The Indian Civil Rights Act at Forty

ISBN 13: 9780935626674

The Indian Civil Rights Act at Forty

0 avg rating
( 0 ratings by Goodreads )
 
9780935626674: The Indian Civil Rights Act at Forty

Literary Nonfiction. Native American Studies. Edited by Kristen A. Carpenter, Matthew L.M. Fletcher, and Angela R. Riley. Congress passed the Indian Civil Rights Act of 1968 (ICRA) to address civil rights in Indian country. ICRA extended select, tailored provisions of the Bill of Rights—including equal protection, due process, free speech and religious exercise, criminal procedure, and property rights—to tribal governments. But, with the exception of the writ of habeas corpus, Congress did not establish a federal enforcement mechanism for violations of the Act, nor did it abrogate tribal sovereign immunity. Thus, ICRA has been interpreted and enforced almost exclusively by Indian tribes and their courts.

This collection of essays, gathered on the fortieth anniversary of ICRA, provides for the first time a summary and critical analysis of how Indian tribes interpret and apply these important civil rights provisions in our contemporary world. The authors have found that, while informed by ICRA and the dominant society's conception of individual rights, Indian nations are ultimately adapting and interpreting ICRA in ways consistent with their own tribal traditions and beliefs. In some respects, ICRA parallels the broader experiences of tribes over the past forty years—a period of growth, revitalization, and self-determination for many Indian nations.

"synopsis" may belong to another edition of this title.

About the Author:

Kristen A. Carpenter is Associate Dean for Faculty Development and Associate Professor of Law at the University of Colorado Law School.

Matthew L.M. Fletcher (Grand Traverse Band of Ottawa and Chippewa Indians) is Professor of Law at Michigan State University College of Law and Director of the Indigenous Law and Policy Center.

Angela R. Riley (Citizen Potawatomi Nation) is Professor of Law and Director of the American Indian Studies Center, University of California, Los Angeles.

Review:

One of the most perplexing conundrums for American jurists is the notion that there could be any government within the United States that is not bound by the United States Constitution's Bill of Rights. The Indian Civil Rights Act of 1968 is the perceived antidote to the problem: a federal statute that imposes equivalent limitations upon tribal governments. Or does it? This volume skillfully interrogates the essence of "civil rights" in Indian country through a fascinating set of essays exploring the pervasive misunderstandings about "Indian civil rights," the tribal court context for developing norms of due process, equal protection and other civil liberties, and the political battles that surround recognition of civil rights in Indian country. The work invokes the tools of legal history, jurisprudence, and doctrinal analysis to evaluate the impact of the Indian Civil Rights Act, forty years after it was instilled within federal Indian law. This is a momentous work by many of the leading scholars and practitioners within our field and it is certain to provoke a much-needed discussion about rights and responsibilities for Native nations and their citizens, as well as the federal and state governments that interact with them. --Rebecca Tsosie, Willard H. Pedrick Distinguished Research Scholar and Professor of Law, Arizona State University, Sandra Day O Connor College of Law

This book provides a thorough and insightful examination of the forty-year legacy of the Indian Civil Right Act. With contributions from leading scholars, the book includes powerful personal narratives from tribal community members and civil rights advocates, making for a work that truly illuminates the Act's theoretical, doctrinal, and human aspects. The Indian Civil Rights Act at Forty is a critical tool for anyone researching the areas of American Indian equal protection, due process, religious freedoms, and free speech, as well as tribal law and governance, self-determination, and human rights. --Stacy L. Leeds, Dean and Professor, University of Arkansas School of Law

