Download or read book Defend the Sacred written by Michael D. McNally and published by Princeton University Press. This book was released on 2020-04-14 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In 2016, thousands of people travelled to North Dakota to camp out near the Standing Rock Sioux Reservation to protest the construction of an oil pipeline that is projected to cross underneath the Missouri River a half mile upstream from the Reservation. The Standing Rock Sioux consider the pipeline a threat to the region's clean water and to the Sioux's sacred sites (such as its ancient burial grounds). The encamped protests garnered front-page headlines and international attention, and the resolve of the protesters was made clear in a red banner that flew above the camp: "Defend the Sacred". What does it mean when Native communities and their allies make such claims? What is the history of such claim-making, and why has this rhetorical and legal strategy - based on appeals to religious freedom - failed to gain much traction in American courts? As Michael McNally recounts in this book, Native Americans have repeatedly been inspired to assert claims to sacred places, practices, objects, knowledge, and ancestral remains by appealing to the discourse of religious freedom. But such claims based on alleged violations of the First Amendment "free exercise of religion" clause of the US Constitution have met with little success in US courts, largely because Native American communal traditions have been difficult to capture by the modern Western category of "religion." In light of this poor track record Native communities have gone beyond religious freedom-based legal strategies in articulating their sacred claims: in (e.g.) the technocratic language of "cultural resource" under American environmental and historic preservation law; in terms of the limited sovereignty accorded to Native tribes under federal Indian law; and (increasingly) in the political language of "indigenous rights" according to international human rights law (especially in light of the 2007 U.N. Declaration of the Rights of Indigenous Peoples). And yet the language of religious freedom, which resonates powerfully in the US, continues to be deployed, propelling some remarkably useful legislative and administrative accommodations such as the 1990 Native American Graves Protection and Reparation Act. As McNally's book shows, native communities draw on the continued rhetorical power of religious freedom language to attain legislative and regulatory victories beyond the First Amendment"--

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 God is Red written by Vine Deloria and published by Fulcrum Publishing. This book was released on 2003 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: The seminal work on Native religious views, asking questions about our species and our ultimate fate.

Download or read book Places that Count written by Thomas F. King and published by Rowman Altamira. This book was released on 2003 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: Places That Count offers professionals within the field of cultural resource management (CRM) valuable practical advice on dealing with traditional cultural properties (TCPs). Responsible for coining the term to describe places of community-based cultural importance, Thomas King now revisits this subject to instruct readers in TCP site identification, documentation, and management. With more than 30 years of experience at working with communities on such sites, he identifies common issues of contention and methods of resolving them through consultation and other means. Through the extensive use of examples, from urban ghettos to Polynesian ponds to Mount Shasta, TCPs are shown not to be limited simply to American Indian burial and religious sites, but include a wide array of valued locations and landscapes-the United States and worldwide. This is a must-read for anyone involved in historical preservation, cultural resource management, or community development.

Download or read book Climate Change and Indigenous Peoples in the United States written by Julie Koppel Maldonado and published by Springer. This book was released on 2014-04-05 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: With a long history and deep connection to the Earth’s resources, indigenous peoples have an intimate understanding and ability to observe the impacts linked to climate change. Traditional ecological knowledge and tribal experience play a key role in developing future scientific solutions for adaptation to the impacts. The book explores climate-related issues for indigenous communities in the United States, including loss of traditional knowledge, forests and ecosystems, food security and traditional foods, as well as water, Arctic sea ice loss, permafrost thaw and relocation. The book also highlights how tribal communities and programs are responding to the changing environments. Fifty authors from tribal communities, academia, government agencies and NGOs contributed to the book. Previously published in Climatic Change, Volume 120, Issue 3, 2013.

Download or read book Traditional National and International Law and Indigenous Communities written by Marianne O. Nielsen and published by University of Arizona Press. This book was released on 2020-05-05 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume of the Indigenous Justice series explores the global effects of marginalizing Indigenous law. The essays in this book argue that European-based law has been used to force Indigenous peoples to assimilate, has politically disenfranchised Indigenous communities, and has destroyed traditional Indigenous social institutions. European-based law not only has been used as a tool to infringe upon Indigenous human rights, it also has been used throughout global history to justify environmental injustices, treaty breaking, and massacres. The research in this volume focuses on the resurgence of traditional law, tribal–state relations in the United States, laws that have impacted Native American women, laws that have failed to protect Indigenous sacred sites, the effect of international conventions on domestic laws, and the role of community justice organizations in operationalizing international law. While all of these issues are rooted in colonization, Indigenous peoples are using their own solutions to demonstrate the resilience, persistence, and innovation of their communities. With chapters focusing on the use and misuse of law as it pertains to Indigenous peoples in North America, Latin America, Canada, Australia, and New Zealand, this book offers a wide scope of global injustice. Despite proof of oppressive legal practices concerning Indigenous peoples worldwide, this book also provides hope for amelioration of colonial consequences.

