Indian Law Race Law
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| Author | : James E. Falkowski |
| Publisher | : Praeger |
| Total Pages | : 200 |
| Release | : 1992-06-16 |
| Genre | : History |
| ISBN | : |
This intricate volume reviews the historical development of the discriminatory body of law that applies to the indigenous peoples of the Western Hemisphere, beginning with the papal bull Inter Caetera of 1493 and ending with the recent developments of the United Nations' Working Group on Indigenous Populations. James Falkowski explains how the legal system of the European colonizers, which was later adopted by the European settler population, developed special doctrines that applied only to the indigenous peoples and legalized the erosion of the rights of the vanishing race. Falkowski demonstrates how two systems of law--one applying to civilized peoples, and the other to the backwards races--were devised and justified. The author traces the development of The Sacred Trust of Civilization from its origin in the writings of Spaniard Francisco de Victoria and the Englishman Edmund Burke, through its internationalization in the League of Nations' Native Inhabitants Clause, and the United Nations' Non-Self-Governing Territories provision. He evaluates the exclusion of the indigenous peoples from these protections through the rejection of the Belgian Thesis. Falkowski goes on to review the refinements in the separate body of law that applies to indigenous peoples by the ILO, and recent efforts by the Working Group on Indigenous Populations to remedy this situation. The author also examines the treatment of indigenous peoples by international courts and the United States Supreme Court. He rejects theories justifying overland colonization and proposes the reform of Indian law through the application of international human rights principles. The book contains the complete text of numerous important documents that pertain to the rights of indigenous peoples. Indian Law/Race Law will appeal to historians as well as those interested in Indian law, and the development of international and human rights law.
| Author | : Chandra Mallampalli |
| Publisher | : Cambridge University Press |
| Total Pages | : 287 |
| Release | : 2011-11-21 |
| Genre | : History |
| ISBN | : 1139505076 |
How did British rule in India transform persons from lower social classes? Could Indians from such classes rise in the world by marrying Europeans and embracing their religion and customs? This book explores such questions by examining the intriguing story of an interracial family who lived in southern India in the mid-nineteenth century. The family, which consisted of two untouchable brothers, both of whom married Eurasian women, became wealthy as distillers in the local community. A family dispute resulted in a landmark court case, Abraham v. Abraham. Chandra Mallampalli uses this case to examine the lives of those involved, and shows that far from being products of a 'civilizing mission' who embraced the ways of Englishmen, the Abrahams were ultimately - when faced with the strictures of the colonial legal system - obliged to contend with hierarchy and racial difference.
| Author | : Kim Benita Furumoto |
| Publisher | : |
| Total Pages | : 510 |
| Release | : 2006 |
| Genre | : Indians of North America |
| ISBN | : |
Reading law as literary text, this dissertation employs critical race theory and postcolonial theory to analyze formative doctrines and policies of federal Indian law that emerged between the early nineteenth and early twentieth centuries, from the U.S. Supreme Court's enunciation of the discovery doctrine through the allotment era. The empirical terrain of this project consists of selected legal texts from this period--primarily U.S. Supreme Court decisions, along with congressional statutes, presidential addresses and letters, statements by Commissioners of Indian Affairs, and other legal-archival fragments. This study refers to law's assemblage of racial conjurings, phantasms, and legitimizations as racial "juris-fiction." Dual racial notions of the "savage" and the "civilizable" Indian, this dissertation suggests, coexist in tension in the "conflictual economy" of the historical discourses of federal Indian law, and animate material-political dispossessions and exclusions. This project seeks to explore the law's citing/siting of the Indian as a racial figure between dual forms of object-being, and between thingness and nothingness. These analytical threads underscore the dehumanization of American Indians in U.S. law. The unfolding of these racial conceptions in the law is at once an account of the alterity (and enmity) of the native and an account of the state's subjectivity. This study also addresses some of the colonial elements of federal Indian law, which may be observed, for example, in the U.S. state's racial-paternal modes of ruling over Indian nations. This dissertation further excavates some of the conceptual tensions, concatenations, and conflations that dwell constitutively in federal Indian law. These include annihilative force and (of) law; blurrings and demarcations of the public and the private; the relation of law to land; and the conjunction of race and religion. Tracing federal Indian law's configurations of racial otherness, this project will analyze these various articulations as it explores the symbiotic relationship between juris-fiction and jurisdiction.
