Iroquois Land Claims
Iroquois Land Claims

Author: Christopher Vecsey

Publisher: Syracuse University Press

Published: 1988-05-01

Total Pages: 204

ISBN-13: 9780815602224

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The landmark Oneida Supreme Court decisions of 1974 and 1985 testify to the fact that the Iroquois' day in court has finally arrived. Although Indian petitions to regain their shrinking land base have generally caught the non-­Indian public by surprise, land rights have been an issue for the Iroquois for the past two-hundred years. This book provides a balanced appraisal of the land claims made by several of the Iroquois tribes. By drawing upon the viewpoints of those who have a direct stake in the land claims' outcome-Iroquois, attorneys representing or defending against the claims, expert witnesses—and those who have extensive knowledge of the controversy, this book reveals the complexity of the issues. While there is no easy way to resolve these claims, the uniquely qualified contributors stress that a negotiated settlement is preferable to a litigated one. The fact that these cases have had to be brought to court, even to the Supreme Court, is evidence of the seriousness of the issues involved. This timely book strikes a balance among the various parties to the land disputes, proving an invaluable resource to academics, students, legal professionals, policymakers, and the public at large.

Perversions of Justice
Perversions of Justice

Author: Ward Churchill

Publisher: City Lights Books

Published: 2003

Total Pages: 492

ISBN-13: 9780872864115

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Examines the faulty "reasoning" employed to legislate colonial control over North America's indigenous peoples and their lands.

Mohawk Interruptus
Mohawk Interruptus

Author: Audra Simpson

Publisher: Duke University Press

Published: 2014-05-27

Total Pages: 388

ISBN-13: 0822376784

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Mohawk Interruptus is a bold challenge to dominant thinking in the fields of Native studies and anthropology. Combining political theory with ethnographic research among the Mohawks of Kahnawà:ke, a reserve community in what is now southwestern Quebec, Audra Simpson examines their struggles to articulate and maintain political sovereignty through centuries of settler colonialism. The Kahnawà:ke Mohawks are part of the Haudenosaunee or Iroquois Confederacy. Like many Iroquois peoples, they insist on the integrity of Haudenosaunee governance and refuse American or Canadian citizenship. Audra Simpson thinks through this politics of refusal, which stands in stark contrast to the politics of cultural recognition. Tracing the implications of refusal, Simpson argues that one sovereign political order can exist nested within a sovereign state, albeit with enormous tension around issues of jurisdiction and legitimacy. Finally, Simpson critiques anthropologists and political scientists, whom, she argues, have too readily accepted the assumption that the colonial project is complete. Belying that notion, Mohawk Interruptus calls for and demonstrates more robust and evenhanded forms of inquiry into indigenous politics in the teeth of settler governance.

Hollow Justice
Hollow Justice

Author: David E. Wilkins

Publisher: Yale University Press

Published: 2013-10-22

Total Pages: 271

ISBN-13: 0300186002

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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?

Conflict in Caledonia
Conflict in Caledonia

Author: Laura DeVries

Publisher: UBC Press

Published: 2011-11-07

Total Pages: 262

ISBN-13: 0774821876

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On 28 February 2006, the Six Nations of the Grand River blocked workers from entering a half-built housing development in southern Ontario. They renamed the land Kanonhstaton, “the protected place.” The protest drew national and international attention to the issue of Aboriginal land rights and sparked a series of ongoing events known as the “Caledonia Crisis.” Laura DeVries’ powerful account of the dispute links the actions of police, governmental officials, and locals to entrenched non-Aboriginal discourses about law, landscape, and identity. It encourages non-Aboriginal Canadians to reconsider their assumptions – to view “facts” such as the rule of law as culturally specific notions that prevent truly equitable dialogue. DeVries not only reveals the conflicting visions of justice held by various parties to the dispute, she also seeks out possible solutions in alternative conceptualizations of sovereignty over land and law embedded in the Constitution.

Covered with Night: A Story of Murder and Indigenous Justice in Early America
Covered with Night: A Story of Murder and Indigenous Justice in Early America

Author: Nicole Eustace

Publisher: Liveright Publishing

Published: 2021-04-27

Total Pages: 467

ISBN-13: 1631495887

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WINNER • 2022 PULITZER PRIZE IN HISTORY Finalist • National Book Award for Nonfiction Best Books of the Year • TIME, Smithsonian, Boston Globe, Kirkus Reviews The Pulitzer Prize-winning history that transforms a single event in 1722 into an unparalleled portrait of early America. In the winter of 1722, on the eve of a major conference between the Five Nations of the Haudenosaunee (also known as the Iroquois) and Anglo-American colonists, a pair of colonial fur traders brutally assaulted a Seneca hunter near Conestoga, Pennsylvania. Though virtually forgotten today, the crime ignited a contest between Native American forms of justice—rooted in community, forgiveness, and reparations—and the colonial ideology of harsh reprisal that called for the accused killers to be executed if found guilty. In Covered with Night, historian Nicole Eustace reconstructs the attack and its aftermath, introducing a group of unforgettable individuals—from the slain man’s resilient widow to an Indigenous diplomat known as “Captain Civility” to the scheming governor of Pennsylvania—as she narrates a remarkable series of criminal investigations and cross-cultural negotiations. Taking its title from a Haudenosaunee metaphor for mourning, Covered with Night ultimately urges us to consider Indigenous approaches to grief and condolence, rupture and repair, as we seek new avenues of justice in our own era.

American Indian Sovereignty and Law
American Indian Sovereignty and Law

Author: Wade Davies

Publisher: Scarecrow Press

Published: 2009-02-04

Total Pages: 649

ISBN-13: 0810862360

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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.

Justice in a New World
Justice in a New World

Author: Brian P Owensby

Publisher: NYU Press

Published: 2019-01-15

Total Pages: 341

ISBN-13: 1479858919

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A historical and legal examination of the conflict and interplay between settler and indigenous laws in the New World As British and Iberian empires expanded across the New World, differing notions of justice and legality played out against one another as settlers and indigenous people sought to negotiate their relationship. In order for settlers and natives to learn from, maneuver, resist, or accommodate each other, they had to grasp something of each other's legal ideas and conceptions of justice. This ambitious volume advances our understanding of how natives and settlers in both the British and Iberian New World empires struggled to use the other’s ideas of law and justice as a political, strategic, and moral resource. In so doing, indigenous people and settlers alike changed their own practices of law and dialogue about justice. Europeans and natives appealed to imperfect understandings of their interlocutors’ notions of justice and advanced their own conceptions during workaday negotiations, disputes, and assertions of right. Settlers’ and indigenous peoples’ legal presuppositions shaped and sometimes misdirected their attempts to employ each other’s law. Natives and settlers construed and misconstrued each other's legal commitments while learning about them, never quite sure whether they were on solid ground. Chapters explore the problem of “legal intelligibility”: How and to what extent did settler law and its associated notions of justice became intelligible—tactically, technically and morally—to natives, and vice versa? To address this question, the volume offers a critical comparison between English and Iberian New World empires. Chapters probe such topics as treaty negotiations, land sales, and the corporate privileges of indigenous peoples. Ultimately, Justice in a New World offers both a deeper understanding of the transformation of notions of justice and law among settlers and indigenous people, and a dual comparative study of what it means for laws and moral codes to be legally intelligible.