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• pt. 1. Reference essays
• pt. 2. Documents.

This book examines the treaties that promised self-government, financial assistance, cultural protections, and land to the more than 565 tribes of North America (including Alaska, Hawaii, and Canada). Prior to contact with Europeans and, later, Americans, American Indian treaties assumed unique dimensions, often involving lengthy ceremonial meetings during which gifts were exchanged. Europeans and Americans would irrevocably alter the ways in which treaties were negotiated: for example, treaties no longer constituted oral agreements but rather written documents, though both parties generally lacked understanding of the other's culture. The political consequences of treaty negotiations continue to define the legal status of the more than 565 federally recognized tribes today. These and other aspects of treaty-making will be explored in this single-volume work, which serves to fill a gap in the study of both American history and Native American history. The history of treaty making covers a wide historical swath dating from the earliest treaty in 1788 to latest one negotiated in 1917. Despite the end of formal treaties largely by the end of the 19th century, Native relations with the federal government continued on with the move to reservations and later formal land allotment under the Dawes Act of 1887. Examines more than twenty primary source documents from treaties made between American Indians and the U.S. government between the late 18th and 19th centuries Contextualizes primary source documents with essays on topics such as treaty-making, the American Indian perspective, and treaties made between the Civil War and Reconstruction period to help students more fully understand their significance Includes images of original, signed treaties negotiated between tribes and the U.S. government, which offers visual learners concrete evidence by which to connect with the events that transpired Includes key terms such as "doctrine of discovery, " "guardianship, " and "sovereignty, " enabling students to grasp the complexity of federal negotiations.
(source: Nielsen Book Data)

• List of Figures A Note about Transcripts, Orthography and Terminology
• Part 1 Introduction 1 Cooperation without Submission 2 Beyond Dialogue: A Brief History of Native-US Engagement
• Part 2 Hopi Juris-diction 3 CWS: A Hopi Sociopolitical Theory of Knowing, Relating, and Norming 4 Juris-dictions of Significance: CWS in a Hopi-US Engagement
• Part 3 Making Indigenous Juris-diction Unrecognizable 5 Perils of Engagement and Failures of (Federal) Acknowledgment 6 Taxing Relations: Indigenous Juris-diction in the Tribal Tax Status Act
• Part 4 Conclusion 7 Standing with Indigenous Juris-dictions Acknowledgments References Notes Index.
• (source: Nielsen Book Data)

It is well-known that there is a complicated relationship between Native American tribes and the US government. Relations between tribes and the government are dominated by the principle known as the "Federal-Indian Trust Relationship." The key aspect of this principle is that the government is supposed to engage in meaningful consultations with the tribes about issues that affect them. In Cooperation without Submission, Justin B. Richland, an associate justice of the Hopi Appellate Court and ethnographer, closely examines the language employed by both tribes and government agencies in over eighty hours of meetings between the two. Richland shows how tribes conduct these meetings using language that demonstrates their commitment to nation-to-nation interdependency, while federal agents appear to approach these consultations with the assumption that federal law is supreme and ultimately authoritative. Meaning, Native American tribes see themselves as nations with some degree of independence, entitled to recognition of their sovereignty over tribal lands, while the federal government acts to limit that authority. In this vital book, Richland sheds light on the ways the tribes use their language to engage in "cooperation without submission.".
(source: Nielsen Book Data)

• Tribal government
• Tribal justice systems
• Tribal constitutions
• Tribal membership
• Tribal elections
• Civil rights
• Criminal law and procedure
• Domestic relations
• Property
• Contracts
• Torts
• Procedure and jurisdiction
• Tribal regulatory and administrative law
• Professional responsibility and regulation of lawyers

"A coursebook for the law school elective American Indian Tribal Law"-- Provided by publisher

• Cooperation without submission
• Beyond dialogue : a brief history of native-US engagement
• CWS : a Hopi sociopolitical theory of knowing, relating, and norming
• Juris-dictions of significance : CWS in a Hopi-US engagement
• Perils of engagement and failures of federal acknowledgment
• Taxing relations : indigenous jurisdiction in the Tribal Tax Status Act
• Conclusion: Standing with indigenous juris-dictions