Download or read book For This Land written by Vine Deloria, Jr. and published by Routledge. This book was released on 2013-10-31 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: First Published in 1999. Routledge is an imprint of Taylor & Francis, an informa company.

Download or read book Indigenous Sacred Natural Sites and Spiritual Governance written by John Studley and published by Routledge. This book was released on 2018-10-26 with total page 141 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since time immemorial indigenous people have engaged in legal relationships with other-than-human-persons. These relationships are exemplified in enspirited sacred natural sites, which are owned and governed by numina spirits that can potentially place legal demands on humankind in return for protection and blessing. Although conservationists recognise the biodiverse significance of most sacred natural sites, the role of spiritual agency by other-than-human-persons is not well understood. Consequently, sacred natural sites typically lack legal status and IUCN-designated protection. More recent ecocentric and posthuman worldviews and polycentric legal frameworks have allowed courts and legislatures to grant 'rights' to nature and 'juristic personhood' and standing to biophysical entities. This book examines the indigenous literature and recent legal cases as a pretext for granting juristic personhood to enspirited sacred natural sites. The author draws on two decades of his research among Tibetans in Kham (southwest China), to provide a detailed case study. It is argued that juristic personhood is contingent upon the presence and agency of a resident numina and that recognition should be given to their role in spiritual governance over their jurisdiction. The book concludes by recommending that advocacy organisations help indigenous people with test cases to secure standing for threatened sacred natural sites (SNS) and calls upon IUCN, UNESCO (MAB and WHS), ASEAN Heritage and EuroNatura to retrospectively re-designate their properties, reserves, parks and initiatives so that SNS and spiritual governance are fully recognised and embraced. It will be of great interest to advanced students and researchers in environmental law, nature conservation, religion and anthropology.

Download or read book The Impossibility of Religious Freedom written by Winnifred Fallers Sullivan and published by Princeton University Press. This book was released on 2018-04-24 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Constitution may guarantee it. But religious freedom in America is, in fact, impossible. So argues this timely and iconoclastic work by law and religion scholar Winnifred Sullivan. Sullivan uses as the backdrop for the book the trial of Warner vs. Boca Raton, a recent case concerning the laws that protect the free exercise of religion in America. The trial, for which the author served as an expert witness, concerned regulations banning certain memorials from a multiconfessional nondenominational cemetery in Boca Raton, Florida. The book portrays the unsuccessful struggle of Catholic, Protestant, and Jewish families in Boca Raton to preserve the practice of placing such religious artifacts as crosses and stars of David on the graves of the city-owned burial ground. Sullivan demonstrates how, during the course of the proceeding, citizens from all walks of life and religious backgrounds were harassed to define just what their religion is. She argues that their plight points up a shocking truth: religion cannot be coherently defined for the purposes of American law, because everyone has different definitions of what religion is. Indeed, while religious freedom as a political idea was arguably once a force for tolerance, it has now become a force for intolerance, she maintains. A clear-eyed look at the laws created to protect religious freedom, this vigorously argued book offers a new take on a right deemed by many to be necessary for a free democratic society. It will have broad appeal not only for religion scholars, but also for anyone interested in law and the Constitution. Featuring a new preface by the author, The Impossibility of Religious Freedom offers a new take on a right deemed by many to be necessary for a free democratic society.

Download or read book Indian Law Stories written by Carole E. Goldberg and published by Foundation Press. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Softbound - New, softbound print book.

Download or read book Many Nations under Many Gods written by Todd Allin Morman and published by University of Oklahoma Press. This book was released on 2018-11-22 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: The lands the United States claims sovereignty over by right of the Doctrine of Discovery are home to more than five hundred Indian nations, each with its own distinct culture, religion, language, and history. Yet these Indians, and federal Indian law, rarely factor into the decisions of the country’s governing class—as recent battles over national monuments on tribal sites have made painfully clear. A much-needed intervention, Many Nations under Many Gods brings to light the invisible histories of several Indian nations, as well as their struggles to protect the integrity of sacred and cultural sites located on federal public lands. Todd Allin Morman focuses on the history of Indian peoples engaging in consultation, a process mandated by the National Environmental Policy Act and the Indian Religious Freedom Act whenever a federal agency’s proposed action will affect land of significance to indigenous peoples. To understand this process and its various outcomes first requires familiarity with the history and culture that make these sites significant to particular Indian nations. Morman provides this necessary context for various and changing indigenous perspectives in the legal process. He also examines consultation itself in a series of case studies, including Hopi efforts to preserve the sacred San Francisco Peaks in the Coconino National Forest from further encroachment by a ski resort, the Washoes’ effort near Lake Tahoe to protect Cave Rock from an influx of rock climbers, the Forest Service’s plan for the Blackfeet site Badger-Two Medicine, and religious freedom cases involving the Makahs, the Quechans, the Western Apaches, and the Standing Rock Sioux. These cases illuminate the strengths and dangers inherent in the consultation process. They also illustrate the need, for Natives and non-Natives alike, to learn the history of North America in order understand the value of protecting the many cultural and sacred sites of its many indigenous peoples. Many Nations under Many Gods reveals—and works to meet—the urgency of this undertaking.

