Cover image for Native American sovereignty on trial : a handbook with cases, laws, and documents
Title:
Native American sovereignty on trial : a handbook with cases, laws, and documents
Author:
Wildenthal, Bryan H.
Personal Author:
Publication Information:
Santa Barbara, Calif. : ABC-CLIO, [2003]

©2003
Physical Description:
xvi, 359 pages ; 24 cm.
Language:
English
Contents:
Introduction -- Historical background -- Cases -- Impact and legacy -- Documents.
ISBN:
9781576076248
Format :
Book

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KF8205.Z9 W55 2003 Adult Non-Fiction Non-Fiction Area
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Summary

Summary

A survey of Native American tribal law and its place within the framework of the U.S. Constitution from colonial times to today's headlines.

* Carefully edited original texts of various major Supreme Court opinions and historic legal documents including the Cherokee decisions of the 1830s, the U.S.-Navajo Treaty of 1868, and the California Tribal Gaming Compact of 2000

* A chronology of key events in the history and development of American Indian tribal governments and their relationship with U.S. and state governments


Author Notes

Bryan H. Wildenthal is associate professor and director of the Center for Law and Social Justice at Thomas Jefferson School of Law in San Diego, California.


Reviews 2

Booklist Review

Historical background, a summary of cases, documents, a dictionary, a chronology, and an annotated bibliography make up this addition to the On Trial series. -- RBB Copyright 2003 Booklist


Choice Review

Wildenthal (Thomas Jefferson School of Law, San Diego) describes briefly the history of Indians in the US, then analyzes pivotal cases in four areas: Indian treaty rights, tribal criminal jurisdiction, tribal civil jurisdiction, and tribal gambling. He passionately defends tribal sovereignty and criticizes court decisions--historical as well as contemporary--that fail to acknowledge the inherent self-governing powers of tribes. The analysis does not include Alaska Natives and native Hawaiians. Wildenthal's overall judgment is that "the law governing Indian nations and their relationship with the United States continues to evolve in dramatic and unpredictable ways." Part 2 contains reference materials: the edited text of important US Supreme Court and state court cases, treaties, and laws; a glossary of "key people, laws, and concepts"; chronology; table of cases and statutes; annotated bibliography; and index. This volume is less comprehensive than Getches, Wilkinson, and Williams's Cases and Materials on Federal Indian Law (4th ed.,1998) but nonetheless is a useful introduction to the subject. ^BSumming Up: Recommended. General readers and college students at all levels. G. A. McBeath University of Alaska Fairbanks


Table of Contents

Series Forewordp. viii
Preface and Acknowledgmentsp. xi
Part 1
1 Introductionp. 3
Laying the Foundation: Chief Justice Marshall and the Cherokee Casesp. 8
Indian Treaty Rightsp. 10
Tribal Criminal Jurisdictionp. 11
Tribal Civil Jurisdictionp. 12
Tribal Gamblingp. 14
References and Further Readingp. 15
2 Historical Backgroundp. 17
References and Further Readingp. 33
3 Casesp. 35
Laying the Foundation: Chief Justice Marshall and the Cherokee Casesp. 35
Indian Treaty Rightsp. 48
Tribal Criminal Jurisdictionp. 69
Tribal Civil Jurisdictionp. 85
Tribal Gamblingp. 101
References and Further Readingp. 116
4 Impact and Legacyp. 121
References and Further Readingp. 128
Part 2 Documentsp. 133
Laying the Foundation: Chief Justice Marshall and the Cherokee Casesp. 133
Treaty of Hopewell between the United States and the Cherokee Nation (1785)p. 133
Cherokee Nation v. Georgia (1831)p. 136
Worcester v. Georgia (1832)p. 142
Indian Treaty Rightsp. 152
Lone Wolf v. Hitchcock (1903)p. 152
United States v. Sioux Nation (1980)p. 158
Minnesota v. Mille Lacs Band of Chippewa Indians (1999)p. 171
Tribal Criminal Jurisdictionp. 185
Oliphant v. Suquamish Indian Tribe (1978)p. 185
Duro v. Reina (1990)p. 193
Treaty of Fort Sumner between the United States and the Navajo Nation (1868)p. 203
Means v. Chinle District Court (1999)p. 207
Tribal Civil Jurisdictionp. 219
Williams v. Lee (1959)p. 219
Montana v. United States (1981)p. 222
Nevada v. Hicks (2001)p. 226
Tribal Gamblingp. 243
California v. Cabazon Band of Mission Indians (1987)p. 243
Hotel Employees Union v. Davis (1999)p. 251
Gaming Compact between the State of California and California Indian Tribes (2000)p. 259
Key People, Laws, and Conceptsp. 271
Chronologyp. 305
Table of Cases and Statutesp. 317
Annotated Bibliographyp. 325
Indexp. 339
About the Authorp. 359