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Intro -- Contents -- Foreword by Charles Wilkinson -- Preface -- Acknowledgment -- 1. The Road to Neah Bay -- 2. The Road to Neah Bay Begins in Chicago -- 3. The University of Chicago, the Army, and Seattle -- 4. Becoming a Lawyer -- 5. Seven Years of Lawyering in West Seattle -- 6. Creating a Law Firm -- 7. Indian Fishing Rights: Joining the Struggle -- 8. The Makahs -- 9. Recovering Lost Property: Ozette, Tatoosh, and Waadah -- 10. The Lummi Tribe -- 11. Indian Fishing Rights: Eighty Years of Suppression, Twenty Years of Confrontation -- 12. The Big Bang: U.S. v. Washington Begins -- 13. U.S. v. Washington: The Trial -- 14. U.S. v. Washington: Closing Arguments and Judge Boldt's Decision -- 15. The U.S. Supreme Court Has the Last Word: Consequences of the Boldt Decision -- 16. The Confederated Tribes of the Colville Reservation -- 17. The Northern Cheyennes Fight Strip-Mining -- 18. The Northern Cheyennes and the Hollowbreast Case -- 19. The Oliphant Case: A Setback for Tribal Government -- 20. Writing about the Indian Civil Rights Act -- 21. Leaving Law for Academia -- 22. A Firm of Tribal Attorneys -- 23. Representing Fishermen of the Alaska Peninsula -- 24. The Mille Lacs Band of Chippewas -- 25. The Wanda Boswell Case -- 26. The Northern Arapaho Tribe -- 27. Photographing the Northern Cheyennes -- 28. The Makah Whale Hunt -- 29. A Life in Being -- Notes -- Selected Bibliography -- Index.

"Over the last thirty years Canadian policy on aboriginal issues has come to be dominated by an ideology that sees aboriginal peoples as "nations" entitled to specific rights. Indians and Inuit now enjoy legal privileges that include the inherent right to self-government, collective property rights, immunity from taxation, hunting and fishing rights without legal limits, and free housing, education, and medical care. Underpinning these privileges is what Tom Flanagan describes as "aboriginal orthodoxy"--The belief that prior residence in North America is an entitlement to special treatment. Flanagan shows that this orthodoxy enriches a small elite of activists, politicians, administrators, and well-connected entrepreneurs, while bringing further misery to the very people it is supposed to help. Controversial and thought-provoking, First Nations? Second Thoughts dissects the prevailing ideology that determines public policy towards Canada's aboriginal peoples. Flanagan analyzes the developments of the last ten years, showing how a conflict of visions has led to a stalemate in aboriginal policy-making. He concludes that aboriginal success will be achieved not as the result of public policy changes in government but through the actions of the people themselves."--

"This book examines the treaties that promised self-government, financial assistance, cultural protections, and land to the more than 565 tribes of North America (including Alaska, Hawaii, and Canada). Prior to contact with Europeans and, later, Americans, American Indian treaties assumed unique dimensions, often involving lengthy ceremonial meetings during which gifts were exchanged. Europeans and Americans would irrevocably alter the ways in which treaties were negotiated: for example, treaties no longer constituted oral agreements but rather written documents, though both parties generally lacked understanding of the other's culture. The political consequences of treaty negotiations continue to define the legal status of the more than 565 federally recognized tribes today. These and other aspects of treaty-making will be explored in this single-volume work, which serves to fill a gap in the study of both American history and Native American history. The history of treaty making covers a wide historical swath dating from the earliest treaty in 1788 to latest one negotiated in 1917. Despite the end of formal treaties largely by the end of the 19th century, Native relations with the federal government continued on with the move to reservations and later formal land allotment under the Dawes Act of 1887." -- Publisher's description

This engaging collection surveys and clarifies the complex issue of federal and state recognition for Native American tribal nations in the United States. Den Ouden and O'Brien gather focused and teachable essays on key topics, debates, and case studies. Written by leading scholars in the field, including historians, anthropologists, legal scholars, and political scientists, the essays cover the history of recognition, focus on recent legal and cultural processes, and examine contemporary recognition struggles nationwide. Contributors are Joanne Barker (Lenape), Kathleen A. Brown-Perez (Brothe

Cover -- Advance praise for Treaty Justice: The Northwest Tribes, the Boldt Decision, and the Recognition of Fishing Rights -- About the Author -- Title Page -- Copyright -- Dedication -- Contents -- Preface -- 1. Fury on the Puyallup River: The police "were all up on the bridge, with rifles, and we could see their rifles kicking, and you could feel the bullets going by -- there was nowhere you could go. -- 2. The Salmon People: "Those Fraser River salmon are like the blood in your veins. It's part of you. -- 3. Natives and Europeans Collide: "In this bottle I hold the smallpox safely corked up -- I have but to draw the cork and let loose the pestilence to sweep man, woman, and child from the face of the earth. -- 4. Young Man in a Hurry: "It is almost impossible to do anything without extinguishing [Indian] title and placing them on reservations where they can be cared for and attended to. -- 5. Treaty Time: "This paper secures your fish. -- 6. The Long Suppression: "All the Indian there is in the race should be dead. Kill the Indian and save the man. -- 7. The Tribes Come Forward: "We better win this one or there won't be another one. -- 8. The Buildup to the Boldt Decision: "Tribal fishermen were 'in dire need of a case to end all cases.' -- 9. The Trial: "Today the Indian fishing right is very much alive, but it is in chains, and we ask this Court to emancipate those fishing rights. . . ." -- 10. The Boldt Decision: "That judge, he made a decision, he interpreted the treaty, and he gave us a tool to help save the salmon. -- 11. Rebellion: "It was like a city out there. -- 12. The Supreme Court Acts: "Except for some desegregation cases, the District Court has faced the most concerted public and private efforts to frustrate a decree of a federal court ever witnessed in this century.

