Download or read book Native America Discovered and Conquered written by Robert J. Miller and published by Bloomsbury Publishing USA. This book was released on 2006-09-30 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Manifest Destiny, as a term for westward expansion, was not used until the 1840s. Its predecessor was the Doctrine of Discovery, a legal tradition by which Europeans and Americans laid legal claim to the land of the indigenous people that they discovered. In the United States, the British colonists who had recently become Americans were competing with the English, French, and Spanish for control of lands west of the Mississippi. Who would be the discoverers of the Indians and their lands, the United States or the European countries? We know the answer, of course, but in this book, Miller explains for the first time exactly how the United States achieved victory, not only on the ground, but also in the developing legal thought of the day. The American effort began with Thomas Jefferson's authorization of the Lewis & Clark Expedition, which set out in 1803 to lay claim to the West. Lewis and Clark had several charges, among them the discovery of a Northwest Passage—a land route across the continent—in order to establish an American fur trade with China. In addition, the Corps of Northwestern Discovery, as the expedition was called, cataloged new plant and animal life, and performed detailed ethnographic research on the Indians they encountered. This fascinating book lays out how that ethnographic research became the legal basis for Indian removal practices implemented decades later, explaining how the Doctrine of Discovery became part of American law, as it still is today.
Download or read book Discovering Indigenous Lands written by Robert J. Miller and published by Oxford University Press. This book was released on 2010-08-12 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: North America, New Zealand and Australia were colonised by England under an international legal principle that is known today as the doctrine of discovery. This book analyses how this doctrine was used to gain control over the indigenous peoples, and how this control continues to this day.
Download or read book Unsettling Truths written by Mark Charles and published by InterVarsity Press. This book was released on 2019-11-05 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: You cannot discover lands already inhabited. In this prophetic blend of history, theology, and cultural commentary, Mark Charles and Soong-Chan Rah reveal the damaging effects of the "Doctrine of Discovery," which institutionalized American triumphalism and white supremacy. This book calls our nation and churches to a truth-telling that will expose past injustices and open the door to conciliation and true community.
Download or read book Conquest by Law written by Lindsay G. Robertson and published by Oxford University Press. This book was released on 2005-08-25 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1823, Chief Justice John Marshall handed down a Supreme Court decision of monumental importance in defining the rights of indigenous peoples throughout the English-speaking world. At the heart of the decision for Johnson v. M'Intosh was a "discovery doctrine" that gave rights of ownership to the European sovereigns who "discovered" the land and converted the indigenous owners into tenants. Though its meaning and intention has been fiercely disputed, more than 175 years later, this doctrine remains the law of the land. In 1991, while investigating the discovery doctrine's historical origins Lindsay Robertson made a startling find; in the basement of a Pennsylvania furniture-maker, he discovered a trunk with the complete corporate records of the Illinois and Wabash Land Companies, the plaintiffs in Johnson v. M'Intosh. Conquest by Law provides, for the first time, the complete and troubling account of the European "discovery" of the Americas. This is a gripping tale of political collusion, detailing how a spurious claim gave rise to a doctrine--intended to be of limited application--which itself gave rise to a massive displacement of persons and the creation of a law that governs indigenous people and their lands to this day.
Download or read book Pagans in the Promised Land written by Steven T. Newcomb and published by Fulcrum Publishing. This book was released on 2008 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: "An analysis of how religious bias shaped U.S. federal Indian law."--
Download or read book Discovery Problems and Their Solutions written by Paul W. Grimm and published by American Bar Association. This book was released on 2009 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt: This updated and expanded edition describes the problems that litigators encounter most frequently in pretrial discovery and presents suggestions and strategies for solving these problems. Following a discussion on the scope and types of discovery, discovery problems are presented as hypotheticals followed by a discussion that includes the law and helpful practice tips. Particular emphasis has been placed on the interpretation of the new rules, and evolving case law, concerning discovery of electronically stored information.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Reservation Capitalism written by Robert J. Miller and published by Bloomsbury Publishing USA. This book was released on 2012-03-09 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique book investigates the history and future of American Indian economic activities and explains why tribal governments and reservation communities must focus on creating sustainable privately and tribally owned businesses if reservation communities and tribal cultures are to continue to exist. Native American peoples suffer from health, educational, infrastructure, and social deficiencies that most Americans who live outside of tribal lands are wholly unaware of and would not tolerate. By creating sustainable economic development on reservations, however, gradual, long-term change can be effected, thereby improving the standard of living and sustaining tribal cultures. Reservation "Capitalism": Economic Development in Indian Country supplies the true history, present-day circumstances, and potential future of Indian communities and economics. It provides key background information on indigenous economic systems and property rights regimes in what is now the United States, and explains how the vast majority of native lands and natural resource assets were lost. The book focuses on strategies for establishing privately and publicly owned economic activities on reservations and creating economies where reservation inhabitants can be employed, live, and buy the necessities of life, thereby enabling complete tribal self-sufficiency and self-determination.
