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When did the federal government's self-appointed, essentially limitless authority over Native America become constitutional?
The story they have chosen to tell is wrong. It is time to tell a better story. Thus begins Keith Richotte's playful, unconventional look at Native American and Supreme Court history. At the center of his account is the mystery of a massive federal authority called plenary power.
When the Supreme Court first embraced plenary power in the 1880s it did not bother to seek any legal justification for the decision - it was simply rooted in racist ideas about tribal nations. By the 21st century, however, the Supreme Court was telling a different story, with opinions crediting the U.S. Constitution as the explicit source of federal plenary power.
So, when did the Supreme Court change its story? Just as importantly, why did it change its story? And what does this change mean for Native America, the Supreme Court, and the rule of law? In a unique twist on legal and Native history, Richotte uses the genre of trickster stories to uncover the answers to these questions and offer an alternative understanding.
The Worst Trickster Story Ever Told provides an irreverent, entertaining synthesis of Native American legal history across more than 100 years, reflecting on race, power, and sovereignty along the way. By embracing the subtle, winking wisdom of trickster stories, and centering the Indigenous perspective, Richotte opens up new avenues for understanding this history. We are able, then, to imagine a future that is more just, equitable, and that better fulfills the text and the spirit of the Constitution.
Several centuries ago, the five nations that would become the Haudenosaunee--Mohawk, Oneida, Onondaga, Cayuga, and Seneca--were locked in generations-long cycles of bloodshed. When they established Kayanerenkó wa, the Great Law of Peace, they not only resolved intractable conflicts, but also shaped a system of law and government that would maintain peace for generations to come.
This law remains in place today in Haudenosaunee communities: an Indigenous legal system, distinctive, complex, and principled. It is not only a survivor, but a viable alternative to Euro-American systems of law. With its emphasis on lasting relationships, respect for the natural world, building consensus, and on making and maintaining peace, it stands in contrast to legal systems based on property, resource exploitation, and majority rule.
Although Kayanerenkó wa has been studied by anthropologists, linguists, and historians, it has not been the subject of legal scholarship. There are few texts to which judges, lawyers, researchers, or academics may refer for any understanding of specific Indigenous legal systems. Following the United Nations Declaration on the Rights of Indigenous Peoples, and a growing emphasis on reconciliation, Indigenous legal systems are increasingly relevant to the evolution of law and society.
In Kayanerenkó wa: The Great Law of Peace Kayanesenh Paul Williams, counsel to Indigenous nations for forty years, with a law practice based in the Grand River Territory of the Six Nations, brings the sum of his experience and expertise to this analysis of Kayanerenkó wa as a living, principled legal system. In doing so, he puts a powerful tool in the hands of Indigenous and settler communities.
Both a narrative and a constitution, the Great Law of Peace established the governance system of the Iroquois Confederacy. Its powerful themes of justice, cooperation, grief, health, and peace continue to inspire today.
An oral constitution, the Great Law of Peace was recorded on wampum belts and ratified by the Haudenosaunee (comprised of the Cayuga, Mohawk, Oneida, Onondaga, Seneca, and later, the Tuscarora peoples) long before European settlers arrived in America. Cultural heroes Haiwatha and the Great Peacemaker, Deganawida, are credited with creating the Great Law of Peace. It begins with a folklore-filled history of the Iroquois peoples dating back nearly a millennium. The constitution portion of the Great Law of Peace institutes a federalist democracy with separation of powers, a bicameral legislature, equal rights for women, and many other notable attributes. The Great Law of Peace ends with descriptions of ceremonies such as funerals and appointing new chiefs.
The Great Law of Peace is known to have influenced Benjamin Franklin, James Madison, and other framers of the United States Constitution. In 1988, Congress passed a concurrent resolution that officially acknowledged the contribution of the Iroquois Confederacy of Nations to the Development of the United States Constitution.
This handsome hardcover edition of the Great Law of Peace is the perfect gift for anyone interested in indigenous law, United States history, and the creation of a more harmonious, just society.
The Navajo Nation court system is the largest and most established tribal legal system in the world. Since the landmark 1959 U.S. Supreme Court decision in Williams v. Lee that affirmed tribal court authority over reservation-based claims, the Navajo Nation has been at the vanguard of a far-reaching, transformative jurisprudential movement among Indian tribes in North America and indigenous peoples around the world to retrieve and use traditional values to address contemporary legal issues.
