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Reading American Indian Law

Reading American Indian Law
Foundational Principles

c.$41.99 ( )

Philip P. Frickey, Robert A. Williams, Jr, Bethany R. Berger, Angela R. Riley, Robert Yazzie, Nell Jessup Newton, David H. Getches, Sarah Krakoff, Joseph William Singer, Judith V. Royster, Kristen A. Carpenter, Sonia K. Katyal, Judith Resnik, Robert N. Clinton, Kevin K. Washburn, Matthew L. M. Fletcher
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  • Publication planned for: January 2020
  • availability: Not yet published - available from January 2020
  • format: Paperback
  • isbn: 9781108726481

c.$ 41.99 ( )
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About the Authors
  • The study of American Indian law and policy usually focuses on federal statutes and court decisions, with these sources forming the basis for most textbooks. Virtually ignored is the robust and growing body of scholarly literature analyzing and contextualizing these primary sources. Reading American Indian Law is designed to fill that void. Organized into four parts, this book presents 16 of the most impactful law review articles written during the last three decades. Collectively, these articles explore the core concepts underlying the field: the range of voices including those of tribal governments and tribal courts, the role property has played in federal Indian law, and the misunderstandings between both people and sovereigns that have shaped changes in the law. Structured with flexibility in mind, this book may be used in a wide variety of classroom settings including law schools, tribal colleges, and both graduate and undergraduate programs.

    • Examines American Indian law through edited versions of sixteen of the most impactful law review articles
    • Distills complex articles to their central premise in an accessible format
    • Appendices contain a glossary of terms, summaries of US Supreme Court cases, and a list of additional readings
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    Product details

    • Publication planned for: January 2020
    • format: Paperback
    • isbn: 9781108726481
    • dimensions: 228 x 152 mm
    • availability: Not yet published - available from January 2020
  • Table of Contents

    Editor and contributor biographies
    Preface
    Acknowledgements
    Introduction
    Part I. Core Concepts:
    1. Marshalling past and present: colonization, constitutionalism, and interpretation in federal Indian law, 107 Harvard Law Review 381 (1993) Philip P. Frickey
    2. The algebra of federal Indian law: the hard trail of decolonizing and Americanizing the white man's jurisprudence, 1986 Wisconsin Law Review 219 (1986) Robert A. Williams, Jr
    3. Red: racism and the American Indian, 56 UCLA Law Review 591 (2009) Bethany R. Berger
    4. (Tribal) sovereignty and illiberalism, 95 California Law Review 799 (2007) Angela R. Riley
    Part II. Voices:
    5. 'Life comes from it': Navajo justice concepts, 24 New Mexico Law Review 175 (1994) Robert Yazzie
    6. Tribal court praxis: one year in the life of twenty Indian tribal courts, 22 American Indian Law Review 285 (1998) Nell Jessup Newton
    7. Beyond Indian law: the Rehnquist Court's pursuit of states' rights, color-blind justice and mainstream values, 86 Minnesota Law Review 267 (2001) David H. Getches
    8. A narrative of sovereignty: illuminating the paradox of the domestic dependent nation, 83 Oregon Law Review 1109 (2005) Sarah Krakoff
    Part III. Property:
    9. Sovereignty and property, 86 Northwestern University Law Review 1 (1991) Joseph William Singer
    10. The legacy of allotment, 27 Arizona State Law Journal 1 (1995) Judith V. Royster
    11. A common law for our age of colonialism: the judicial divestiture of Indian tribal authority over nonmembers, 109 Yale Law Journal 1 (1999) Philip P. Frickey
    12. In defense of property, 118 Yale Law Journal 1022 (2009) Kristen A. Carpenter, Sonia K. Katyal and Angela R. Riley
    Part IV. (Mis)Understandings:
    13. Dependent sovereigns: Indian tribes, states, and the federal courts, 56 University of Chicago Law Review 671 (1989) Judith Resnik
    14. There is no federal Supremacy Clause for Indian Tribes, 34 Arizona State Law Journal 113 (2002) Robert N. Clinton
    15. American Indians, crime, and the law, 104 Michigan Law Review 709 (2006) Kevin K. Washburn
    16. Factbound and splitless: the Certiorari process as barrier to justice for Indian tribes, 51 Arizona Law Review 933 (2009) Matthew L. M. Fletcher.

  • Editors

    Grant Christensen, University of North Dakota
    Grant Christensen is an Associate Professor of Law at the University of North Dakota, an Affiliated Professor of American Indian Studies, and an Associate Justice on the Supreme Court of the Standing Rock Sioux Tribe. He is the author of American Indians: Historical and Contemporary Perspectives (2017).

    Melissa L. Tatum, University of Arizona
    Melissa L. Tatum is Research Professor of Law at the University of Arizona. She has served on the Southwest Intertribal Court of Appeals and has edited multiple volumes of tribal court opinions including for the Navajo Nation and the Muscogee (Creek) Nation. She is the author of Indigenous Justice: New Tools, Approaches, and Spaces (2018), Law, Culture & Environment (2014), and Structuring Sovereignty: Constitutions and Native Nations (2014).

    Contributors

    Philip P. Frickey, Robert A. Williams, Jr, Bethany R. Berger, Angela R. Riley, Robert Yazzie, Nell Jessup Newton, David H. Getches, Sarah Krakoff, Joseph William Singer, Judith V. Royster, Kristen A. Carpenter, Sonia K. Katyal, Judith Resnik, Robert N. Clinton, Kevin K. Washburn, Matthew L. M. Fletcher

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