Partial justice : federal Indian law in a liberal constitutional system
Author(s)
Bibliographic Information
Partial justice : federal Indian law in a liberal constitutional system
(State, law and society)
Berg , Distributed exclusively in the U.S. and Canada by St. Martin's Press, 1991
Available at 2 libraries
  Aomori
  Iwate
  Miyagi
  Akita
  Yamagata
  Fukushima
  Ibaraki
  Tochigi
  Gunma
  Saitama
  Chiba
  Tokyo
  Kanagawa
  Niigata
  Toyama
  Ishikawa
  Fukui
  Yamanashi
  Nagano
  Gifu
  Shizuoka
  Aichi
  Mie
  Shiga
  Kyoto
  Osaka
  Hyogo
  Nara
  Wakayama
  Tottori
  Shimane
  Okayama
  Hiroshima
  Yamaguchi
  Tokushima
  Kagawa
  Ehime
  Kochi
  Fukuoka
  Saga
  Nagasaki
  Kumamoto
  Oita
  Miyazaki
  Kagoshima
  Okinawa
  Korea
  China
  Thailand
  United Kingdom
  Germany
  Switzerland
  France
  Belgium
  Netherlands
  Sweden
  Norway
  United States of America
Note
Includes bibliographical references (p. 200-203) and index
Description and Table of Contents
Description
Should the law be praised or cursed for what it has done to the American Indian?Using American legal history, politics and jurisprudence, this study considers the degree to which American courts have maintained their autonomy and withstood political pressure, when the sovereignty and property rights of Native American tribes were at issue.In 1879, a chief of the Ponca tribe, when released from military custody by an order of a U.S. district court, pronounced the use of law "a better way" to redress Indian grievances. This study explores the development of legal doctrine affecting Native American tribes by courts and commissions in the United States beginning with seminal court cases of the early 19th century and continuing through to the 1980's. Whether the law ever was a better way for Native Americans is a question of fundamental importance not only with regard to the rights - or even the survival - of American Indian tribes but also with respect to the claim of the American legal system to be equally fair and just to all groups in society regardless of their economic and political power.
Table of Contents
- Introduction - the contradictions of federal Indian law
- original principles of federal Indian law
- 19th-century "friends of the Indian" and the rule of law - limits on the use of raw power
- the transformation of Indian law - trusteeship, plenary power and the political question doctrine
- the Indian Claims Commission - politics as law
- federal courts, tribal sovereignty and Indian civil rights
- the two-tier structure of federal Indian law and the impossibility of partial justice.
by "Nielsen BookData"