It is well-known that there is a complicated relationship between Native American tribes and the US government. Relations between tribes and the government are dominated by the principle known as the "Federal-Indian Trust Relationship." The key aspect of this principle is that the government is supposed to engage in meaningful consultations with the tribes about issues that affect them. In Cooperation without Submission, Justin B. Richland, an associate justice of the Hopi Appellate Court and ethnographer, closely examines the language employed by both tribes and government agencies in over eighty hours of meetings between the two. Richland shows how tribes conduct these meetings using language that demonstrates their commitment to nation-to-nation interdependency, while federal agents appear to approach these consultations with the assumption that federal law is supreme and ultimately authoritative. Meaning, Native American tribes see themselves as nations with some degree of independence, entitled to recognition of their sovereignty over tribal lands, while the federal government acts to limit that authority. In this vital book, Richland sheds light on the ways the tribes use their language to engage in "cooperation without submission.".
(source: Nielsen Book Data)

The US National Archives and Records Administration (NARA) partnered with the Indigenous Digital Archive project of the Museum of Indian Arts and Culture in Santa Fe to provide context about and connection to the National Archives' holdings of the Ratified Indian Treaties. The IDA Treaties Explorer has conserved and digitized the Ratified Indian treaties in its holdings, 374 treaties between indigenous peoples and the United States (and its predecessor colonies). The IDA Treaties Explorer lets one also explore maps and see which tribes are associated with which treaties

• Indian treaty making : a native view
• Indian treaties as international agreements
• Canadian Indian treaties
• Colonial and early treaties, 1775-1829
• Indian removal and land cessions, 1830-1849
• Reservations and confederate and unratified treaties, 1850-1871
• Colonial and early treaties, 1775-1829
• Treaties during Indian removal, 1830-1849
• Confederate, reconstruction, and unratified treaties, 1850-1871 -- Appendix A : treaties by tribe -- Appendix B : Canadian First Nation treaties

This book examines the treaties that promised self-government, financial assistance, cultural protections, and land to the more than 565 tribes of North America (including Alaska, Hawaii, and Canada). Prior to contact with Europeans and, later, Americans, American Indian treaties assumed unique dimensions, often involving lengthy ceremonial meetings during which gifts were exchanged. Europeans and Americans would irrevocably alter the ways in which treaties were negotiated: for example, treaties no longer constituted oral agreements but rather written documents, though both parties generally lacked understanding of the other's culture. The political consequences of treaty negotiations continue to define the legal status of the more than 565 federally recognized tribes today. These and other aspects of treaty-making will be explored in this single-volume work, which serves to fill a gap in the study of both American history and Native American history. The history of treaty making covers a wide historical swath dating from the earliest treaty in 1788 to latest one negotiated in 1917. Despite the end of formal treaties largely by the end of the 19th century, Native relations with the federal government continued on with the move to reservations and later formal land allotment under the Dawes Act of 1887. Examines more than twenty primary source documents from treaties made between American Indians and the U.S. government between the late 18th and 19th centuries Contextualizes primary source documents with essays on topics such as treaty-making, the American Indian perspective, and treaties made between the Civil War and Reconstruction period to help students more fully understand their significance Includes images of original, signed treaties negotiated between tribes and the U.S. government, which offers visual learners concrete evidence by which to connect with the events that transpired Includes key terms such as "doctrine of discovery, " "guardianship, " and "sovereignty, " enabling students to grasp the complexity of federal negotiations.
(source: Nielsen Book Data)

