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Author: Duane Champagne Publisher: ISBN: 9781611630435 Category : Criminal jurisdiction Languages : en Pages : 0
Book Description
The policy of forced assimilation, called "termination," that Congress pressed upon Native Americans in the 1950s brought state criminal jurisdiction to more than half of all Indian reservations for the first time in American history. The law that accomplished most of this shift from a combination of tribal and federal control to state control is widely known as Public Law 280. Tribes did not consent to the new and alien forms of criminal justice, and the federal government provided no funding to state or local governments to ease the new burdens thrust upon them. Present-day concerns about community safety in Indian country raise questions about the appropriate strategy for achieving that end. Is expanded state criminal jurisdiction an appropriate response, or should that option be off the table? Does the experience with Public Law 280 suggest conditions under which state jurisdiction is more or less successful? Captured Justice is the first systematic investigation of the success or failure of the Public Law 280 program substituting state for tribal and federal criminal justice in Indian country. The authors first identify a set of six conditions that are necessary for criminal justice to succeed in Indian country. They then present the results of hundreds of interviews and surveys at sixteen reservations across the United States, tapping reservation residents, tribal officials and staff, and state and federal law enforcement officers and criminal justice personnel, to find out how the state jurisdiction regime is faring and to compare experiences on Public Law 280 reservations with those on non-Public Law 280 reservations. Before-and-after case studies of tribes that were able to remove state jurisdiction from their reservations complete the book. Captured Justice is both an important assessment of an historic federal Indian policy that remains with us today, and a guide to future criminal justice policy for Indian country. "The authors carefully and clearly explain the interaction of a complex overlay of cultures and legal systems. They also clearly explain their methodologies and interview individuals about their experiences in the legal system. This book would be appropriate for anyone interested in American Indian law, or those interested in related topics such as contemporary Native American studies or sociology." -- Book News Inc. (October 2012)
Author: Duane Champagne Publisher: ISBN: 9781611630435 Category : Criminal jurisdiction Languages : en Pages : 0
Book Description
The policy of forced assimilation, called "termination," that Congress pressed upon Native Americans in the 1950s brought state criminal jurisdiction to more than half of all Indian reservations for the first time in American history. The law that accomplished most of this shift from a combination of tribal and federal control to state control is widely known as Public Law 280. Tribes did not consent to the new and alien forms of criminal justice, and the federal government provided no funding to state or local governments to ease the new burdens thrust upon them. Present-day concerns about community safety in Indian country raise questions about the appropriate strategy for achieving that end. Is expanded state criminal jurisdiction an appropriate response, or should that option be off the table? Does the experience with Public Law 280 suggest conditions under which state jurisdiction is more or less successful? Captured Justice is the first systematic investigation of the success or failure of the Public Law 280 program substituting state for tribal and federal criminal justice in Indian country. The authors first identify a set of six conditions that are necessary for criminal justice to succeed in Indian country. They then present the results of hundreds of interviews and surveys at sixteen reservations across the United States, tapping reservation residents, tribal officials and staff, and state and federal law enforcement officers and criminal justice personnel, to find out how the state jurisdiction regime is faring and to compare experiences on Public Law 280 reservations with those on non-Public Law 280 reservations. Before-and-after case studies of tribes that were able to remove state jurisdiction from their reservations complete the book. Captured Justice is both an important assessment of an historic federal Indian policy that remains with us today, and a guide to future criminal justice policy for Indian country. "The authors carefully and clearly explain the interaction of a complex overlay of cultures and legal systems. They also clearly explain their methodologies and interview individuals about their experiences in the legal system. This book would be appropriate for anyone interested in American Indian law, or those interested in related topics such as contemporary Native American studies or sociology." -- Book News Inc. (October 2012)
Author: John Tateishi Publisher: University of Washington Press ISBN: 0295803940 Category : Social Science Languages : en Pages : 308
Book Description
At the outbreak of World War II, more than 115,000 Japanese American civilians living on the West Coast of the United States were rounded up and sent to desolate “relocation” camps, where most spent the duration of the war. In this poignant and bitter yet inspiring oral history, John Tateishi allows thirty Japanese Americans, victims of this trauma, to speak for themselves. And Justice for All captures the personal feelings and experiences of the only group of American citizens ever to be confined in concentration camps in the United States. In this new edition of the book, which was originally published in 1984, an Afterword by the author brings up to date the lives of those he interviewed.
