Nonfiction. Native American Studies. PLANTING TAIL FEATHERS recounts the passage in 1953 of the federal statute commonly known as Public Law 280. Public Law 280 brought hardship to the affected reservations in the form of state jurisdiction and a withdrawal of federal services. The goal of the book is to present some of the ideas and legal understanding needed to rebuild tribal governments, economies, and peoples following the implementation Public Law 280.
The policy of forced assimilation, called "termination," that Congress pressed upon Native Americans in the 1950s brought state criminal jurisdiction to more than half of all Indian reservations for the first time in American history. The law that accomplished most of this shift from a combination of tribal and federal control to state control is widely known as Public Law 280. Tribes did not consent to the new and alien forms of criminal justice, and the federal government provided no funding to state or local governments to ease the new burdens thrust upon them. Present-day concerns about community safety in Indian country raise questions about the appropriate strategy for achieving that end. Is expanded state criminal jurisdiction an appropriate response, or should that option be off the table? Does the experience with Public Law 280 suggest conditions under which state jurisdiction is more or less successful? Captured Justice is the first systematic investigation of the success or failure of the Public Law 280 program substituting state for tribal and federal criminal justice in Indian country. The authors first identify a set of six conditions that are necessary for criminal justice to succeed in Indian country. They then present the results of hundreds of interviews and surveys at sixteen reservations across the United States, tapping reservation residents, tribal officials and staff, and state and federal law enforcement officers and criminal justice personnel, to find out how the state jurisdiction regime is faring and to compare experiences on Public Law 280 reservations with those on non-Public Law 280 reservations. Before-and-after case studies of tribes that were able to remove state jurisdiction from their reservations complete the book. Captured Justice is both an important assessment of an historic federal Indian policy that remains with us today, and a guide to future criminal justice policy for Indian country. "The authors carefully and clearly explain the interaction of a complex overlay of cultures and legal systems. They also clearly explain their methodologies and interview individuals about their experiences in the legal system. This book would be appropriate for anyone interested in American Indian law, or those interested in related topics such as contemporary Native American studies or sociology." -- Book News Inc. (October 2012)
"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
Tribal Criminal Law and Procedure examines complex Indian nations’ tribal justice systems, analyzing tribal statutory law, tribal case law, and the cultural values of Native peoples. Using tribal court opinions and tribal codes, it reveals how tribal governments use a combination of oral and written law to dispense justice and strengthen their nations and people. Carrie E. Garrow and Sarah Deer discuss the histories, structures, and practices of tribal justice systems, comparisons of traditional tribal justice with American law and jurisdictions, elements of criminal law and procedure, and alternative sentencing and traditional sanctions. New features of the second edition include new chapters on: · The Tribal Law and Order Act's Enhanced Sentencing Provisions · The Violence Against Women Act's Special Domestic Violence Criminal Jurisdiction · Tribal-State Collaboration Tribal Criminal Law and Procedure is an invaluable resource for legal scholars and students. The book is published in cooperation with the Tribal Law and Policy Institute (visit them at www.tlpi.org).
