Download or read book Navajo Courts and Navajo Common Law written by Raymond Darrel Austin and published by U of Minnesota Press. This book was released on 2009 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Navajo Nation court system is the largest and most established tribal legal system in the world. Since the landmark 1959 U.S. Supreme Court decision in Williams v. Lee that affirmed tribal court authority over reservation-based claims, the Navajo Nation has been at the vanguard of a far-reaching, transformative jurisprudential movement among Indian tribes in North America and indigenous peoples around the world to retrieve and use traditional values to address contemporary legal issues. A justice on the Navajo Nation Supreme Court for sixteen years, Justice Raymond D. Austin has been deeply involved in the movement to develop tribal courts and tribal law as effective means of modern self-government. He has written foundational opinions that have established Navajo common law and, throughout his legal career, has recognized the benefit of tribal customs and traditions as tools of restorative justice. In Navajo Courts and Navajo Common Law, Justice Austin considers the history and implications of how the Navajo Nation courts apply foundational Navajo doctrines to modern legal issues. He explains key Navajo foundational concepts like Hózhó (harmony), K'é (peacefulness and solidarity), and K'éí (kinship) both within the Navajo cultural context and, using the case method of legal analysis, as they are adapted and applied by Navajo judges in virtually every important area of legal life in the tribe. In addition to detailed case studies, Justice Austin provides a broad view of tribal law, documenting the development of tribal courts as important institutions of indigenous self-governance and outlining how other indigenous peoples, both in North America and elsewhere around the world, can draw on traditional precepts to achieve self-determination and self-government, solve community problems, and control their own futures.
Download or read book Navajo Nation Peacemaking written by Marianne O. Nielsen and published by University of Arizona Press. This book was released on 2005-09-01 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Navajo peacemaking is one of the most renowned restorative justice programs in the world. Neither mediation nor alternative dispute resolution, it has been called a “horizontal system of justice” because all participants are treated as equals with the purpose of preserving ongoing relationships and restoring harmony among involved parties. In peacemaking there is no coercion, and there are no “sides.” No one is labeled the offender or the victim, the plaintiff or the defendant. This is a book about peacemaking as it exists in the Navajo Nation today, describing its origins, history, context, and contributions with an eye toward sharing knowledge between Navajo and European-based criminal justice systems. It provides practitioners with information about important aspects of peacemaking—such as structure, procedures, and outcomes—that will be useful for them as they work with the Navajo courts and the peacemakers. It also offers outsiders the first one-volume overview of this traditional form of justice. The collection comprises insights of individuals who have served within the Navajo Judicial Branch, voices that authoritatively reflect peacemaking from an insider’s point of view. It also features an article by Justice Sandra Day O’Connor and includes contributions from other scholars who, with the cooperation of the Navajo Nation, have worked to bring a comparative perspective to peacemaking research. In addition, some chapters describe the personal journey through which peacemaking takes the parties in a dispute, demonstrating that its purpose is not to fulfill some abstract notion of Justice but to restore harmony so that the participants are returned to good relations. Navajo Nation Peacemaking seeks to promote both peacemaking and Navajo common law development. By establishing the foundations of the Navajo way of natural justice and offering a vision for its future, it shows that there are many lessons offered by Navajo peacemaking for those who want to approach old problems in sensible new ways.
Download or read book The Navajo Political Experience written by David E. Wilkins and published by Rowman & Littlefield. This book was released on 2013-10-25 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: Native nations, like the Navajo nation, have proven to be remarkably adept at retaining and exercising ever-increasing amounts of self-determination even when faced with powerful external constraints and limited resources. Now in this fourth edition of David E. Wilkins' The Navajo Political Experience, political developments of the last decade are discussed and analyzed comprehensively, and with as much accessibility as thoroughness and detail.
Download or read book Navajo Sovereignty written by Lloyd L. Lee and published by University of Arizona Press. This book was released on 2017-04-11 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: A companion to Diné Perspectives: Revitalizing and Reclaiming Navajo Thought, each chapter of Navajo Sovereignty offers the contributors' individual perspectives. This book discusses Western law's view of Diné sovereignty, research, activism, creativity, and community, and Navajo sovereignty in traditional education. Above all, Lloyd L. Lee and the contributing scholars and community members call for the rethinking of Navajo sovereignty in a way more rooted in Navajo beliefs, culture, and values.
Download or read book Reading American Indian Law written by Grant Christensen and published by Cambridge University Press. This book was released on 2019-12-12 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: Approaches the study of Indian law through the lens of 16 of the most impactful law review articles.
