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American Indian Sovereignty and Law An Annotated Bibliography 1st Edition by Wade Davies, Richmond L Clow ISBN 0810862352 9780810862357

  • SKU: BELL-2007906
American Indian Sovereignty and Law An Annotated Bibliography 1st Edition by Wade Davies, Richmond L Clow ISBN 0810862352 9780810862357
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American Indian Sovereignty and Law An Annotated Bibliography 1st Edition by Wade Davies, Richmond L Clow ISBN 0810862352 9780810862357 instant download after payment.

Publisher: Scarecrow Press
File Extension: PDF
File size: 2.61 MB
Pages: 648
Author: Wade Davies
ISBN: 9780810862357, 9780810862364, 0810862352, 0810862360
Language: English
Year: 2009
Edition: annotated edition

Product desciption

American Indian Sovereignty and Law An Annotated Bibliography 1st Edition by Wade Davies, Richmond L Clow ISBN 0810862352 9780810862357 by Wade Davies 9780810862357, 9780810862364, 0810862352, 0810862360 instant download after payment.

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ISBN 10: 0810862352 
ISBN 13: 9780810862357
Author: Wade Davies, Richmond L Clow

American Indian Sovereignty and Law: An Annotated Bibliography covers a wide variety of topics and includes sources dealing with federal Indian policy, federal and tribal courts, criminal justice, tribal governance, religious freedoms, economic development, and numerous sub-topics related to tribal and individual rights. While primarily focused on the years 1900 to the present, many sources are included that focus on the 19th century or earlier.

The annotations included in this reference will help researchers know enough about the arguments and contents of each source to determine its usefulness. Whenever a clear central argument is made in an article or book, it is stated in the entry, unless that argument is made implicit by the title of that entry. Each annotation also provides factual information about the primary topic under discussion. In some cases, annotations list topics that compose a significant portion of an author's discussion but are not obvious from the title of the entry. American Indian Sovereignty and Law will be extremely useful in both studying Native American topics and researching current legal and political actions affecting tribal sovereignty.

American Indian Sovereignty and Law An Annotated Bibliography 1st Table of contents:

Part I: Foundational Concepts and Historical Context

Chapter 1: Defining Sovereignty: Theoretical and Philosophical Perspectives

  • Western Legal Theory of Sovereignty vs. Indigenous Conceptions
  • Internal vs. External Sovereignty
  • Plenary Power Doctrine and Its Critiques
  • Tribal Self-Determination and Nation Building
  • International Law and Indigenous Rights

Chapter 2: Treaties and the Treaty-Making Era

  • Historical Context and Significance of Treaties
  • Interpretation of Treaties: Canons of Construction
  • Abrogation of Treaties and Congressional Power
  • Major Treaties and Their Enduring Impact
  • Treaty Rights: Hunting, Fishing, Water, Land

Chapter 3: The Marshall Trilogy and Early Supreme Court Jurisprudence

  • Johnson v. M'Intosh (1823): Doctrine of Discovery
  • Cherokee Nation v. Georgia (1831): "Domestic Dependent Nations"
  • Worcester v. Georgia (1832): Tribal Sovereignty and State Law
  • The Enduring Legacy of the Marshall Trilogy

Chapter 4: Allotment, Assimilation, and Termination Eras

  • The General Allotment Act (Dawes Act) of 1887
  • Impact of Allotment on Tribal Land Bases and Governance
  • The Indian Reorganization Act (IRA) of 1934
  • The Termination Era (1950s-1960s) and Its Devastating Effects
  • Public Law 280

Part II: Contemporary Dimensions of Tribal Sovereignty

Chapter 5: Tribal Governance and Jurisdiction

  • Tribal Constitutions and Governing Structures
  • Civil Jurisdiction in Indian Country (Tribal Courts, State Courts, Federal Courts)
  • Criminal Jurisdiction in Indian Country (Major Crimes Act, Oliphant v. Suquamish)
  • The Indian Civil Rights Act (ICRA)
  • Tribal Courts and Judicial Systems

Chapter 6: Land, Natural Resources, and Environmental Law

  • Trust Lands and Fee Simple Ownership
  • Water Rights (Winters Doctrine)
  • Mineral Rights, Oil, and Gas Leasing
  • Environmental Regulation in Indian Country (Tribal EPA, RCRA, CERCLA)
  • Sacred Sites and Cultural Resource Protection

Chapter 7: Economic Development and Taxation

  • Tribal Gaming and Economic Diversification
  • Taxation: Tribal, State, and Federal Powers
  • Business Development in Indian Country
  • Financial Self-Sufficiency and Nation Building

Chapter 8: Health, Education, and Social Welfare

  • Indian Health Service (IHS) and Tribal Healthcare Systems
  • Indian Child Welfare Act (ICWA)
  • Tribal Education Systems and Funding
  • Cultural Preservation and Revitalization
  • Housing and Infrastructure

Chapter 9: Gaming and Federal Indian Policy

  • The Indian Gaming Regulatory Act (IGRA)
  • State-Tribal Compacts
  • Economic and Social Impacts of Tribal Gaming
  • Regulatory Frameworks and Challenges

Part III: Specific Legal Areas and Emerging Issues

Chapter 10: Religious Freedom and Cultural Rights

  • American Indian Religious Freedom Act (AIRFA)
  • Repatriation (NAGPRA)
  • Sacred Sites Protection
  • Cultural Property Rights

Chapter 11: Taxation and Sovereignty (Advanced Issues)

  • Complexities of Tribal, State, and Federal Taxing Authority
  • Taxation of Non-Indians on Tribal Land
  • Taxation of Tribal Members Off-Reservation

Chapter 12: Tribal-State Relations

  • Cooperation and Conflict
  • Compacts and Agreements
  • Jurisdictional Disputes
  • The Role of State Recognition and Legislation

Chapter 13: International Law and Indigenous Rights

  • United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)
  • International Human Rights Law and Indigenous Peoples
  • Global Indigenous Movements and Advocacy

Chapter 14: Contemporary Challenges and Future Directions

  • Climate Change and Indigenous Resilience
  • Data Sovereignty and Governance
  • Digital Divide and Technology Access
  • Addressing Missing and Murdered Indigenous Women (MMIW)
  • The Future of Tribal Self-Determination and Nation-Building

Part IV: Annotated Bibliography - Resources by Subject

  • Section A: General Works and Overviews
    • Books, Edited Volumes, Journals
  • Section B: Historical and Foundational Texts
    • Treaties, Early Legal Cases, Historical Studies
  • Section C: Tribal Governance and Legal Systems
    • Tribal Constitutions, Codes, Court Decisions, Studies of Tribal Justice
  • Section D: Land, Natural Resources, and Environmental Law
    • Water Rights, Mineral Rights, Environmental Policy, Sacred Sites
  • Section E: Economic Development and Gaming
    • Gaming Law, Business Development, Taxation
  • Section F: Health, Education, and Social Welfare
    • ICWA, IHS, Education Policy
  • Section G: Religious Freedom and Cultural Preservation
    • NAGPRA, Religious Rights, Intellectual Property
  • Section H: Jurisdiction (Civil and Criminal)
  • Section I: State-Tribal Relations
  • Section J: International Law and Indigenous Rights
  • Section K: Emerging Issues and Future Directions
  • Section L: Reference Works, Bibliographies, and Research Guides

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Tags: Wade Davies, Richmond L Clow, American, Sovereignty

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