The Marshall Trilogy And Federal Indian Law In 21st Century High School Us History Textbooks Progress Yet Little Has Changed
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| Author | : Michael Wayne Simpson |
| Publisher | : |
| Total Pages | : 226 |
| Release | : 2014 |
| Genre | : |
| ISBN | : |
This dissertation examines eight 21st century high school U.S. history textbooks for content and omission concerning American Indians. The focus of the inquiry is on the Marshall Trilogy cases and other federal Indian law cases. The Marshall Trilogy cases are three cases decided by the U.S. Supreme Court over 180 years ago that remain the foundational legal principles that guide governmental relations with Native peoples. The treatment afforded these cases is evaluated in light of a master national narrative for the United States. The Marshall Trilogy cases and the master national narrative have had and continue to have global consequences. The way federal Indian law is presented in textbooks impacts the way citizens treat American Indian peoples and their support for various foreign policy options. In addition, the content of high school history curriculum can affect the way students perceive history, Native America, and schooling. By examining history curriculum critically and establishing a truly inclusive narrative, the hope is that schooling and history become legitimate for all students. The primary approach is to use both a quantitative and qualitative critical content analysis using an indigenized critical discourse approach. Generally, the analysis will move from the focused text within each textbook, to other text within each textbook, to text across the textbooks, and finally to larger socio-cultural phenomena. The APPRAISAL analysis (Coffin, 2006) allows a discerning of linguistic attributes that allows for the exposition of the narrative of the specific text concerning the Marshall Trilogy. The general content analysis is given a critical lens by Brayboy's Tribal Critical Theory (2005) and Grande's Red Pedagogy (2004). The curriculum work of Apple (2004) and Hall's (1986) exposition of Gramsci's hegemony add to our understanding of the nature of textbooks and the knowledge that counts for society. Fairclough's (1995) Dialectic-Relational Approach guides the study to determining whether there is a social wrong, and if so, what it is. The wrong is then examined to determine what obstacles are in the way of addressing the wrong and whether the society needs the wrong. Finally, various ways of correcting the social wrong are addressed.
| Author | : George D Pappas |
| Publisher | : Routledge |
| Total Pages | : 250 |
| Release | : 2017-07-14 |
| Genre | : History |
| ISBN | : 1317282108 |
The Literary and Legal Genealogy of Native American Dispossession offers a unique interpretation of how literary and public discourses influenced three U.S. Supreme Court Rulings written by Chief Justice John Marshall with respect to Native Americans. These cases, Johnson v. M’Intosh (1823), Cherokee Nation v. Georgia (1831) and Worcester v. Georgia (1832), collectively known as the Marshall Trilogy, have formed the legal basis for the dispossession of indigenous populations throughout the Commonwealth. The Trilogy cases are usually approached as ‘pure’ legal judgments. This book maintains, however, that it was the literary and public discourses from the early sixteenth through to the early nineteenth centuries that established a discursive tradition which, in part, transformed the American Indians from owners to ‘mere occupants’ of their land. Exploring the literary genesis of Marshall’s judgments, George Pappas draws on the work of Michel Foucault, Edward Said and Homi Bhabha, to analyse how these formative U.S. Supreme Court rulings blurred the distinction between literature and law.
| Author | : N. Bruce Duthu |
| Publisher | : Penguin |
| Total Pages | : 310 |
| Release | : 2008-01-31 |
| Genre | : History |
| ISBN | : 1101157917 |
A perfect introduction to a vital subject very few Americans understand-the constitutional status of American Indians Few American s know that Indian tribes have a legal status unique among America's distinct racial and ethnic groups: they are sovereign governments who engage in relations with Congress. This peculiar arrangement has led to frequent legal and political disputes-indeed, the history of American Indians and American law has been one of clashing values and sometimes uneasy compromise. In this clear-sighted account, American Indian scholar N. Bruce Duthu explains the landmark cases in Indian law of the past two centuries. Exploring subjects as diverse as jurisdictional authority, control of environmental resources, and the regulations that allow the operation of gambling casinos, American Indians and the Law gives us an accessible entry point into a vital facet of Indian history.
| 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 | : F. Knowles |
| Publisher | : Springer |
| Total Pages | : 131 |
| 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.