Download or read book Guided by the Mountains written by Michael Lerma and published by Oxford University Press. This book was released on 2017-01-16 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: What do traditional Indigenous institutions of governance offer to our understanding of the contemporary challenges faced by the Navajo Nation today and tomorrow? Guided by the Mountains looks at the tensions between Indigenous political philosophy and the challenges faced by Indigenous nations in building political institutions that address contemporary problems and enact "good governance." Specifically, it looks at Navajo, or Diné, political thought, focusing on traditional Diné institutions that offer "a new (old) understanding of contemporary governance challenges" facing the Navajo Nation. Arguing not only for the existence but also the persistence of traditional Navajo political thought and policy, Guided by the Mountains asserts that "traditional" Indigenous philosophy provides a model for creating effective governance institutions that address current issues faced by Indigenous nations. Incorporating both visual interpretations and narrative accounts of traditional and contemporary Diné institutions of government from Diné philosophers, the book is the first to represent Indigenous philosophy as the foundation behind traditional and contemporary governance. It also explains how Diné governance institutions operated during Pre-Contact and Post-Contact times. This path-breaking book stands as the first-time normative account of Diné philosophy.
Download or read book Handbook of Federal Indian Law written by Felix S. Cohen and published by . This book was released on 1942 with total page 700 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Wastelanding written by Traci Brynne Voyles and published by U of Minnesota Press. This book was released on 2015-05-15 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: Wastelanding tells the history of the uranium industry on Navajo land in the U.S. Southwest, asking why certain landscapes and the peoples who inhabit them come to be targeted for disproportionate exposure to environmental harm. Uranium mines and mills on the Navajo Nation land have long supplied U.S. nuclear weapons and energy programs. By 1942, mines on the reservation were the main source of uranium for the top-secret Manhattan Project. Today, the Navajo Nation is home to more than a thousand abandoned uranium sites. Radiation-related diseases are endemic, claiming the health and lives of former miners and nonminers alike. Traci Brynne Voyles argues that the presence of uranium mining on Diné (Navajo) land constitutes a clear case of environmental racism. Looking at discursive constructions of landscapes, she explores how environmental racism develops over time. For Voyles, the “wasteland,” where toxic materials are excavated, exploited, and dumped, is both a racial and a spatial signifier that renders an environment and the bodies that inhabit it pollutable. Because environmental inequality is inherent in the way industrialism operates, the wasteland is the “other” through which modern industrialism is established. In examining the history of wastelanding in Navajo country, Voyles provides “an environmental justice history” of uranium mining, revealing how just as “civilization” has been defined on and through “savagery,” environmental privilege is produced by portraying other landscapes as marginal, worthless, and pollutable.
Download or read book Introduction to Tribal Legal Studies written by Justin Blake Richland and published by Rowman & Littlefield. This book was released on 2010 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the only available comprehensive introduction to tribal law. It is an indispensable resource for students, tribal leaders, and professionals interested in the complicated relationship between tribal, federal, and state law.
Download or read book In the Courts of the Conquerer written by Walter Echo-Hawk and published by Fulcrum Publishing. This book was released on 2018-03-26 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in paperback, an important account of ten Supreme Court cases that changed the fate of Native Americans, providing the contemporary historical/political context of each case, and explaining how the decisions have adversely affected the cultural survival of Native people to this day.
Download or read book Making Indian Law written by Christian W. McMillen and published by Yale University Press. This book was released on 2007-01-01 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1941, a groundbreaking U.S. Supreme Court decision changed the field of Indian law, setting off an intellectual and legal revolution that continues to reverberate around the world. This book tells for the first time the story of that case, United States, as Guardian of the Hualapai Indians of Arizona, v. Santa Fe Pacific Railroad Co., which ushered in a new way of writing Indian history to serve the law of land claims. Since 1941, the Hualapai case has travelled the globe. Wherever and whenever indigenous land claims are litigated, the shadow of the Hualapai case falls over the proceedings. Threatened by railroad claims and by an unsympathetic government in the post - World War I years, Hualapai activists launched a campaign to save their reservation, a campaign which had at its centre documenting the history of Hualapai land use. The book recounts how key individuals brought the case to the Supreme Court against great odds and highlights the central role of the Indians in formulating new understandings of native people, their property, and their past.