A justice on the Navajo Nation Supreme Court for sixteen years, Justice Raymond D. Austin has been deeply involved in the movement to develop tribal courts and tribal law as effective means of modern self-government. He has written foundational opinions that have established Navajo common law and, throughout his legal career, has recognized the benefit of tribal customs and traditions as tools of restorative justice.
In Navajo Courts and Navajo Common Law, Justice Austin considers the history and implications of how the Navajo Nation courts apply foundational Navajo doctrines to modern legal issues. He explains key Navajo foundational concepts like H zh (harmony), K' (peacefulness and solidarity), and K' (kinship) both within the Navajo cultural context and, using the case method of legal analysis, as they are adapted and applied by Navajo judges in virtually every important area of legal life in the tribe.
In addition to detailed case studies, Justice Austin provides a broad view of tribal law, documenting the development of tribal courts as important institutions of indigenous self-governance and outlining how other indigenous peoples, both in North America and elsewhere around the world, can draw on traditional precepts to achieve self-determination and self-government, solve community problems, and control their own futures.
#WeAreNOTBlack #WePreferMoors #ByeByeBywords
Immerse yourself in a pivotal moment from 1928 - the Pan-American Conference in Havana, Cuba where Prophet Noble Drew Ali received a profound mandate. This groundbreaking proclamation recognized the Moors' rightful claim to the Americas while declaring the European occupation's expiration across Moorish lands in the Western Hemisphere.
The issuance of this Official Proclamation of Real Moorish American Nationality served as a global constructive notice - the Moors have returned to reclaim their sovereign birthright. This watershed event laid the foundation for the Applied Solutions for Moorish Nationals series, ushering in a renaissance of self-actualization. This color edition is printed to ensure no bleed-through when copied. Copies are suitable for inclusion with official filings.
Whether exploring your roots or illuminating paths forward, owning this historical account connects you to the renaissance ideals that catalyzed a reawakening. Immerse yourself in the narrative that sounded the charge for Moorish empowerment.
Visit CalifaMedia.com for discounts on this title and more--and get goodies! CalifaMedia.com: Learn Moor.
Argues that a refined concept of culture can be used by American courts to better analyze cases that cover the sense of community.
Supreme Court Justices frequently justify their opinions in terms of the traditions and customs of a community. Yet, the rights and interests of entities that fit neither with the state nor the individual are treated as fluid and subjective, often existing without clarity in the current legal framework. The Rights of Groups focuses on a series of specific examples to argue that a more refined concept of culture than has been employed by American courts could offer better ways to analyze a broad range of cases that employ the notion of community. Through an original reading of the Ninth Amendment, Lawrence Rosen illustrates how a constitutional consideration for group protections might be applied to decisions arising before the Supreme Court, including the decision to overturn Roe v. Wade. Similarly, in other chapters, Rosen shows how a revised theory of culture can change the concepts--including those of community--that courts currently apply, whether it is the application of indigenous concepts of value to revise the statutes governing intellectual property, the importance to native peoples that burial remains be returned to the group, the role a community can play in the responsibilities attendant on the prudent investor rule, the cultural organization of Western states' water resources, or the implementation of a new basis for group defamation suits. The book thus concludes with a call for a more sophisticated concept of culture that can sharpen our usage of the legitimate rights and interests of those entities that fit neither with the state nor the individual.
Want to Ace your Oregon DMV Driver's License Exam, even if you've never Driven before?
Are you afraid of failing your driver's license test?
Or have you failed the test before and still aren't sure what the right answers are?
Do you want to pass your DMV written exam without getting stumped on tricky questions?
You might've heard that the driver's license test in Oregon is immensely difficult, regardless of your driving experience.
Plenty of out-of-staters will tell you horror stories of how they failed terribly on the written exam... despite years of driving under their belts.
And it's even scarier if you've never been behind the wheel.
Because as excited as you may be to start driving on your own... you only get a few tries to pass the written test... before you're forced to begin the whole application process all over again.
Even if you've read through the DMV handbook over and over, you might miss a redundant question where all of the answers look like they could be correct. And missing just one question is enough to invalidate your entire driver's license application.