Intro -- Contents -- Preface and Acknowledgments -- Abbreviations -- Between Justice and Certainty -- 1 Introduction -- 2 Between the Procedure and Substance of Justice -- 3 The Imposition of Colonial Visions of Justice -- 4 First Nations Justice Frames -- 5 The British Columbia Treaty Process -- 6 Visions of Justice -- 7 Visions of Certainty -- 8 Conclusion -- Notes -- References -- Index.

NATIVE AMERICANS DEVELOPMENTS, POLICIES AND RESEARCH VOLUME 5 -- NATIVE AMERICANS DEVELOPMENTS, POLICIES AND RESEARCH VOLUME 5 -- Library of Congress Cataloging-in-Publication Data -- CONTENTS -- PREFACE -- Chapter 1 INDIAN HEALTH CARE: IMPACT OF THE AFFORDABLE CARE ACT (ACA)∗ -- SUMMARY -- INTRODUCTION -- OVERVIEW OF INDIAN HEALTH CARE -- INDIAN HEALTH CARE IMPROVEMENT ACT -- IHCIA Reauthorization in the ACA -- Definitions18 -- SELECTED MAJOR CHANGES TO IHCIA IN THE ACA -- IHCIA TITLE I: INDIAN HEALTH, HUMAN RESOURCES, AND DEVELOPMENT -- IHCIA TITLE II: HEALTH SERVICES

Law and Society -- TABLE OF CONTENTS -- Introduction -- Methodology -- A Brief History of Federal Indian Policy -- The Court During the Conflict Period -- The Court and the Reservation System -- Developing the Trust Responsibility -- BALANCING LAW AND POLICY : 1950 - 1970' s -- The Court Takes Over -- Conclusion -- Bibliography -- Index.

"Thoroughly documented and clearly written, Oral History on Trial is sure to become a leading work in the field. It discusses the standards considered authoritative when undertaking research about Aboriginal peoples and it scrutinizes the way in which law and the courts deal with Aboriginal oral narratives. Raising and resolving key issues about the admissibility and weight of evidence in courtrooms, it is an invaluable resource for judges, lawyers, and legal scholars, as well as anthropologists, historians, and Indigenous rights researchers"--J. Borrows (review, publisher's website)

1 Background and Introduction; 2 State-Tribal Consultation; 3 Sovereign Immunity and Its Impact on State-Tribal Relations; 4 Criminal Jurisdiction; 5 Civil Jurisdiction; 6 Taxation; 7 Indian Gaming; 8 Environmental Regulation and Natural Resources; 9 Native American Graves Protection and Repatriation Act; 10 The Indian Child Welfare Act; 11 Human Services; Bibliography/For Further Reading; Notes; Index.

Introduction -- The Indian Act, a legacy of racist patriarchy -- Sexism, racialized injustice, and Lavell v Canada, 1969-73 -- Individual versus collective rights in Status Indian politics, 1985-99 -- Sexism, indigenous sovereignty, and McIvor v The Registrar, 2007-09 -- Conclusion.

Frontmatter -- CONTENTS -- Introduction -- CHAPTER I. Europeans and the New World -- CHAPTER II. The Articles of Confederation -- CHAPTER III. The Constitution and American Indian Tribes -- CHAPTER IV. The Relationship of Indian Tribes to the Three Branches of the Federal Government -- CHAPTER V. The Historical Development of Constitutional Clauses -- CHAPTER VI. The Constitutional Amendments -- CHAPTER VII. The Later Constitutional Amendments -- CHAPTER VIII. The Status of Indian Tribes and the Constitution -- Notes -- References -- Index of Cases -- General Index

Cover -- Contents -- Acknowledgements -- Chapter 1 Introduction -- Part I: Conceptual and Analytic Frameworks -- Chapter 2 Federalism in the Era of Aboriginal Self-Government -- Chapter 3 Government Obligations, Aboriginal Peoples and Section 91(24) -- Chapter 4 Fiscal Arrangements for Aboriginal Self-Government -- Part II: Existing Federal and Provincial Responsibilities -- Chapter 5 High Politics is Not Enough: Policies and Programs for Aboriginal Peoples in Alberta and Ontario -- Chapter 6 Federal and Provincial Responsibilities for the Cree, Naskapi and Inuit Under the James Bay and Northern Quebec, and Northeastern Quebec Agreements -- Chapter 7 Federal and Provincial Responsibility in the Metis Settlements of Alberta -- Chapter 8 Federal/Provincial Responsibility and the Sechelt -- Part III: Challenges and Conclusions -- Chapter 9 Respective Roles and Responsibilities of Federal and Provincial Governments Regarding the Aboriginal Peoples of Canada -- Chapter 10 Conclusion -- The Contributors.

Building on his previous two books, "Bad Medicine" and "Bad Judgment," John Reilly acquaints the reader with the ironies and futilities of an approach to justice so adversarial and dysfunctional that it often increases crime rather than reducing it. He examines the radically different indigenous approach to wrongdoing, which is restorative rather than retributive, founded on the premise that people are basically good and wrongdoing is the aberration, not that humans are essentially evil and have to be deterred by horrendous punishments