS

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Like A Loaded Weapon

Author : Robert A. Williams
ISBN : 9781452907567
Genre : Law
File Size : 39.37 MB
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Robert A. Williams Jr. boldly exposes the ongoing legal force of the racist language directed at Indians in American society. Fueled by well-known negative racial stereotypes of Indian savagery and cultural inferiority, this language, Williams contends, has functioned “like a loaded weapon” in the Supreme Court’s Indian law decisions. Beginning with Chief Justice John Marshall’s foundational opinions in the early nineteenth century and continuing today in the judgments of the Rehnquist Court, Williams shows how undeniably racist language and precedent are still used in Indian law to justify the denial of important rights of property, self-government, and cultural survival to Indians. Building on the insights of Malcolm X, Thurgood Marshall, and Frantz Fanon, Williams argues that racist language has been employed by the courts to legalize a uniquely American form of racial dictatorship over Indian tribes by the U.S. government. Williams concludes with a revolutionary proposal for reimagining the rights of American Indians in international law, as well as strategies for compelling the current Supreme Court to confront the racist origins of Indian law and for challenging bigoted ways of talking, thinking, and writing about American Indians. Robert A. Williams Jr. is professor of law and American Indian studies at the James E. Rogers College of Law, University of Arizona. A member of the Lumbee Indian Tribe, he is author of The American Indian in Western Legal Thought: The Discourses of Conquest and coauthor of Federal Indian Law.
Category: Law

Savage Anxieties

Author : Robert A. Williams
ISBN : 9780230338760
Genre : History
File Size : 49.91 MB
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Presents an intellectual history of the West's bias against tribalism that explains how acts of war and dispossession have been justified in the name of civilization and have typically victimized tribal groups.
Category: History

The American Indian In Western Legal Thought

Author : Robert A. Williams
ISBN : 9780195080025
Genre : History
File Size : 82.89 MB
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In The American Indian in Western Legal Thought Robert Williams, a legal scholar and Native American of the Lumbee tribe, traces the evolution of contemporary legal thought on the rights and status of American Indians and other indiginous tribal peoples. Beginning with an analysis of the medieval Christian crusading era and its substantive contributions to the West's legal discourse of h̀eathens' and ìnfidels', this study explores the development of the ideas that justified the New World conquests of Spain, England and the United States. Williams shows that long-held notions of the legality of European subjugation and colonization of s̀avage' and b̀arbarian' societies supported the conquests in America. Today, he demonstrates, echoes of racist and Eurocentric prejudices still reverberate in the doctrines and principles of legal discourse regarding native peoples' rights in the United States and in other nations as well.--
Category: History

The Oxford Handbook Of American Indian History

Author : Frederick E. Hoxie
ISBN : 9780199858897
Genre : Indians of North America
File Size : 42.49 MB
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"Everything you know about Indians is wrong." As the provocative title of Paul Chaat Smith's 2009 book proclaims, everyone knows about Native Americans, but most of what they know is the fruit of stereotypes and vague images. The real people, real communities, and real events of indigenous America continue to elude most people. The Oxford Handbook of American Indian History confronts this erroneous view by presenting an accurate and comprehensive history of the indigenous peoples who lived-and live-in the territory that became the United States. Thirty-two leading experts, both Native and non-Native, describe the historical developments of the past 500 years in American Indian history, focusing on significant moments of upheaval and change, histories of indigenous occupation, and overviews of Indian community life. The first section of the book charts Indian history from before 1492 to European invasions and settlement, analyzing US expansion and its consequences for Indian survival up to the twenty-first century. A second group of essays consists of regional and tribal histories. The final section illuminates distinctive themes of Indian life, including gender, sexuality and family, spirituality, art, intellectual history, education, public welfare, legal issues, and urban experiences. A much-needed and eye-opening account of American Indians, this Handbook unveils the real history often hidden behind wrong assumptions, offering stimulating ideas and resources for new generations to pursue research on this topic.
Category: Indians of North America