| Author | : Robert A. Williams |
| Publisher | : U of Minnesota Press |
| Total Pages | : 309 |
| Release | : 2005-11-10 |
| Genre | : Law |
| ISBN | : 1452907560 |
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.
| Author | : Kimberly Johnston-Dodds |
| Publisher | : California Research Bureau |
| Total Pages | : 60 |
| Release | : 2002 |
| Genre | : Law |
| ISBN | : |
Created by the California Research Bureau at the request of Senator John L. Burton, this Web-site is a PDF document on early California laws and policies related to the Indians of the state and focuses on the years 1850-1861. Visitors are invited to explore such topics as loss of lands and cultures, the governors and the militia, reports on the Mendocino War, absence of legal rights, and vagrancy and punishment.
| Author | : Bethany R. Berger |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2004 |
| Genre | : Cherokee Indians |
| ISBN | : |
“In 1846, the Supreme Court held in United States v. Rogers that a white man who had become a citizen of the Cherokee Nation through marriage was not an Indian for purposes of federal criminal jurisdiction. This article examines the extensive fabrications of law and fact that underlie the decision, and its part in a campaign by the executive branch to increase federal power over Indian people. The campaign involved the Attorney General of the United States arguing before the Supreme Court for the right to prosecute a man that had died ten months earlier. More profoundly, the campaign was founded in distortions of congressional and judicial understandings of U.S.-tribal relations and misrepresentations of both the impact of federal jurisdiction in Indian country and the capacity of tribal governmental systems. The article also offers a new understanding of the role race plays in the decision and in Indian law generally. While Rogers has often been cited as evidence that federal Indian law is based on racial differences between individual Indians and non-Indians, the decision does not support this understanding. Indeed, this understanding of Indian race would have been inconsistent with federal efforts to assimilate Indian individuals into the American mainstream. Instead, the article argues that race is relevant in Rogers' definition of the tribe, not the individual. The decision reduces tribes to groups united by ethnicity rather than governments bound together by the political choices of their members. This alternative was equally detrimental to Indian interests. By defining tribes as collections of individuals united by race, the United States could justify regulating Indians without regard to the barriers that governmental status might pose. At the same time, the belief that individual Indians were not immutably marked by this racial status justified destruction of the tribal group in the name of assimilation.”
| Author | : Sherene Razack |
| Publisher | : Between The Lines |
| Total Pages | : 321 |
| Release | : 2002 |
| Genre | : Canada |
| ISBN | : 1896357598 |
Race, Space, and the Law belongs to a growing field of exploration that spans critical geography, sociology, law, education, and critical race and feminist studies. Writers who share this terrain reject the idea that spaces, and the arrangement of bodies in them, emerge naturally over time. Instead, they look at how spaces are created and the role of law in shaping and supporting them. They expose hierarchies that emerge from, and in turn produce, oppressive spatial categories. The authors' unmapping takes us through drinking establishments, parks, slums, classrooms, urban spaces of prostitution, parliaments, the main streets of cities, mosques, and the U.S.-Canada and U.S.-Mexico borders. Each example demonstrates that "place," as a Manitoba Court of Appeal judge concluded after analyzing a section of the Indian Act, "becomes race."
| Author | : Robert Johnson (Jr.) |
| Publisher | : Black Classic Press |
| Total Pages | : 552 |
| Release | : 1998 |
| Genre | : Law |
| ISBN | : 9781580730198 |
| Author | : Chandra Mallampalli |
| Publisher | : |
| Total Pages | : 288 |
| Release | : 2011 |
| Genre | : Inheritance and succession |
| ISBN | : 9781107229273 |
Through a landmark court case in mid-nineteenth century colonial India, this book investigates hierarchy and racial difference.
| Author | : F. Knowles |
| Publisher | : Springer |
| Total Pages | : 91 |
| Release | : 2014-03-28 |
| Genre | : Political Science |
| ISBN | : 1137433396 |
The book tracks the development of Justice Thurgood Marshall's rationale and reason regarding Indian law. Drawing from Marshall's career preceding his appointment to the Supreme Court, it is anticipated that Marshall's views In Indian law would be consistent with his previous role as a champion of the disenfranchised in America.
