The history and politics of American Indians’ unique constitutional status from a renowned scholar
Few Americans know that Indian tribes have a legal status unique among America’s distinct racial and ethnic groups: They are also sovereign governments that engage in governmental relations with Congress. The self-rule of Native tribes long predates the founding of the United States, and that peculiar status has led to legal and political disputes—with vast sums of money hanging in the balance. From cigarette taxes to control of environmental resources to gambling law, 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 and demonstrates their common thread throughout history, giving us an accessible entry point into a vital facet of Indian history. American Indians and the Law provides an overview of the major events, the differing principles, and the evolving perspectives that have governed relations among the tribes, the federal government, and the states since the founding of this country.
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N. Bruce Duthu, JD, is an internationally recognized scholar on Native American issues, including tribal sovereignty and federal recognition of Indian tribes. He is a professor of law at the Vermont Law School and a United Houma Indian Nation tribal member.From Publishers Weekly:
Hundreds of Native American tribes are classified as sovereign governments, a murky legal status that this study (part of the Penguin Library of American Indian History) struggles to clarify. Duthu, a law professor and member of the Houma tribe, reviews statute and case law on tribal sovereignty, especially recent Supreme Court decisions that are at odds with Congress's modern friendliness toward tribal self-determination. His dense, dry survey explores such topics as tribal jurisdiction over non-Indians living on reservations, tribal natural resources and environmental policy, adoption law for Indian children and the perennial wrangling between tribal and state governments over taxes, regulation and gambling. Roiling these issues are two conflicts: the clash between tribal sovereignty and congressional power to legislate on Indian affairs, and the tension between tribal group rights and individual rights. Duthu's sympathies are clear: he dismisses critics of special tribal rights as ignorant and castigates infringements of tribal sovereignty as motivated by neocolonialist views of Indians as a dying race; but his focus on legal precedent and convention regarding tribal sovereignty rather than its concrete benefits fails to make a compelling case for the necessity of such sovereignty.
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Descripción Viking Adult, 2008. Hardcover. Estado de conservación: New. Nº de ref. de la librería DADAX0670018570
Descripción Viking Adult, 2008. Hardcover. Estado de conservación: New. book. Nº de ref. de la librería M0670018570
Descripción Viking Adult, 2008. Hardcover. Estado de conservación: New. Never used!. Nº de ref. de la librería P110670018570
Descripción Viking Adult. Hardcover. Estado de conservación: New. 0670018570 New Condition. Nº de ref. de la librería NEW7.0244040