• The legacy of Winters v. United States and the Winters Doctrine, one hundred years later / Barbara Cosens
• The primary cases of the reserved rights doctrine: reenactments of the oral arguments / remarks of Thomas G. Fredericks, G. Emlen Hall, Edwin S. Kneedler, Joseph P. Mazurek, Mason Morisset, Jerome C. Muys, A. Dan Tarlock, and Jeanne S. Whiteing
• Winters in its historical context / remarks of Patricia Limerick and John Shurts
• Winters and the contemporary landscape / John E. Thorson
• One hundred years after Winters: the immovable object of tribes' reserved water meets the irresistible force of states' reserved rights under the equal footing doctrine / Richard Monette
• Indian water rights: the era of settlement / Jeanne S. Whiteing
• Post-decree administration of Indian water rights in multijurisdictional settings / Michael C. Nelson
• Results following litigation: the Wind River Tribes/Big Horn River / remarks of Craig Alexander, Gordon Jeff Fassett, and Susan Williams
• The Pyramid Lake Paiute water rights / remarks of Joe Ely
• The boundaries of Winters' when the courts alone are not enough to protect Indian reserved rights / Scott W. Williams
• The Fort Belknap water compact / remarks of John Allen, Woldezion Mesghinna, and Chris Tweeten
• Winters in Salmon country: the Nez Perce Tribe instream flow claims / Mark Solomon
• Off-reservation instream flows: the Nez Perce Settlement / remarks of Michael Bogert, Duane T. Mecham, Rebecca Miles, and Steven Moore
• Litigation versus settlement in non-Indian federal reserved rights / remarks of Susan Cottingham, James DuBois, and John Leshy
• A new deal for a 1933 water right: the Black Canyon of the Gunnison instream flow controversy / Reed D. Benson
• The future of Winters / remarks of Michael Bogert, Barbara Cosens, Philip S. Sam Deloria, John Echohawk, David Getches, John Leshy, and Jeanne S. Whiteing
• Will the Winters commitment to justice endure? it depends on us / remarks of Regis Pecos.

On January 6, 1908, the Supreme Court ruled that when land is set aside for the use of Indian tribes, that reservation of land includes reserved water rights. The Winters Doctrine, as it has come to be known, is now a fundamental principle of both federal Indian law and water law and has expanded beyond Indian reservations to include all federal reservations of land. Ordinarily, there would not be much to say about a one hundred-year-old Supreme Court case. But while its central conclusion that a claim to water was reserved when the land was reserved for Indians represents a commitment to justice, the exact nature of that commitment--its legal basis, scope, implications for non-Indian water rights holders, the purposes for and quantities of water reserved, the geographic nexus between the land and the water reserved, and many other details of practical consequence--has been, and continues to be, litigated and negotiated. In this detailed collection of essays, lawyers, historians, and tribal leaders explore the nuances of these issues and legacies.
(source: Nielsen Book Data)

• Introduction
• Banishment
• Federal power and citizenship in Indian country
• A new deal for native citizenship
• Native self-determination
• The dismembering explodes
• Judicial interpretations of dismemberment
• Conclusion.

While the number of federally recognized Native nations in the United States are increasing, the population figures for existing tribal nations are declining. This depopulation is not being perpetrated by the federal government, but by Native governments that are banishing, denying, or disenrolling Native citizens at an unprecedented rate. Since the 1990s, tribal belonging has become more of a privilege than a sacred right. Political and legal dismemberment has become a national phenomenon with nearly eighty Native nations, in at least twenty states, terminating the rights of indigenous citizens. The first comprehensive examination of the origins and significance of tribal disenrollment, Dismembered examines this disturbing trend, which often leaves the disenrolled tribal members with no recourse or appeal. At the center of the issue is how Native nations are defined today and who has the fundamental rights to belong. By looking at hundreds of tribal constitutions and talking with both disenrolled members and tribal officials, the authors demonstrate the damage this practice is having across Indian Country and ways to address the problem.
(source: Nielsen Book Data)

• Indian treaty making : a native view
• Indian treaties as international agreements
• Canadian Indian treaties
• Colonial and early treaties, 1775-1829
• Indian removal and land cessions, 1830-1849
• Reservations and confederate and unratified treaties
• Colonial and early treaties
• Treaties during Indian removal, 1830-1849
• Confederate, reconstruction, and unratified treaties, 1850-1871.