The intersection of civil rights and Indian tribal sovereignty is one of the most important but least understood areas in the field of American Indian law. The authors of this book intelligently and insightfully explore the effect of the 1968 Indian Civil Rights Act on allegations of sex and race discrimination, as well as freedom of speech and religion under tribal law. Also revealed is the effect of the misguided provisions that crippled tribal criminal justice systems by gutting their authority and replacing it with state criminal jurisdiction in Indian country in many states. A fascinating chapter relates the inside and little-known history of the US Justice Department's sometimes aggressive use of the ICRA to undermine tribal governments, while failing to protect individual Indians from state and local discrimination under generally applicable civil rights statutes.
The book is must reading for those who hope to understand the complex relationship between tribal law and individual rights, and the federal Indian Civil Rights Act. It not only is first-rate scholarship, but provides empirical insight into the operation of modern tribal justice systems and those subject to their authority. One can only hope that current members of the Supreme Court and all federal judges dealing with Indian law matters take the opportunity to learn from the diverse scholarship and points of view presented. --Robert T. Anderson, Director and Professor, Native American Law Center, University of Washington School of Law

"About this title" may belong to another edition of this title.

Top Search Results from the AbeBooks Marketplace

1.

Carpenter, Kristen A. (edt); Riley, Angela R. (edt); Fletcher, Matthew L. M. (edt)
ISBN 10: 0935626670 ISBN 13: 9780935626674
New Quantity Available: 2
Seller:
GreatBookPrices
(Columbia, MD, U.S.A.)
Rating
[?]

Book Description Book Condition: New. Bookseller Inventory # 16545995-n

More Information About This Seller | Ask Bookseller a Question

Buy New
US$ 28.15
Convert Currency

Add to Basket

Shipping: US$ 2.64
Within U.S.A.
Destination, Rates & Speeds

2.

Carpenter, Kristen
Published by Small Pr Distribution (2012)
ISBN 10: 0935626670 ISBN 13: 9780935626674
New Quantity Available: 2
Seller:
Paperbackshop-US
(Wood Dale, IL, U.S.A.)
Rating
[?]

Book Description Small Pr Distribution, 2012. PAP. Book Condition: New. New Book. Shipped from US within 10 to 14 business days. Established seller since 2000. Bookseller Inventory # KB-9780935626674

More Information About This Seller | Ask Bookseller a Question

Buy New
US$ 28.66
Convert Currency

Add to Basket

Shipping: US$ 3.99
Within U.S.A.
Destination, Rates & Speeds

3.

Published by UCLA American Indian Studies Center, United States (2012)
ISBN 10: 0935626670 ISBN 13: 9780935626674
New Paperback Quantity Available: 1
Seller:
The Book Depository US
(London, United Kingdom)
Rating
[?]

Book Description UCLA American Indian Studies Center, United States, 2012. Paperback. Book Condition: New. Language: English . Brand New Book. Literary Nonfiction. Native American Studies. Edited by Kristen A. Carpenter, Matthew L.M. Fletcher, and Angela R. Riley. Congress passed the Indian Civil Rights Act of 1968 (ICRA) to address civil rights in Indian country. ICRA extended select, tailored provisions of the Bill of Rights including equal protection, due process, free speech and religious exercise, criminal procedure, and property rights to tribal governments. But, with the exception of the writ of habeas corpus, Congress did not establish a federal enforcement mechanism for violations of the Act, nor did it abrogate tribal sovereign immunity. Thus, ICRA has been interpreted and enforced almost exclusively by Indian tribes and their courts. This collection of essays, gathered on the fortieth anniversary of ICRA, provides for the first time a summary and critical analysis of how Indian tribes interpret and apply these important civil rights provisions in our contemporary world. The authors have found that, while informed by ICRA and the dominant society s conception of individual rights, Indian nations are ultimately adapting and interpreting ICRA in ways consistent with their own tribal traditions and beliefs. In some respects, ICRA parallels the broader experiences of tribes over the past forty years a period of growth, revitalization, and self-determination for many Indian nations. Bookseller Inventory # AAS9780935626674

More Information About This Seller | Ask Bookseller a Question

Buy New
US$ 42.23
Convert Currency

Add to Basket

Shipping: FREE
From United Kingdom to U.S.A.
Destination, Rates & Speeds

4.

