Book
Federal anti-Indian law : the legal entrapment of Indigenous peoples
Record details
- ISBN: 9781440879210 (hardcover)
-
Physical Description:
print
xxiv, 253 pages : illustrations ; 24 cm - Edition: First edition.
- Publisher: Santa Barbara, California : Praeger, an Imprint of ABC-CLIO, LLC, [2022]
- Copyright: ©2022
Content descriptions
| Bibliography, etc. Note: | Includes bibliographical references and index. |
| Formatted Contents Note: | Learning in Navajoland -- "Indians" -- Federal anti-Indian Law -- The domination matrix -- Revoking Christian discovery doctrine -- Federal anti-Indian law in the classroom -- Call to consciousness. |
Search for related items by subject
| Topic Heading: | Indigenous. First Nations. |
Available copies
- 1 of 1 copy available at University College of the North Libraries.
Holds
- 0 current holds with 1 total copy.
| Location | Call Number / Copy Notes | Barcode | Shelving Location | Holdable? | Status | Due Date |
|---|---|---|---|---|---|---|
| The Pas Campus Library | KF 8205 .D47 2022 (Text) | 58500001157643 | Stacks | Volume hold | Available | - |
- Book News : Book News Reviews
This study examines doctrines of federal Indian law that underpin the dispossession and domination of indigenous peoples in the US, viewing it as anti-Indian law instead. The author argues that federal anti-Indian law is an exception from the rule of law, has facilitated the genocide and attempted genocide of Native peoples, and remains the basis for ongoing US invasions of Native lands and the domination of Native peoples, and that the doctrine of tribal sovereignty is actually non-sovereignty. He contends that anti-Indian law is an assertion by the US government of unlimited authority over Native peoples and lands, and he discusses the philosophy behind the law, litigation that aims to change it, and how it is taught in the classroom, as well as a way forward that rethinks the role of law in the global order and imagines an order arising from people and places rather than the state. Annotation ©2022 Ringgold, Inc., Portland, OR (protoview.com) - Choice Reviews : Choice Reviews 2023 March
D'Errico (emer., law, Univ. of Massachusetts, Amherst) calls on the legal community and tribes to challenge the foundational mistakes in Indian law and begin the process of freeing American Indians from what is really anti-Indian law, supporting the domination of American Indians. The root of the anti-Indian law is in the bias created by Johnson v. M'Intosh (1823), which used the Christian Doctrine of Discovery to arrogate tribal sovereignty to the United States. Subsequently, US courts translated this doctrine into plenary power. D'Errico contends that Indian law as it is practiced is beyond the rule of law entirely. After a thorough examination of the three foundational Marshall decisions, d'Errico draws on international law, legal scholarship, and history to support his thesis: that all Indian law is anti-Indian. He insists that the Doctrine of Discovery must cease to be the foundation for what the US does to Indians, and he offers close readings of the cases that began to chip away at the Doctrine: Tee-Hit-Ton Indians v. United States (1955), Red Lake v. United States (1994), Nevada v. Hicks (2001), and so forth. This work is a tour de force: provocative and overflowing with insights, examples, and thoughtful interpretations. Summing Up: Highly recommended. Advanced undergraduates through faculty and practitioners.
--G. Gagnon, emeritus, Loyola University of New Orleans College of Law
Gregory Omer Gagnon
emeritus, Loyola University of New Orleans College of Law
Gregory Omer Gagnon Choice Reviews 60:07 March 2023 Copyright 2023 American Library Association.