Download or read book A Third Way written by Hillary M. Hoffmann and published by Cambridge University Press. This book was released on 2020-07-23 with total page 179 pages. Available in PDF, EPUB and Kindle. Book excerpt: In A Third Way, Hillary Hoffmann and Monte Mills detail the history, context, and future of the ongoing legal fight to protect indigenous cultures. At the federal level, this fight is shaped by the assumptions that led to current federal cultural protection laws, which many tribes and their allies are now reframing to better meet their cultural and sovereign priorities. At the state level, centuries of antipathy toward tribes are beginning to give way to collaborative and cooperative efforts that better reflect indigenous interests. Most critically, tribes themselves are building laws and legal structures that reflect and invigorate their own cultural values. Taken together, and evidenced by the recent worldwide support for indigenous cultural movements, events of the last decade signal a new era for indigenous cultural protection. This important work should be read by anyone interested in the legal reforms that will guide progress toward that future.

Download or read book Federal Historic Preservation Laws written by United States and published by . This book was released on 1993 with total page 102 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Impact of Uniform Laws on the Protection of Cultural Heritage and the Preservation of Cultural Heritage in the 21st Century written by Toshiyuki Kono and published by BRILL. This book was released on 2010-07-07 with total page 796 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since Emer de Vattel’s (1714-1767) pioneerering work on the importance of the protection of cultural property in the interests of mankind and human society, international law has broadened the scope and strengthened protection in these areas. However, it is the work of UNESCO and it’s original mission of producing international instruments that has, in recent years, enhanced the protection and safeguarding of various types of cultural heritage. Providing an overview of the seven Conventions with the two Protocols adopted by UNESCO and UNIDROIT, this book offers comparative analysis of legal schemes for the protection or safeguarding of cultural heritage in 15 countries. This is the publication of the reports presented at the First Intersessional Thematic Congress of the International Academy of Comparative Law in November 2008.

Download or read book Who Owns Native Culture written by Michael F. Brown and published by Harvard University Press. This book was released on 2009-07-01 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Documents the efforts of indigenous peoples to redefine heritage as a protected resource. Michael Brown takes readers into settings where native peoples defend what they consider to be their cultural property ... By focusing on the complexity of actual cases, Brown casts light on indigenous grievances in diverse fields ... He finds both genuine injustice and, among advocates for native peoples, a troubling tendency to mimic the privatizing logic of major corporations"--Jacket.

Download or read book Ojibwe Singers written by Michael David McNally and published by Minnesota Historical Society. This book was released on 2009 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the early nineteenth century, Protestant missionaries promoted the translation of evangelical hymns into the Ojibwe language, regarding this music not only as a shared form of worship but also as a tool for rooting out native cultural identity. But for many Minnesota Ojibwe today, the hymns emerged from this history of material and cultural dispossession to become emblematic of their identity as a distinct native people. Author Michael McNally uses hymn singing as a lens to view culture in motion--to consider the broader cultural processes through which Native American peoples have creatively drawn on the resources of ritual to make room for survival, integrity, and a cultural identity within the confines of colonialism.

Download or read book Sacred Natural Sites written by Bas Verschuuren and published by Routledge. This book was released on 2012-06-25 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sacred Natural Sites are the world's oldest protected places. This book focuses on a wide spread of both iconic and lesser known examples such as sacred groves of the Western Ghats (India), Sagarmatha /Chomolongma (Mt Everest, Nepal, Tibet - and China), the Golden Mountains of Altai (Russia), Holy Island of Lindisfarne (UK) and the sacred lakes of the Niger Delta (Nigeria). The book illustrates that sacred natural sites, although often under threat, exist within and outside formally recognised protected areas, heritage sites. Sacred natural sites may well be some of the last strongholds for building resilient networks of connected landscapes. They also form important nodes for maintaining a dynamic socio-cultural fabric in the face of global change. The diverse authors bridge the gap between approaches to the conservation of cultural and biological diversity by taking into account cultural and spiritual values together with the socio-economic interests of the custodian communities and other relevant stakeholders.