Author: Joseph F. Rarick
Publisher:
ISBN:
Category : Indians of North America
Languages : en
Pages : 544

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Book Description

Author: Judith V. Royster
Publisher:
ISBN:
Category : Environmental law
Languages : en
Pages : 656

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Book Description
To access this book's 2010 Update, click here. In addition, to bring the book up-to-date for 2011-12 before the new edition is released, click here. This casebook explores issues relating to property rights, environmental protection, and natural resources in Indian country. The book covers tribal, cultural and religious relationships with the land, fundamental principles of federal Indian law, land ownership and property rights of tribes, land use and environmental protection, natural resources development, taxation of lands and resources, water rights, usufructuary (hunting, fishing, gathering) rights, and international approaches to indigenous rights in land and natural resources. It is designed to be used in a stand-alone course or as a supplemental reader for courses in environmental law, natural resources law, or Native American studies. The second edition updates the casebook to include Supreme Court cases, such as the 2003 trust cases and the 2005 Sherrill case, as well as other judicial and legislative developments since 2002. The new edition also expands the materials on cultural and religious resources, natural resources damages, and international law; reorganizes the materials on water law; and includes the recent decision recognizing a right of habitat protection in treaties recognizing off-reservation fishing.

Author:
Publisher:
ISBN:
Category : Indian land transfers
Languages : en
Pages : 477

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Book Description

Author: Alaina E. Roberts
Publisher: University of Pennsylvania Press
ISBN: 0812297989
Category : History
Languages : en
Pages : 209

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Book Description
Perhaps no other symbol has more resonance in African American history than that of "40 acres and a mule"—the lost promise of Black reparations for slavery after the Civil War. In I've Been Here All the While, we meet the Black people who actually received this mythic 40 acres, the American settlers who coveted this land, and the Native Americans whose holdings it originated from. In nineteenth-century Indian Territory (modern-day Oklahoma), a story unfolds that ties African American and Native American history tightly together, revealing a western theatre of Civil War and Reconstruction, in which Cherokee, Choctaw, Chickasaw, Creek, and Seminole Indians, their Black slaves, and African Americans and whites from the eastern United States fought military and rhetorical battles to lay claim to land that had been taken from others. Through chapters that chart cycles of dispossession, land seizure, and settlement in Indian Territory, Alaina E. Roberts draws on archival research and family history to upend the traditional story of Reconstruction. She connects debates about Black freedom and Native American citizenship to westward expansion onto Native land. As Black, white, and Native people constructed ideas of race, belonging, and national identity, this part of the West became, for a short time, the last place where Black people could escape Jim Crow, finding land and exercising political rights, until Oklahoma statehood in 1907.

Author: Stuart BANNER
Publisher: Harvard University Press
ISBN: 0674020537
Category : History
Languages : en
Pages : 353

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Book Description
Between the early 17th century and the early 20th, nearly all U.S. land was transferred from American Indians to whites. Banner argues that neither simple coercion nor simple consent reflects the complicated legal history of land transfers--time, place, and the balance of power between Indians and settlers decided the outcome of land struggles.

Author: Felix S. Cohen
Publisher:
ISBN:
Category : Indians of North America
Languages : en
Pages : 662

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Book Description

Author: Jason Edward Black
Publisher: Univ. Press of Mississippi
ISBN: 1626744858
Category : History
Languages : en
Pages : 353

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Book Description
Jason Edward Black examines the ways the US government’s rhetoric and American Indian responses contributed to the policies of Native–US relations throughout the nineteenth century’s removal and allotment eras. Black shows how these discourses together constructed the perception of the US government and of American Indian communities. Such interactions—though certainly not equal—illustrated the hybrid nature of Native–US rhetoric in the nineteenth century. Both governmental, colonizing discourse and indigenous, decolonizing discourse shaped arguments, constructions of identity, and rhetoric in the colonial relationship. American Indians and the Rhetoric of Removal and Allotment demonstrates how American Indians decolonized dominant rhetoric through impeding removal and allotment policies. By turning around the US government’s narrative and inventing their own tactics, American Indian communities helped restyle their own identities as well as the government’s. During the first third of the twentieth century, American Indians lobbied for the successful passage of the Indian Citizenship Act of 1924 and the Indian New Deal of 1934, changing the relationship once again. In the end, Native communities were granted increased rhetorical power through decolonization, though the US government retained an undeniable colonial influence through its territorial management of Natives. The Indian Citizenship Act and the Indian New Deal—as the conclusion of this book indicates—are emblematic of the prevalence of the duality of US citizenship that fused American Indians to the nation yet segregated them on reservations. This duality of inclusion and exclusion grew incrementally and persists now, as a lasting effect of nineteenth-century Native–US rhetorical relations.

Author: Stewart Wakeling
Publisher:
ISBN:
Category : Indian reservation police
Languages : en
Pages : 104

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Book Description

Author: Richard H. Chused
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1592

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Book Description
View or download the free 2016 Online Supplement for this product. To access an additional chapter section on estates, click here. Electronic teaching materials include the additional chapter section. This casebook raises interesting and challenging problems concerning the development of property law. Property concepts are introduced through cutting edge issues, such as intellectual property, rights of publicity, and ownership rights in the human body. Historical dimensions are presented through discussions of laws which formerly excluded certain individuals from most forms of ownership and property control, such as Native Americans, African Americans, and women. The text covers traditional topics: estates in land, landlord and tenant laws, transfers of property, private land use controls, and constitutional limitations on public land use controls. Most chapters are preceded by a concise summary of legal doctrines or common themes covered in the chapter. Explanatory Notes provide extensive explanations of cases and rules; they clarify complicated opinions with background information regarding the circumstances giving rise to the proceedings. Problems and Problem Notes take students beyond the realm of settled rules to generate analysis of the purpose behind the rules. This book also points students to relevant secondary sources for a broader understanding of property law. This book also is available in a three-hole punched, alternative loose-leaf version printed on 8.5 x 11 inch paper with wider margins and with the same pagination as the hardbound book.

Author: Lee Godden
Publisher: Routledge
ISBN: 1136946012
Category : Architecture
Languages : en
Pages : 589

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Book Description
Comparative Perspectives on Communal Lands and Individual Ownership: Sustainable Futures addresses property and land title as central mechanisms governing access to communally-held land and resources. The collection assesses the effectiveness of property law and tenure models developed around concepts of individual ownership, for achieving long-term environmental and economic sustainability for indigenous peoples and local communities. It explores the momentum for change in the international realm, and then develops a comparative focus across Australia, North America, Africa, Peru, New Zealand and the Pacific region, examining the historical and current impacts of individuation of title on the customary law and practice of indigenous peoples and local communities. Themes of property, privatisation and sustainable communities are developed in theoretical analyses and case studies from these jurisdictions. The case studies throw into sharp relief how questions of land law and resources management should not be separated from wider issues about the long-term viability of communities. Comparative analysis allows consideration of how western models of land tenure and land title might better accommodate the exercise of traditional practices of indigenous peoples and local communities, while still promoting autonomy, choice and economic development. This volume will be of interest to scholars and professionals working in the fields of property law, land reform, policy and planning, indigenous law and customary law, environmental sustainability, development and resource management.