Native American Sovereignty on Trial: A Handbook with Cases, Laws, and Documents

(Hardback)

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Description

A survey of Native American tribal law and its place within the framework of the U.S. Constitution from colonial times to today's headlines. Disputes over Native American gambling, economic development, land and treaty rights, and civil and criminal jurisdiction all come down to one thing: sovereignty. The fact that Native American nations have supreme authority over their affairs has spurred legal controversies from the Cherokee removal crisis of the 1830s to the Indian gaming issues of today. Using five major court cases, Native American Sovereignty on Trial examines American Indian tribal governments and how they relate to federal and state governments under the U.S. Constitution. From the foundational U.S. Supreme Court opinions of the 1830s to the California State Gaming Propositions of 1998 and 2000, the impact and legacy of these court cases are fully explored. The actual text of key treaties, court decisions, and other legal documents pertaining to the five tribal controversies are featured and analyzed. Clearly presented, this in-depth review of essential legal issues makes even the most difficult and complex judicial doctrines easily understood by students and non-lawyers. This concise volume tracing the evolution of Native American sovereignty through five key issues will supplement coursework in law, political science, American history, and American Indian studies.

Reviews

"Recommended. General readers and college students of all levels." - Choice "[W]ritten for Indian and non-Indian students who are interested in understanding Indian life and as a general reference for law students and lawyers ... This work should be required reading in order to develop a basic understanding of the historical basis of Indian sovereignty and the legal issues that have in the past threatened and continue to threaten Indian nations." - American Reference Books Annual

Author Bio

Bryan H. Wildenthal is associate professor of law and director of the Center for Law and Social Justice at Thomas Jefferson School of Law in San Diego, CA.