In The Light Of Justice

Author : Walter R. Echo-Hawk
ISBN : 9781938486074
Genre : Social Science
File Size : 23.58 MB
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In 2007 the United Nations approved the United Nations Declaration on the Rights of Indigenous Peoples. United States endorsement in 2010 ushered in a new era of Indian law and policy. This book highlights steps that the United States, as well as other nations, must take to provide a more just society and heal past injustices committed against indigenous peoples.
Category: Social Science

Linking Arms Together

Author : Robert A. Williams
ISBN : 0415925770
Genre : History
File Size : 82.93 MB
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This readable yet sophisticated survey of treaty-making between Native and European Americans before 1800, recovers a deeper understanding of how Indians tried to forge a new society with whites on the multicultural frontiers of North America-an understanding that may enlighten our own task of protecting Native American rights and imagining racial justice.
Category: History

American Indians And The Law

Author : N. Bruce Duthu
ISBN : 0670018570
Genre : History
File Size : 32.8 MB
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A history and political evaluation of the unique constitutional status of Native Americans profiles their sovereign government process and relationship with Congress, describing the complex legal disputes associated with the self-rule of Native tribes as reflected in landmark cases from the past two centuries. 20,000 first printing.
Category: History

American Indian Sovereignty And The U S Supreme Court

Author : David E. Wilkins
ISBN : 9780292774001
Genre : Social Science
File Size : 43.97 MB
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"Like the miner's canary, the Indian marks the shift from fresh air to poison gas in our political atmosphere; and our treatment of Indians, even more than our treatment of other minorities, reflects the rise and fall in our democratic faith," wrote Felix S. Cohen, an early expert in Indian legal affairs. In this book, David Wilkins charts the "fall in our democratic faith" through fifteen landmark cases in which the Supreme Court significantly curtailed Indian rights. He offers compelling evidence that Supreme Court justices selectively used precedents and facts, both historical and contemporary, to arrive at decisions that have undermined tribal sovereignty, legitimated massive tribal land losses, sanctioned the diminishment of Indian religious rights, and curtailed other rights as well. These case studies—and their implications for all minority groups—make important and troubling reading at a time when the Supreme Court is at the vortex of political and moral developments that are redefining the nature of American government, transforming the relationship between the legal and political branches, and altering the very meaning of federalism.
Category: Social Science

Agamben And Colonialism

Author : Marcelo Svirsky
ISBN : 9780748649266
Genre : Philosophy
File Size : 81.80 MB
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This collection of essays evaluates Agamben's work from a postcolonial perspective. Svirsky and Bignall assemble leading figures to explore the rich philosophical linkages and the political concerns shared by Agamben and postcolonial theory.
Category: Philosophy

Deadliest Enemies

Author : Thomas Biolsi
ISBN : 0520923774
Genre : Social Science
File Size : 86.98 MB
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Racial tension between Native American and white people on and near Indian reservations is an ongoing problem in the United States. As far back as 1886, the Supreme Court said that "because of local ill feeling, the people of the United States where [Indian tribes] are found are often their deadliest enemies." This book examines the history of troubled relations on and around Rosebud Reservation in South Dakota over the last three decades and asks why Lakota Indians and whites living there became hostile to one another. Thomas Biolsi's important study traces the origins of racial tension between Native Americans and whites to federal laws themselves, showing how the courts have created opposing political interests along race lines. Drawing on local archival research and ethnographic fieldwork on Rosebud Reservation, Biolsi argues that the court's definitions of legal rights—both constitutional and treaty rights—make solutions to Indian-white problems difficult. Although much of his argument rests on his analysis of legal cases, the central theoretical concern of the book is the discourse rooted in legal texts and how it applies to everyday social practices. This nuanced and powerful study sheds much-needed light on why there are such difficulties between Native Americans and whites in South Dakota and in the rest of the United States.
Category: Social Science