But there's a simple and easy way to save yourself the embarrassment of failing your driver's license test. With the right study guide, you'll be prepared for every question you come across on the test so you can pass with flying colors.
In this Oregon Driver's Practice Tests Course, you will discover:
And much more!
Don't waste hundreds or even thousands of dollars on driver's ed courses that barely even help you with the written portion of your driver's license test. This Oregon Driver's Practice Tests Course shows you everything you need to know to pass your exam on the first attempt... and for only a small fraction of what it costs to hire an instructor.
Regardless of your driving experience, this all-in-one guide will boost your test-taking confidence and have you cruising around Oregon in no time.
You could keep sitting at home worrying about whether or not you're going to have to retake the test... or you can master all the essential road rules, skills, and practices and get one step closer to obtaining your driver's license.
If you want to Pass your DMV written exam once and for all, then scroll up and click the Add to Cart button right now.
Want to Ace your Illinois DMV Driver's License Exam, even if you've never Driven before?
Are you afraid of failing your driver's license test?
Or have you failed the test before and still aren't sure what the right answers are?
Do you want to pass your DMV written exam without getting stumped on tricky questions?
You might've heard that the driver's license test in Illinois is immensely difficult, regardless of your driving experience.
Plenty of out-of-staters will tell you horror stories of how they failed terribly on the written exam... despite years of driving under their belts.
And it's even scarier if you've never been behind the wheel.
Because as excited as you may be to start driving on your own... you only get a few tries to pass the written test... before you're forced to begin the whole application process all over again.
Even if you've read through the DMV handbook over and over, you might miss a redundant question where all of the answers look like they could be correct. And missing just one question is enough to invalidate your entire driver's license application.
But there's a simple and easy way to save yourself the embarrassment of failing your driver's license test. With the right study guide, you'll be prepared for every question you come across on the test so you can pass with flying colors.
In this Illinois Driver's Practice Tests Course, you will discover:
And much more!
Don't waste hundreds or even thousands of dollars on driver's ed courses that barely even help you with the written portion of your driver's license test. This Illinois Driver's Practice Tests Course shows you everything you need to know to pass your exam on the first attempt... and for only a small fraction of what it costs to hire an instructor.
Regardless of your driving experience, this all-in-one guide will boost your test-taking confidence and have you cruising around Illinois in no time.
You could keep sitting at home worrying about whether or not you're going to have to retake the test... or you can master all the essential road rules, skills, and practices and get one step closer to obtaining your driver's license.
If you want to Pass your DMV written exam once and for all, then scroll up and click the Add to Cart button right now.
Historically, Indigenous artistic, cultural, and societal expression has been identified and examined within Canadian or international legal regimes. This book identifies Indigenous intellectual property concerns as an Indigenous legal issue to be taken seriously within specific Indigenous legal orders. Indigenous Intellectual Property opens up complex discussions about existing Indigenous intellectual property law, and avoids the tendency to pigeonhole Indigenous intellectual property into a Western legal model.
Drawing on diverse case studies, this book considers the existing laws in the Gitxsan, Secwepemc, and Hupacasath (Nuu-chah-nulth) legal orders, as well as from the Solomon Islands and Hawai'i. The case studies are grounded in their respective legal and oral histories, and contextualized within a broader discussion of Indigenous law, addressing issues of colonial myths, shrinking conceptions of Indigenous law, common resistances to Indigenous property and law, and important connections between Indigenous law and governance and citizenship.
The book carefully considers how the governance and civic value of intellectual property points to the unsuitability of the current state and international intellectual property legal regimes to many Indigenous intellectual property concerns. Ultimately, Indigenous Intellectual Property reveals the various ways in which to identify and understand law within Indigenous societies - through narrative and story analysis, observations of practices and ceremonies, and political and legal ordering.
This book, the first of its kind, comprehensively explores Native American claims against the United States government over the past two centuries. Despite the federal government's multiple attempts to redress indigenous claims, a close examination reveals that even when compensatory programs were instituted, Native peoples never attained a genuine sense of justice. David E. Wilkins addresses the important question of what one nation owes another when the balance of rights, resources, and responsibilities have been negotiated through treaties. How does the United States assure that guarantees made to tribal nations, whether through a century old treaty or a modern day compact, remain viable and lasting?