Download or read book The Globalization of Discovery written by Lucas V. M. Bento and published by . This book was released on 2019-11-21 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dispute resolution is ultimately a quest for curiosity and discovery. However, many jurisdictions do not afford an adequate level of discovery--the process of obtaining information to prepare for trial. Fortunately, pretrial discovery is firmly entrenched in both state and federal laws in the United States, and international litigants increasingly look to the U.S.'s generous discovery tools, particularly 28 U.S.C. § 1782 ("Section 1782"), which provides an avenue to access information from a person or entity residing or found in the United States for use in a foreign proceeding. This book is the first to provide a comprehensive overview of the law and practice of this globally indispensable statute. The author pursues Section 1782's interpretation through U.S. federal courts, synthesizes all major decisions in this area of law, notes tensions and conflicts where applicable and provides practitioners and adjudicators worldwide with strategic and practical insights into the opportunities and constraints of Section 1782 applications. Among the questions likely to be asked while considering a Section 1782 application, the author offers detailed answers to the following and more: Under what circumstances can Section 1782 be invoked? What goes into an application? How can a respondent or intervenor challenge it? When is a person "found" in the district, pursuant to Section 1782? Who qualifies as an "interested person?" What is a "foreign or international tribunal?" Can Section 1782 be used in aid of foreign arbitrations? Can it be used before a foreign proceeding is filed? Can discovery be obtained over documents located abroad? How can the discretionary factors defined in Intel--jurisdictional reach, receptivity, circumvention and burden--be satisfied or challenged? What circumstances have led courts to deny Section 1782 applications? The author provides an introduction to U.S. discovery concepts and terminology, with comparison to other tools of international discovery such as the Hague Evidence Convention. In addition to providing extensive analysis of judicial decisions interpreting the Section 1782 statutory test and the Intel factors, the book also surveys and synthesizes additional factors considered by the courts, such as the role of good faith and the importance of timing. With this invaluable book, practitioners will be able to confidently invoke or defend a Section 1782 application in any U.S. District and maximize chances of success. Adjudicators, global law firms, companies doing transnational business and international arbitration practitioners will approach any Section 1782 application with full awareness of applicable rules of procedure, statutory and judicial tests, and best practices.
Download or read book Native America written by Michael Leroy Oberg and published by John Wiley & Sons. This book was released on 2015-06-23 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: This history of Native Americans, from the period of first contactto the present day, offers an important variation to existingstudies by placing the lives and experiences of Native Americancommunities at the center of the narrative. Presents an innovative approach to Native American history byplacing individual native communities and their experiences at thecenter of the study Following a first chapter that deals with creation myths, theremainder of the narrative is structured chronologically, coveringover 600 years from the point of first contact to the presentday Illustrates the great diversity in American Indian culture andemphasizes the importance of Native Americans in the history ofNorth America Provides an excellent survey for courses in Native Americanhistory Includes maps, photographs, a timeline, questions fordiscussion, and “A Closer Focus” textboxes that providebiographies of individuals and that elaborate on the text, exposing students to issues of race, class, and gender
Download or read book Chasing Paper written by Janet S. Kole and published by American Bar Association. This book was released on 2009 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chasing Paper offers an insightful, humorous and practical approach to paper discovery. Veteran litigator Janet S. Kole suggests that paper discovery can appeal to young lawyers on several levels so it is less arduous, more satisfying and more productive. In addition to reshaping negative attitudes about paper discovery, the book offers concrete, practical tips on all aspects of paper discovery.
Download or read book Plato s Laws written by Seth Benardete and published by University of Chicago Press. This book was released on 2024-01-05 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: An insightful commentary on Plato’s Laws, his complex final work. The Laws was Plato’s last work, his longest, and one of his most difficult. In contrast to the Republic, which presents an abstract ideal, the Laws appears to provide practical guidelines for the establishment and maintenance of political order in the real world. Classicist Seth Benardete offers a rich analysis of each of the twelve books of the Laws, which illuminates Plato’s major themes and arguments concerning theology, the soul, justice, and education. Most importantly, Benardete shows how music in a broad sense, including drama, epic poetry, and even puppetry, mediates between reason and the city in Plato’s philosophy of law. Benardete also uncovers the work’s concealed ontological dimension, explaining why it is hidden and how it can be brought to light. In establishing the coherence and underlying organization of Plato’s last dialogue, Benardete makes a significant contribution to Platonic studies.
Download or read book United States Attorneys Manual written by United States. Department of Justice and published by . This book was released on 1985 with total page 720 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Federal Criminal Discovery written by Robert M. Cary and published by American Bar Association. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federal Criminal Discovery thoroughly covers each of the different methods of discovery available to the parties in federal criminal cases. It serves as an invaluable resource for judges, academics, prosecutors, and defense lawyers by providing an exhaustive discussion on the statutory and constitutional bases for discovery, and by covering the existing law fairly while examining both sides of the issues.
Download or read book The Earth is Red written by Roberta Carol Harvey and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "Historical and legal analysis of doctrine of discovery and how it facilitated the loss of indigenous lives, land, game and valuable natural resources"--
Download or read book The Land Is Not Empty written by Sarah Augustine and published by Herald Press. This book was released on 2021-06-22 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: White settlers saw land for the taking. They failed to consider the perspective of the people already here. In The Land Is Not Empty, author Sarah Augustine unpacks the harm of the Doctrine of Discovery—a set of laws rooted in the fifteenth century that gave Christian governments the moral and legal right to seize lands they “discovered” despite those lands already being populated by indigenous peoples. Legitimized by the church and justified by a misreading of Scripture, the Doctrine of Discovery says a land can be considered “empty” and therefore free for the taking if inhabited by “heathens, pagans, and infidels.” In this prophetic book, Augustine, a Pueblo woman, reframes the colonization of North America as she investigates ways that the Doctrine of Discovery continues to devastate indigenous cultures, and even the planet itself, as it justifies exploitation of both natural resources and people. This is a powerful call to reckon with the root causes of a legacy that continues to have devastating effects on indigenous peoples around the globe and a call to recognize how all of our lives and our choices are interwoven. What was done in the name of Christ must be undone in the name of Christ, the author claims. The good news of Jesus means there is still hope for the righting of wrongs. Right relationship with God, others, and the earth requires no less.
Download or read book Discovery and Disclosure written by William Abrahamson and published by . This book was released on 2019 with total page 697 pages. Available in PDF, EPUB and Kindle. Book excerpt:
