American Indians and the Law

by N. Bruce Duthu, Colin G. Calloway (Editor)

A perfect introduction to a vital subject very few Americans understand-the constitutional status of American Indians

Few American s know that Indian tribes have a legal status unique among America's distinct racial and ethnic they are sovereign governments who engage in relations with Congress. This peculiar arrangement has led to frequent legal and political disputes-indeed, 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. Exploring subjects as diverse as jurisdictional authority, control of environmental resources, and the regulations that allow the operation of gambling casinos, American Indians and the Law gives us an accessible entry point into a vital facet of Indian history.

Genres: Law, History, Nonfiction, Native American, American History

270 pages, Paperback

First published January 31, 2008

Reviews

[Christina]

Absolutely phenomenal. This should be required reading for all students. Which students? All of them!!! But really, those in high school, college, and/or law school. My resolve to homeschool my hypothetical children has never been stronger.

(Edit: I forgot to mention I only read this book because of Lousie Erdrich's The Round House!!! No educational institution ever provided this knowledge!!!)

[LauraLee]

This book is excellent both in law and history. If you have an interest in the rights of American Indians and the tribes in general you will really enjoy this book.

[James]

I learned that tribal legal status began as sovereign [self-government] that differed from that of other cultural groups predating the establishment of the US. In Johnson v McIntosh (1823), the Supreme Court applied the 'discovery doctrine' meaning that American Indians became guests in their ancestral lands. Later in that century, Congress subsumed American Indian sovereignty into the scope of national power. Johnson v McIntosh is the most important Indian rights opinion ever issued by any court of law in the United States (73)." Although American Indians became citizens (1924), they remained subject to the authority of Congress. The persistence of racism appears in many Indian cases and policies.

[J.]

Excellent book. Difficult read as its long and detailed but I loved it. Covers history and law from past to present - makes an excellent reference document with everything in one place.

Everything you always wanted to know about Tribal Law but didn't know where to look.

[Cassy]

Who recommended this book to me: Interest in reading entire series curated by Calloway, first discovered at Smithsonian

[Alan]

The most boring offer from Modern Scholar. I was interested in the subject and I know of some interesting cases, but this isn't the entry point I would recommend.