Author: Jennifer Hendry Publisher: Springer ISBN: 1137606452 Category : Social Science Languages : en Pages : 237
Book Description
This highly topical collection of essays addresses contemporary issues facing Indigenous communities from a broad range of multi- and interdisciplinary perspectives. Drawing from across the social sciences and humanities, this important volume challenges the established norms, theories, and methodologies within the field, and argues for the potential of a multidimensional approach to solving problems of Indigenous justice. Stemming from an international conference on ‘Spaces of Indigenous Justice’, Indigenous Justice is richly illustrated with case studies and comprises contributions from scholars working across the fields of law, socio-legal studies, sociology, public policy, politico-legal theory, and Indigenous studies. As such, the editors of this timely and engaging volume draw upon a wide range of experience to argue for a radical shift in how we engage with Indigenous studies.
Author: Andrew Doyle Publisher: Constable ISBN: 0349135290 Category : Political Science Languages : en Pages : 433
Book Description
'A sober but devastating skewering of cancel culture and the moral certainties it shares with religious fundamentalism' Sunday Times Engaging, incisive and acute, The New Puritans is a deeply necessary exploration of our current cultural climate and an urgent appeal to return to a truly liberal society. The puritans of the seventeenth century sought to refashion society in accordance with their own beliefs, but they were deep thinkers who were aware of their own fallibility. Today, in the grasp of the new puritans, we see a very different story. Leading a cultural revolution driven by identity politics and so-called 'social justice', the new puritanism movement is best understood as a religion - one that makes grand claims to moral purity and tolerates no dissent. Its disciples even have their own language, rituals and a determination to root out sinners through what has become known as 'cancel culture'. In The New Puritans, Andrew Doyle powerfully examines the underlying belief-systems of this ideology, and how it has risen so rapidly to dominate all major political, cultural and corporate institutions. He reasons that, to move forward, we need to understand where these new puritans came from and what they hope to achieve. Written in the spirit of optimism and understanding, Doyle offers an eloquent and powerful case for the reinstatement of liberal values and explains why it's important we act now.
Author: Daniel Krcmaric Publisher: Cornell University Press ISBN: 1501750224 Category : Political Science Languages : en Pages : 263
Book Description
Abusive leaders are now held accountable for their crimes in a way that was unimaginable just a few decades ago. What are the consequences of this recent push for international justice? In The Justice Dilemma, Daniel Krcmaric explains why the "golden parachute" of exile is no longer an attractive retirement option for oppressive rulers. He argues that this is both a blessing and a curse: leaders culpable for atrocity crimes fight longer civil wars because they lack good exit options, but the threat of international prosecution deters some leaders from committing atrocities in the first place. The Justice Dilemma therefore diagnoses an inherent tension between conflict resolution and atrocity prevention, two of the signature goals of the international community. Krcmaric also sheds light on several important puzzles in world politics. Why do some rulers choose to fight until they are killed or captured? Why not simply save oneself by going into exile? Why do some civil conflicts last so much longer than others? Why has state-sponsored violence against civilians fallen in recent years? While exploring these questions, Krcmaric marshals statistical evidence on patterns of exile, civil war duration, and mass atrocity onset. He also reconstructs the decision-making processes of embattled leaders—including Muammar Gaddafi of Libya, Charles Taylor of Liberia, and Blaise Compaoré of Burkina Faso—to show how contemporary international justice both deters atrocities and prolongs conflicts.
Author: Stephen C. Neff Publisher: Harvard University Press ISBN: 9780674054363 Category : Law Languages : en Pages : 364
Book Description
Stephen Neff offers the first comprehensive study of the wide range of legal issues arising from the American Civil War, many of which resonate in debates to this day. Neff examines the lawfulness of secession, executive and legislative governmental powers, and laws governing the conduct of war. Whether the United States acted as a sovereign or a belligerent had legal consequences, including treating Confederates as rebellious citizens or foreign nationals in war. Property questions played a key role, especially when it came to the process of emancipation. Executive detentions and trials by military commissions tested civil liberties, and the end of the war produced a raft of issues on the status of the Southern states, the legality of Confederate acts, clemency, and compensation. A compelling aspect of the book is the inclusion of international law, as Neff situates the conflict within the general laws of war and details neutrality issues, where the Civil War broke important new legal ground. This book not only provides an accessible and informative legal portrait of this critical period but also illuminates how legal issues arise in a time of crisis, what impact they have, and how courts attempt to resolve them.
Author: Duane Champagne
Author: Duane Champagne
Author: John Tateishi
Author: United States. Court of Claims
Author: Jennifer Hendry
Author: United States. Court of Claims
Author: Andrew Doyle
Author: 
Author: Daniel Krcmaric
Author: Stephen C. Neff
Author: United States. Court of Claims