This book examines the treaties that promised self-government, financial assistance, cultural protections, and land to the more than 565 tribes of North America (including Alaska, Hawaii, and Canada). Prior to contact with Europeans and, later, Americans, American Indian treaties assumed unique dimensions, often involving lengthy ceremonial meetings during which gifts were exchanged. Europeans and Americans would irrevocably alter the ways in which treaties were negotiated: for example, treaties no longer constituted oral agreements but rather written documents, though both parties generally lacked understanding of the other's culture. The political consequences of treaty negotiations continue to define the legal status of the more than 565 federally recognized tribes today. These and other aspects of treaty-making will be explored in this single-volume work, which serves to fill a gap in the study of both American history and Native American history. The history of treaty making covers a wide historical swath dating from the earliest treaty in 1788 to latest one negotiated in 1917. Despite the end of formal treaties largely by the end of the 19th century, Native relations with the federal government continued on with the move to reservations and later formal land allotment under the Dawes Act of 1887. Examines more than twenty primary source documents from treaties made between American Indians and the U.S. government between the late 18th and 19th centuries Contextualizes primary source documents with essays on topics such as treaty-making, the American Indian perspective, and treaties made between the Civil War and Reconstruction period to help students more fully understand their significance Includes images of original, signed treaties negotiated between tribes and the U.S. government, which offers visual learners concrete evidence by which to connect with the events that transpired Includes key terms such as "doctrine of discovery, " "guardianship, " and "sovereignty, " enabling students to grasp the complexity of federal negotiations.
(source: Nielsen Book Data)

• The legacy of Winters v. United States and the Winters Doctrine, one hundred years later / Barbara Cosens
• The primary cases of the reserved rights doctrine: reenactments of the oral arguments / remarks of Thomas G. Fredericks, G. Emlen Hall, Edwin S. Kneedler, Joseph P. Mazurek, Mason Morisset, Jerome C. Muys, A. Dan Tarlock, and Jeanne S. Whiteing
• Winters in its historical context / remarks of Patricia Limerick and John Shurts
• Winters and the contemporary landscape / John E. Thorson
• One hundred years after Winters: the immovable object of tribes' reserved water meets the irresistible force of states' reserved rights under the equal footing doctrine / Richard Monette
• Indian water rights: the era of settlement / Jeanne S. Whiteing
• Post-decree administration of Indian water rights in multijurisdictional settings / Michael C. Nelson
• Results following litigation: the Wind River Tribes/Big Horn River / remarks of Craig Alexander, Gordon Jeff Fassett, and Susan Williams
• The Pyramid Lake Paiute water rights / remarks of Joe Ely
• The boundaries of Winters' when the courts alone are not enough to protect Indian reserved rights / Scott W. Williams
• The Fort Belknap water compact / remarks of John Allen, Woldezion Mesghinna, and Chris Tweeten
• Winters in Salmon country: the Nez Perce Tribe instream flow claims / Mark Solomon
• Off-reservation instream flows: the Nez Perce Settlement / remarks of Michael Bogert, Duane T. Mecham, Rebecca Miles, and Steven Moore
• Litigation versus settlement in non-Indian federal reserved rights / remarks of Susan Cottingham, James DuBois, and John Leshy
• A new deal for a 1933 water right: the Black Canyon of the Gunnison instream flow controversy / Reed D. Benson
• The future of Winters / remarks of Michael Bogert, Barbara Cosens, Philip S. Sam Deloria, John Echohawk, David Getches, John Leshy, and Jeanne S. Whiteing
• Will the Winters commitment to justice endure? it depends on us / remarks of Regis Pecos.

On January 6, 1908, the Supreme Court ruled that when land is set aside for the use of Indian tribes, that reservation of land includes reserved water rights. The Winters Doctrine, as it has come to be known, is now a fundamental principle of both federal Indian law and water law and has expanded beyond Indian reservations to include all federal reservations of land. Ordinarily, there would not be much to say about a one hundred-year-old Supreme Court case. But while its central conclusion that a claim to water was reserved when the land was reserved for Indians represents a commitment to justice, the exact nature of that commitment--its legal basis, scope, implications for non-Indian water rights holders, the purposes for and quantities of water reserved, the geographic nexus between the land and the water reserved, and many other details of practical consequence--has been, and continues to be, litigated and negotiated. In this detailed collection of essays, lawyers, historians, and tribal leaders explore the nuances of these issues and legacies.
(source: Nielsen Book Data)

Identifies and lists a brief synopsis of the many treaties entered into between the American Indians and the English colonies. Contained within the work are original sources of information of some of the most important events connected with the settlement of the United States and its land titles.

• Introduction
• Banishment
• Federal power and citizenship in Indian country
• A new deal for native citizenship
• Native self-determination
• The dismembering explodes
• Judicial interpretations of dismemberment
• Conclusion.