| Author | : Sidney L. Harring |
| Publisher | : Cambridge University Press |
| Total Pages | : 322 |
| Release | : 1994-02-25 |
| Genre | : History |
| ISBN | : 9780521467155 |
The first social history of American Indians' role in the making of American law sheds new light on Native American struggles for sovereignty and justice during the "century of dishonor," a time when their lands were lost and their tribes reduced to reservations.
| Author | : Frank Pommersheim |
| Publisher | : Univ of California Press |
| Total Pages | : 280 |
| Release | : 1997-03-29 |
| Genre | : History |
| ISBN | : 0520208943 |
"Pommersheim's book captures the unique evolution of tribal court jurisprudence and the continuing challenge facing tribal courts to meet the demands of the communities they serve. . . . A must read."—Senator Ben Nighthorse Campbell, Colorado "Braid of Feathers bursts with insights and rich evocations of the contemporary rebirth of American Indian cultures and practices. Written from the inside of tribal worlds, this book simultaneously affords a powerful vision of American pluralism. Useful analysis of timely topics, such as economic development initiatives using gambling enterprises, undergirds this important contribution to American Indian law and American studies."—Martha L. Minow, Professor, Harvard Law School "A fresh approach by a thoroughly practical and experienced attorney/professor who understands the complexity of law as it is applied to living societies. Pommersheim deals easily with complex theories and doctrines because he has the good common sense to know that law must be worked out in Indian communities to promote a sense of order and, if possible, a modicum of justice. This volume will stimulate readers to move beyond abstractions and seek realistic solutions to perennial problems."—Vine Deloria, Jr., University of Colorado at Boulder
| Author | : Jo Carrillo |
| Publisher | : Temple University Press |
| Total Pages | : 368 |
| Release | : 1998 |
| Genre | : History |
| ISBN | : 1566395828 |
This selection of works -- many by Native American scholars -- introduces selected topics in federal Indian law. Readings in American Indian Law covers contemporary issues of identity and tribal recognition; reparations for historic harms; the valuation of land in land claims; the return to tribal owners of human remains, sacred items, and cultural property; tribal governance and issues of gender, democracy informed by cultural awareness, and religious freedom. Courses in federal Indian law are often aimed at understanding rules, not cultural conflicts. This book expands doctrinal discussions into understandings of culture, strategy, history, identity, and hopes for the future. Contributions from law, history, anthropology, ethnohistory, biography, sociology, socio-legal studies, and fiction offer an array of alternative paradigms as strong antidotes to our usual conceptions of federal Indian law. Each selection reveals an aspect of how federal Indian law is made, interpreted, implemented, or experienced. Throughout, the book centers on the ever present and contentious issue of identity. At the point where identity and law intersect lies an important new way to contextualize the legal concerns of Native Americans.
| Author | : George D. Pappas (Lawyer) |
| Publisher | : |
| Total Pages | : 242 |
| Release | : 2016 |
| Genre | : Biography & Autobiography |
| ISBN | : 9781315642130 |
The Literary and Legal Genealogy of Native American Dispossession offers a unique interpretation of how literary and public discourses influenced three U.S. Supreme Court Rulings written by Chief Justice John Marshall with respect to Native Americans. These cases," Johnson v. M Intosh "(1823), "Cherokee Nation v. Georgia "(1831) and "Worcester v. Georgia "(1832), collectively known as the Marshall Trilogy, have formed the legal basis for the dispossession of indigenous populations throughout the Commonwealth. The Trilogy cases are usually approached as pure legal judgments. This book maintains, however, that it was the literary and public discourses from the early sixteenth through to the early nineteenth centuries that established a discursive tradition which, in part, transformed the American Indians from owners to mere occupants of their land. Exploring the literary genesis of Marshall s judgments, George Pappas draws on the work of Michel Foucault, Edward Said and Homi Bhabha, to analyze how these formative U.S. Supreme Court rulings blurred the distinction between literature and law. "
| Author | : David E. Wilkins |
| Publisher | : University of Texas Press |
| Total Pages | : 426 |
| Release | : 2010-01-01 |
| Genre | : Social Science |
| ISBN | : 0292774001 |
"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.