Historically, Indigenous artistic, cultural, and societal expression has been identified and examined within Canadian or international legal regimes. This book identifies Indigenous intellectual property concerns as an Indigenous legal issue to be taken seriously within specific Indigenous legal orders. Indigenous Intellectual Property opens up complex discussions about existing Indigenous intellectual property law, and avoids the tendency to pigeonhole Indigenous intellectual property into a Western legal model.
Drawing on diverse case studies, this book considers the existing laws in the Gitxsan, Secwepemc, and Hupacasath (Nuu-chah-nulth) legal orders, as well as from the Solomon Islands and Hawai'i. The case studies are grounded in their respective legal and oral histories, and contextualized within a broader discussion of Indigenous law, addressing issues of colonial myths, shrinking conceptions of Indigenous law, common resistances to Indigenous property and law, and important connections between Indigenous law and governance and citizenship.
The book carefully considers how the governance and civic value of intellectual property points to the unsuitability of the current state and international intellectual property legal regimes to many Indigenous intellectual property concerns. Ultimately, Indigenous Intellectual Property reveals the various ways in which to identify and understand law within Indigenous societies - through narrative and story analysis, observations of practices and ceremonies, and political and legal ordering.
Faced with a constant stream of news reports of standoffs and confrontations, Canada's reconciliation project has obviously gone off the rails. In this series of concise and thoughtful essays, lawyer and historian Bruce McIvor explains why reconciliation with Indigenous peoples is failing and what needs to be done to fix it.
Widely known as a passionate advocate for Indigenous rights, McIvor reports from the front lines of legal and political disputes that have gripped the nation. From Wet'suwet'en opposition to a pipeline in northern British Columbia, to Mi'kmaw exercising their fishing rights in Nova Scotia, McIvor has been actively involved in advising First Nation clients, fielding industry and non-Indigenous opposition to true reconciliation, and explaining to government officials why their policies are failing.
McIvor's essays are honest and heartfelt. In clear, plain language he explains the historical and social forces that underpin the development of Indigenous law, criticizes the current legal shortcomings and charts a practical, principled way forward.
By weaving in personal stories of growing up Métis on the fringes of the Peguis First Nation in Manitoba and representing First Nations in court and negotiations, McIvor brings to life the human side of the law and politics surrounding Indigenous peoples' ongoing struggle for fairness and justice. His writing covers many of the most important issues that have become part of a national dialogue, including systemic racism, treaty rights, violence against Indigenous people, Métis identity, the United Nations Declaration on the Rights of Indigenous People (UNDRIP) and the duty to consult.
McIvor's message is consistent and powerful: if Canadians are brave enough to confront the reality of the country's colonialist past and present and insist that politicians replace empty promises with concrete, meaningful change, there is a realistic path forward based on respect, recognition and the implementation of Indigenous rights.
Eight years in the making, Lha yudit'ih We Always Find a Way is a community oral history of Tsilhqot'in Nation v. British Columbia, the first case in Canada to result in a declaration of Aboriginal Rights and Title to a specific piece of land. Told from the perspective of the Plaintiff, Chief Roger William, joined by fifty Xeni Gwet'ins, Tŝilhqot'ins, and allies, this book encompasses ancient stories of creation, modern stories of genocide through smallpox and residential school, and stories of resistance including the Tŝilhqot'in War, direct actions against logging and mining, and the twenty-five-year battle in Canadian courts to win recognition of what Tŝilhqot'ins never gave up and have always known. We are the land, as Chief Roger says. After the violence of colonialism, he understands the court case as bringing our sight back. This book witnesses the power of that vision, its continuity with the Tŝilhqot'in world before the arrival of colonizers two centuries ago, and its potential for a future of freedom and self-determination for the Tŝilhqot'in People.
The Inter-American Court of Human Rights has the most developed jurisprudence on indigenous rights, yet this case law is understudied. This book addresses this gap by exploring the Court and its cases from both the perspective of international law and the legal protection of indigenous territories.
Setting out the network of actors and institutions involved in such litigation, it examines the motivations and constraints in domestic politics affecting international orders (and by extension the impact of the Court). It provides both an important statement on the effectiveness of international tribunals and a fascinating insight into the evolution of indigenous rights.