While the number of federally recognized Native nations in the United States are increasing, the population figures for existing tribal nations are declining. This depopulation is not being perpetrated by the federal government, but by Native governments that are banishing, denying, or disenrolling Native citizens at an unprecedented rate. Since the 1990s, tribal belonging has become more of a privilege than a sacred right. Political and legal dismemberment has become a national phenomenon with nearly eighty Native nations, in at least twenty states, terminating the rights of indigenous citizens. The first comprehensive examination of the origins and significance of tribal disenrollment, Dismembered examines this disturbing trend, which often leaves the disenrolled tribal members with no recourse or appeal. At the center of the issue is how Native nations are defined today and who has the fundamental rights to belong. By looking at hundreds of tribal constitutions and talking with both disenrolled members and tribal officials, the authors demonstrate the damage this practice is having across Indian Country and ways to address the problem.
(source: Nielsen Book Data)

• v. 1. The American Indian as slaveholder and secessionist
• v. 2. The American Indian as participant in the Civil War
• v. 3. The American Indian under Reconstruction.

• The tribes, federal Indian law, and the Indian sovereignty doctrine from the nineteenth century to 1959
• The foundations of the silent revolution, 1959-1973
• The silent revolution, 1973-2001
• Native America, Congress, and the silent revolution
• The effects of the silent revolution
• Native American "nation building" during the silent revolution
• Conclusion.

• "Returning from the enemy" : the poetics and politics of Indigenous women's legal history
• Lucía Martínez and the "putative father" : Arizona, 1854-1900
• Nora Jewell "in family way" : Washington, 1854-1910
• Juana Walker's "legal right as a half-breed" : Arizona, 1864-1916
• Rebecca Lena Graham and "the old question of common law marriage raised by a half-breed" : Washington, 1859-1946
• Dinah Hood, "the state is supreme" : Arizona, 1863-1935
• Louisa Enick, "hemmed in on all sides" : Washington, 1855-1935
• "The acts of forgetfulness" : Indigenous women's legal history in archives and tribal offices throughout the North American West.

Katrina Jagodinsky's enlightening history is the first to focus on indigenous women of the Southwest and Pacific Northwest and the ways they dealt with the challenges posed by the existing legal regimes of the nineteenth and twentieth centuries. In most western states, it was difficult if not impossible for Native women to inherit property, raise mixed-race children, or take legal action in the event of rape or abuse. Through the experiences of six indigenous women who fought for personal autonomy and the rights of their tribes, Jagodinsky explores a long yet generally unacknowledged tradition of active critique of the U.S. legal system by female Native Americans.
(source: Nielsen Book Data)

• Introduction: Sovereignty of the soul
• Knowing through numbers? The benefits and drawbacks of data
• What she say, it be law : tribal rape law and indigenous feminisms
• At the mercy of the state : linking rape to federal Indian law
• All apologies : the continuing federal complicity in the rape of Native women
• Relocation revisited : the sex trafficking of Native women
• Punishing the victim : Dana's story
• The enigma of federal reform : the Tribal Law and Order Act and the Violence Against Women Act
• Toward an indigenous jurisprudence of rape
• The trouble with peacemaking : false dichotomies and the politics of restorative justice
• "Righting" tribal rape law : proposals for reform
• Conclusion: The end of rape in Native America
• Epilogue.

Winner of the Labriola Center American Indian National Book Award Despite what major media sources say, violence against Native women is not an epidemic. An epidemic is biological and blameless. Violence against Native women is historical and political, bounded by oppression and colonial violence. This book, like all of Sarah Deer\u2019s work, is aimed at engaging the problem head-on-and ending it.The Beginning and End of Rape collects and expands the powerful writings in which Deer, who played a crucial role in the reauthorization of the Violence Against Women Act in 2013, has advocated for cultural and legal reforms to protect Native women from endemic sexual violence and abuse. Deer provides a clear historical overview of rape and sex trafficking in North America, paying particular attention to the gendered legacy of colonialism in tribal nations-a truth largely overlooked or minimized by Native and non-Native observers. She faces this legacy directly, articulating strategies for Native communities and tribal nations seeking redress. In a damning critique of federal law that has accommodated rape by destroying tribal legal systems, she describes how tribal self-determination efforts of the twenty-first century can be leveraged to eradicate violence against women. Her work bridges the gap between Indian law and feminist thinking by explaining how intersectional approaches are vital to addressing the rape of Native women.Grounded in historical, cultural, and legal realities, both Native and non-Native, these essays point to the possibility of actual and positive change in a world where Native women are systematically undervalued, left unprotected, and hurt. Deer draws on her extensive experiences in advocacy and activism to present specific, practical recommendations and plans of action for making the world safer for all.
(source: Nielsen Book Data)

