Uneven ground : American Indian sovereignty and federal law Cover Image

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Uneven ground : American Indian sovereignty and federal law / by David E. Wilkins and K. Tsianina Lomawaima.

Wilkins, David E. (David Eugene), 1954- (Author). Lomawaima, K. Tsianina, 1955- (Added Author).

Summary:

Presents Native American perspectives on tribal debates with the U.S. government, discussing the doctrine of discovery, plenary power, tribal-state relations, and other related topics.

In the early 1970s, the federal government began recognizing self-determination for American Indian nations. As sovereign entities, Indian nations have been able to establish policies concerning health care, education, religious freedom, law enforcement, gaming, and taxation. Yet these gains have not gone unchallenged. Starting in the late 1980s, states have tried to regulate and profit from casino gambling on Indian lands. Treaty rights to hunt, fish, and gather remain hotly contested, and traditional religious practices have been denied protection. Tribal courts struggle with state and federal courts for jurisdiction. David E. Wilkins and K. Tsianina Lomawaima discuss how the political rights and sovereign status of Indian nations have variously been respected, ignored, terminated, and unilaterally modified by federal lawmakers as a result of the ambivalent political and legal status of tribes under western law. -- Amazon

Record details

ISBN: 0806133511
ISBN: 9780806133515
ISBN: 0806133953
ISBN: 9780806133959
Physical Description: vi, 326 pages ; 23 cm
Publisher: Norman [Okla.] : University of Oklahoma Press, ©2001.

Content descriptions

Bibliography, etc. Note:

Includes bibliographical references (pages 289-303) and index.

Formatted Contents Note:

"The Law of Nations": The Doctrine of Discovery -- "With the Greatest Respect and Fidelity": The Trust Doctrine -- "Such an Outrage": The Doctrine of Plenary Power -- "Treaties as Covenants": The Doctrine of Reserved Rights -- "Justices Who Bent the Law": The Doctrine of Implied Repeals -- "No Reasonable Plea": Disclaimers in Tribal-State Relations -- "As It Was Intended": The Doctrine of Sovereign Immunity.