The arbitrary Indian : the Indian Arts and Crafts Act of 1990

Book

The arbitrary Indian : the Indian Arts and Crafts Act of 1990 / Gail K. Sheffield.

Sheffield, Gail K., 1940- (Author).

Summary:

American Indian sovereignty, Indian self-identification, "authenticity" of Indian art, suppression of free expression, personal versus cultural rights - all of these issues and more are raised by the controversial Indian Arts and Crafts Act of 1990. In this provocative book, Gail K. Sheffield provides an in-depth analysis of the act, revealing its historical, legal, and social implications and exposing its fundamental flaws.

The Indian Arts and Crafts Act was enacted by Congress to prevent the fraudulent sale of arts and crafts as Indian-made when they are not. Seemingly benign in intent, the act creates false distinctions, argues Sheffield, about who or what is "Indian" or "Indian-made." "Indians" are defined by the act according only to their political status - as members of federally or state-recognized tribes, or as individuals certified by either. Excluded are artists-craftspeople who are Indian according to ancestry or sociocultural traits but not according to the statutory definition. The result, Sheffield claims, is an "arbitrary process that creates arbitrary effects."

To demonstrate the nature and extent of the controversy generated by the act, Sheffield cites the many and disparate opinions of affected American Indians in the arts and crafts industry. In the end, The Arbitrary Indian lays bare the unfortunate consequences that result when legislators fail to consider the implications of statutory language and the pitfalls of legislating ethnicity.

Record details

ISBN: 0806129697
ISBN: 9780806129693
Physical Description: viii, 223 pages ; 23 cm
Publisher: Norman : University of Oklahoma Press, ©1997.

Content descriptions

Bibliography, etc. Note:: Includes bibliographical references (pages 203-213) and index.
Formatted Contents Note:: The making of the Act -- Legal context and sovereignty -- Federal and state recognition -- The identity question -- "Real" Indians -- Civil statute (25 U.S.C. Criminal statute (18 U.S.C. Federal acknowledgment procedure (25 C.F.R. Final regulations to implement the Indian Arts and Crafts Act of 1990.