the legal ideology of removal the southern judiciary and the sovereignty of native american nations studies in the legal history of the south

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The Legal Ideology Of Removal

Author : Tim Alan Garrison
ISBN : 9780820334172
Genre : Law
File Size : 41. 31 MB
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This study is the first to show how state courts enabled the mass expulsion of Native Americans from their southern homelands in the 1830s. Our understanding of that infamous period, argues Tim Alan Garrison, is too often molded around the towering personalities of the Indian removal debate, including President Andrew Jackson, Cherokee leader John Ross, and United States Supreme Court Justice John Marshall. This common view minimizes the impact on Indian sovereignty of some little-known legal cases at the state level. Because the federal government upheld Native American self-dominion, southerners bent on expropriating Indian land sought a legal toehold through state supreme court decisions. As Garrison discusses Georgia v. Tassels (1830), Caldwell v. Alabama (1831), Tennessee v. Forman (1835), and other cases, he shows how proremoval partisans exploited regional sympathies. By casting removal as a states' rights, rather than a moral, issue, they won the wide support of a land-hungry southern populace. The disastrous consequences to Cherokees, Creeks, Choctaws, Chickasaws, and Seminoles are still unfolding. Important in its own right, jurisprudence on Indian matters in the antebellum South also complements the legal corpus on slavery. Readers will gain a broader perspective on the racial views of the southern legal elite, and on the logical inconsistencies of southern law and politics in the conceptual period of the anti-Indian and proslavery ideologies.

Treaties With American Indians An Encyclopedia Of Rights Conflicts And Sovereignty 3 Volumes

Author : Donald L. Fixico
ISBN : 9781576078815
Genre : Social Science
File Size : 21. 16 MB
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This invaluable reference reveals the long, often contentious history of Native American treaties, providing a rich overview of a topic of continuing importance. • Over 300 A–Z entries covering important treaties such as the Treaty of 1778, U.S. and Indian leaders such as Chief Justice John Marshall and Red Cloud of the Sioux, and legal decisions such as Worcester v. Georgia • 16 in-depth thematic essays providing both government and Indian perspectives on major issues, plus six essays looking at U.S.–Indian relations region by region • A complete chronology of the major events that shaped the history of Native American treaty-making • Over 100 contributors who are distinguished scholars in their field, such as Carole Greenberg and R. David Edmunds • Photographs of significant individuals, treaty sites, and artifacts

Between Indigenous And Settler Governance

Author : Lisa Ford
ISBN : 9781136195389
Genre : History
File Size : 88. 3 MB
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Between Indigenous and Settler Governance addresses the history, current development and future of Indigenous self-governance in four settler-colonial nations: Australia, Canada, New Zealand and the United States. Bringing together emerging scholars and leaders in the field of indigenous law and legal history, this collection offers a long-term view of the legal, political and administrative relationships between Indigenous collectivities and nation-states. Placing historical contingency and complexity at the center of analysis, the papers collected here examine in detail the process by which settler states both dissolved indigenous jurisdictions and left spaces – often unwittingly – for indigenous survival and corporate recovery. They emphasise the promise and the limits of modern opportunities for indigenous self-governance; whilst showing how all the players in modern settler colonialism build on a shared and multifaceted past. Indigenous tradition is not the only source of the principles and practices of indigenous self-determination; the essays in this book explore some ways that the legal, philosophical and economic structures of settler colonial liberalism have shaped opportunities for indigenous autonomy. Between Indigenous and Settler Governance will interest all those concerned with Indigenous peoples in settler-colonial nations.

American Book Publishing Record

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ISBN : STANFORD:36105111052911
Genre : Books
File Size : 56. 77 MB
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Current Publications In Legal And Related Fields

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ISBN : STANFORD:36105060305856
Genre : Bibliography
File Size : 62. 15 MB
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Journal Of Appalachian Studies

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ISBN : IND:30000092806532
Genre : Appalachian Region
File Size : 50. 63 MB
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American Indian Culture And Research Journal

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ISBN : WISC:89082369679
Genre : Indians of North America
File Size : 43. 87 MB
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Subject Guide To Books In Print

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ISBN : STANFORD:36105025888558
Genre : American literature
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Books In Print

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ISBN : UOM:39015062097749
Genre : American literature
File Size : 33. 89 MB
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Books in print is the major source of information on books currently published and in print in the United States. The database provides the record of forthcoming books, books in-print, and books out-of-print.

Forthcoming Books

Author : Rose Arny
ISBN : UOM:39015046439421
Genre : American literature
File Size : 40. 4 MB
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