• Literature review and methodology
• Historicizing jurisdiction in Indian country
• Jurisdiction and sexual violence against Native women
• Examining the federal response to jurisdictional conflicts in Indian country : the Tribal Law and Order Act of 2010
• The ghost of Kȟanǧí Šúnka and the enduring myth of savage justice : the 2013 reauthorization of the Violence Against Women Act
• Differential consciousness, the third space of sovereignty, and strategies for social change.

Living at the intersection of multiple identities in the United States can be dangerous. This is especially true for Native women who live on the more than 56 million acres that comprise America's Indian Country - the legal term for American Indian reservations and other land held in trust for Native people. Today, due to a complicated system of criminal jurisdiction, non-Native Americans can commit crimes against American Indians in much of Indian Country with virtual impunity. This has created what some call a modern day "hunting ground" in which Native women are specifically targeted by non-Native men for sexual violence. In this urgent and timely book, author Amy L. Casselman exposes the shameful truth of how the American government has systematically divested Native nations of the basic right to protect the people in their own communities. A problem over 200 years in the making, Casselman highlights race and gender in federal law to challenge the argument that violence against Native women in Indian country is simply collateral damage from a complex but necessary legal structure. Instead, she demonstrates that what's happening in Indian country is part of a violent colonial legacy - one that has always relied on legal and sexual violence to disempower Native communities as a whole.
(source: Nielsen Book Data)

• Introducing our relatives and introducing the story
• Stories from Indian country
• Whose rights? Whose justice? Reproductive oppression, reproductive justice, and the reproductive body
• The ruling relations of reproductive healthcare
• Producing the double discourse : the history and politics of Native-US relations and imperialist medicine
• "To uphold the federal government's obligations . . . and to honor and protect" : the double discourse of the Indian Health Service
• Resistance and accommodation : negotiating prenatal care and childbirth
• One in three : violence against Native women
• Genocidal consequences : contraception, sterilization, and abortion in the fourth-world context
• Community knowledge, community capital, and cultural safety
• Conclusions : Native women in the center.

In Reproductive Justice, sociologist Barbara Gurr provides the first analysis of Native American women's reproductive healthcare and offers a sustained consideration of the movement for reproductive justice in the United States. The book examines the reproductive healthcare experiences on Pine Ridge Reservation, home of the Oglala Lakota Nation in South Dakota - where Gurr herself lived for more than a year. Gurr paints an insightful portrait of the Indian Health Service (IHS) - the federal agency tasked with providing culturally appropriate, adequate healthcare to Native Americans - shedding much-needed light on Native American women's efforts to obtain prenatal care, access to contraception, abortion services, and access to care after sexual assault. Reproductive Justice goes beyond this local story to look more broadly at how race, gender, sex, sexuality, class, and nation inform the ways in which the government understands reproductive healthcare and organizes the delivery of this care. It reveals why the basic experience of reproductive healthcare for most Americans is so different - and better - than for Native American women in general, and women in reservation communities particularly. Finally, Gurr outlines the strengths that these communities can bring to the creation of their own reproductive justice, and considers the role of IHS in fostering these strengths as it moves forward in partnership with Native nations. Reproductive Justice offers a respectful and informed analysis of the stories Native American women have to tell about their bodies, their lives, and their communities.
(source: Nielsen Book Data)

• Arctic Alaska
• US Northeast Atlantic
• US North Central
• US New Southwest
• US Pacific Northwest
• US South.

Digitized materials pertaining to Native Americans in the collection of the Law Library of Congress. Web page and interactive map offers links to over 400 American Indian legal materials, spanning both 19th century items and constitutions, by-laws, and charters drafted after the 1934 Indian Reorganization Act.