religion law and the land native americans and the judicial interpretation of sacred land contributions in legal studies

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Religion Law And The Land

Author : Brian Edward Brown
ISBN : 0313309728
Genre : History
File Size : 29. 9 MB
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Examining a series of court decisions made during the 1980s regarding the legal claims of several Native American tribes who attempted to protect ancestrally revered lands from development schemes by the federal government, this book looks at important questions raised about the religious status of land. The tribes used the First Amendment right of free exercise of religion as the basis of their claim, since governmental action threatened to alter the land which served as the primordial sacred reality without which their derivative religious practices would be meaningless. Brown argues that a constricted notion of religion on the part of the courts, combined with a pervasive cultural predisposition towards land as private property, marred the Constitutional analysis of the courts to deprive the Native American plaintiffs of religious liberty. Brown looks at four cases, which raised the issue at the federal district and appellate court levels, centered on lands in Tennessee, Utah, South Dakota, and Arizona; then it considers a fifth case regarding land in northwestern California, which ultimately went to the U.S. Supreme Court. In all cases, the author identifies serious deficiencies in the judicial evaluations. The lower courts applied a conception of religion as a set of beliefs and practices that are discrete and essentially separate from land, thus distorting and devaluing the fundamental basis of the tribal claims. It was this reductive fixation of land as property, implicit in the rulings of the first four cases, that became explicitly sanctioned and codified in the Supreme Court's decision in "Lyng v. Northwest Indian Cemetery Protective Association" of 1988. In reaching such a position, the Supreme Court injudiciously engaged in a policy determination to protect government land holdings, and did so through a shocking repudiation of its own long established jurisprudential procedure in cases concerning the free exercise of religion.

We Have A Religion

Author : Tisa Joy Wenger
ISBN : 9780807832622
Genre : Religion
File Size : 70. 93 MB
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For Native Americans, religious freedom has been an elusive goal. From nineteenth-century bans on indigenous ceremonial practices to twenty-first-century legal battles over sacred lands, peyote use, and hunting practices, the U.S. government has often act

Refractions Of The Scriptural

Author : Vincent L. Wimbush
ISBN : 9781317243564
Genre : Religion
File Size : 56. 5 MB
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Refractions of the Scriptural is a transdisciplinary collection of essays that seeks to construct a new field of scholarly inquiry with scriptures as a fraught category, analytical wedge, and site for excavation and problematization. The book focuses on the ways in which individual and social bodies manipulate—and are manipulated by— the politics and power encoded in language and formalized canonical knowledge. Scriptures, in this sense, function as complex phenomena that are instrumental to social conservatism as well as social critique and social change. The essays in this volume, written by established and up-and-coming scholars across a wide range of disciplines, seek to locate, engage, and interpret the ways in which the scriptural shapes and reshapes people and the dynamics of identity formation. The chapters are organized around four domains or types of inquiry: the cognitive, the conscientized, the inscriptive, and the formative. It will be of interest to scholars of religion, as well as those interested more broadly in critical social and historical studies.

Red Power Rising

Author : Bradley G. Shreve
ISBN : 9780806184999
Genre : History
File Size : 39. 21 MB
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During the 1960s, American Indian youth were swept up in a movement called Red Power—a civil rights struggle fueled by intertribal activism. While some define the movement as militant and others see it as peaceful, there is one common assumption about its history: Red Power began with the Indian takeover of Alcatraz in 1969. Or did it? In this groundbreaking book, Bradley G. Shreve sets the record straight by tracing the origins of Red Power further back in time: to the student activism of the National Indian Youth Council (NIYC), founded in Gallup, New Mexico, in 1961. Unlike other 1960s and ’70s activist groups that challenged the fundamental beliefs of their predecessors, the students who established the NIYC were determined to uphold the cultures and ideals of their elders, building on a tradition of pan-Indian organization dating back to the early twentieth century. Their cornerstone principles of tribal sovereignty, self determination, treaty rights, and cultural preservation helped ensure their survival, for in contrast to other activist groups that came and went, the NIYC is still in operation today. But Shreve also shows that the NIYC was very much a product of 1960s idealistic ferment and its leaders learned tactics from other contemporary leftist movements. By uncovering the origins of Red Power, Shreve writes an important new chapter in the history of American Indian activism. And by revealing the ideology and accomplishments of the NIYC, he ties the Red Power Movement to the larger struggle for human rights that continues to this day both in the United States and across the globe.

America History And Life

Author :
ISBN : STANFORD:36105113213800
Genre : Dissertations, Academic
File Size : 43. 25 MB
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Article abstracts and citations of reviews and dissertations covering the United States and Canada.

Law Books Published

Author :
ISBN : IND:30000080912052
Genre : Law
File Size : 67. 51 MB
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Church State Issues In America Today Religious Convictions And Practices In Public Life

Author : Ann W. Duncan
ISBN : 0275993701
Genre : Church and state
File Size : 89. 64 MB
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Provides crucial insight into the controversies surrounding issues surrounding the separation of church and state.

Proposed Amendments To The American Indian Religious Freedom Act

Author : United States
ISBN : MINN:31951P00742757B
Genre : Freedom of religion
File Size : 69. 98 MB
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Pais Subject Headings

Author : Public Affairs Information Service
ISBN : UOM:39015065659776
Genre : Economics
File Size : 82. 82 MB
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Bowker S Law Books And Serials In Print

Author : Bowker Staff
ISBN : IND:30000004240028
Genre : Law
File Size : 58. 74 MB
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