Download or read book American Indians American Justice written by Deloria Vine and published by Univ of TX + ORM. This book was released on 2010-06-28 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive overview of federal Indian law explores the context and complexities of modern Native American politics and legal rights. Both accessible and authoritative, American Indians, American Justice is an essential sourcebook for all concerned with the plight of the contemporary Indian. Beginning with an examination of the historical relationship of Indians and the courts, the authors describe how tribal courts developed and operate today, and how they relate to federal and state governments. They also define such key legal concepts as tribal sovereignty and Indian Country. By comparing and contrasting the workings of Indian and non-Indian legal institutions, the authors illustrate how Indian tribes have adapted their customs, values, and institutions to the demands of the modern world. They examine how attorneys and Indian advocates defend Indian rights; identify the typical challenges Indians face in the criminal and civil legal arenas; and explore the public policy and legal rights of Indians as regards citizenship, voting rights, religious freedom, and basic governmental services.
Download or read book Uneven Ground written by David Eugene Wilkins and published by University of Oklahoma Press. This book was released on 2001 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the early 1970s, the federal government began recognizing self-determination for American Indian nations. As sovereign entities, Indian nations have been able to establish policies concerning health care, education, religious freedom, law enforcement, gaming, and taxation. David E. Wilkins and K. Tsianina Lomawaima discuss how the political rights and sovereign status of Indian nations have variously been respected, ignored, terminated, and unilaterally modified by federal lawmakers as a result of the ambivalent political and legal status of tribes under western law.
Download or read book Like a Loaded Weapon written by Robert A. Williams and published by U of Minnesota Press. This book was released on 2005-11-10 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Robert A. Williams Jr. boldly exposes the ongoing legal force of the racist language directed at Indians in American society. Fueled by well-known negative racial stereotypes of Indian savagery and cultural inferiority, this language, Williams contends, has functioned “like a loaded weapon” in the Supreme Court’s Indian law decisions. Beginning with Chief Justice John Marshall’s foundational opinions in the early nineteenth century and continuing today in the judgments of the Rehnquist Court, Williams shows how undeniably racist language and precedent are still used in Indian law to justify the denial of important rights of property, self-government, and cultural survival to Indians. Building on the insights of Malcolm X, Thurgood Marshall, and Frantz Fanon, Williams argues that racist language has been employed by the courts to legalize a uniquely American form of racial dictatorship over Indian tribes by the U.S. government. Williams concludes with a revolutionary proposal for reimagining the rights of American Indians in international law, as well as strategies for compelling the current Supreme Court to confront the racist origins of Indian law and for challenging bigoted ways of talking, thinking, and writing about American Indians. Robert A. Williams Jr. is professor of law and American Indian studies at the James E. Rogers College of Law, University of Arizona. A member of the Lumbee Indian Tribe, he is author of The American Indian in Western Legal Thought: The Discourses of Conquest and coauthor of Federal Indian Law.
Download or read book Into the Canyon written by Lucy Moore and published by . This book was released on 2004 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A delight to read; an invaluable historical and cultural narrative."--Leslie Marmon Silko
Download or read book Tribal Business Structure Handbook written by Karen J. Atkinson and published by . This book was released on 2009 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive resource on the formation of tribal business entities. Hailed in Indian Country Today as offering "one-stop knowledge on business structuring," the Handbook reviews each type of tribal business entity from the perspective of sovereign immunity and legal liability, corporate formation and governance, federal tax consequences and eligibility for special financing. Covers governmental entities and common forms of business structures.
Download or read book American Indian Tribal Law written by Matthew L.M. Fletcher and published by Aspen Publishing. This book was released on 2020-02-02 with total page 1188 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nearly every American Indian tribe has its own laws and courts. Taken together, these courts decide thousands of cases. Many span the full panoply of law—from criminal, civil, and probate cases, to divorce and environmental disputes.American Indian Tribal Law, now in its Second Edition, surveys the full spectrum of tribal justice systems. With cases, notes, and historical context, this text is ideal for courses on American Indian Law or Tribal Governments—and an essential orientation to legal practice within tribal jurisdictions. New to the Second Edition: A new chapter on professional responsibility and the regulation of lawyers in tribal jurisdictions Enhanced materials on Indian child welfare Additional materials on tribal laws that incorporate Indigenous language and culture Additional examples from tribal justice systems and practice Recent and noteworthy cases from tribal courts Professors and students will benefit from: A broad survey of dispute resolution systems within tribal jurisdictions A review of recent flashpoints in tribal law, such as internal tribal political matters, including intractable citizenship and election disputes enhanced criminal jurisdiction over nonmembers and non-Indians tribal constitutional reform, including a case study on the White Earth Nation Cases and material reflecting a wide range of American Indian tribes and legal issues Excerpts and commentary from a wellspring of current scholarship