Published by UCLA American Indian Studies Center, United States (2012)
ISBN 10: 0935626670 ISBN 13: 9780935626674
New Paperback Quantity Available: 1
Seller:
The Book Depository
(London, United Kingdom)
Rating
[?]

Book Description UCLA American Indian Studies Center, United States, 2012. Paperback. Book Condition: New. Language: English . Brand New Book. Literary Nonfiction. Native American Studies. Edited by Kristen A. Carpenter, Matthew L.M. Fletcher, and Angela R. Riley. Congress passed the Indian Civil Rights Act of 1968 (ICRA) to address civil rights in Indian country. ICRA extended select, tailored provisions of the Bill of Rights including equal protection, due process, free speech and religious exercise, criminal procedure, and property rights to tribal governments. But, with the exception of the writ of habeas corpus, Congress did not establish a federal enforcement mechanism for violations of the Act, nor did it abrogate tribal sovereign immunity. Thus, ICRA has been interpreted and enforced almost exclusively by Indian tribes and their courts. This collection of essays, gathered on the fortieth anniversary of ICRA, provides for the first time a summary and critical analysis of how Indian tribes interpret and apply these important civil rights provisions in our contemporary world. The authors have found that, while informed by ICRA and the dominant society s conception of individual rights, Indian nations are ultimately adapting and interpreting ICRA in ways consistent with their own tribal traditions and beliefs. In some respects, ICRA parallels the broader experiences of tribes over the past forty years a period of growth, revitalization, and self-determination for many Indian nations. Bookseller Inventory # AAS9780935626674

More Information About This Seller | Ask Bookseller a Question

Buy New
US$ 43.64
Convert Currency

Add to Basket

Shipping: FREE
From United Kingdom to U.S.A.
Destination, Rates & Speeds

5.

Kristen Carpenter, Matthew L M Fletcher, Angela Riley
Published by UCLA American Indian Studies Center
ISBN 10: 0935626670 ISBN 13: 9780935626674
New Paperback / softback Quantity Available: 2
Seller:
THE SAINT BOOKSTORE
(Southport, United Kingdom)
Rating
[?]

Book Description UCLA American Indian Studies Center. Paperback / softback. Book Condition: new. BRAND NEW, The Indian Civil Rights ACT at Forty, Kristen Carpenter, Matthew L M Fletcher, Angela Riley. Bookseller Inventory # B9780935626674

More Information About This Seller | Ask Bookseller a Question

Buy New
US$ 39.65
Convert Currency

Add to Basket

Shipping: US$ 9.17
From United Kingdom to U.S.A.
Destination, Rates & Speeds

6.

Kristen A Carpenter, Matthew L. M Fletcher, Angela R Riley
Published by UCLA American Indian Studies Center, Los Angeles, Calif.
ISBN 10: 0935626670 ISBN 13: 9780935626674
New paperback Quantity Available: 1
Seller:
Blackwell's
(Oxford, OX, United Kingdom)
Rating
[?]

Book Description UCLA American Indian Studies Center, Los Angeles, Calif. paperback. Book Condition: New. Bookseller Inventory # 9780935626674

More Information About This Seller | Ask Bookseller a Question

Buy New
US$ 45.92
Convert Currency

Add to Basket

Shipping: US$ 7.93
From United Kingdom to U.S.A.
Destination, Rates & Speeds

7.

Kristen A. Carpenter/ Matthew L.M. Fletcher/ Angela R. Riley
Published by UCLA American Indian Studies Center (2012)
ISBN 10: 0935626670 ISBN 13: 9780935626674
New Paperback Quantity Available: 2
Seller:
Revaluation Books
(Exeter, United Kingdom)
Rating
[?]

Book Description UCLA American Indian Studies Center, 2012. Paperback. Book Condition: Brand New. 358 pages. 8.90x5.90x1.10 inches. In Stock. Bookseller Inventory # z-0935626670

More Information About This Seller | Ask Bookseller a Question

Buy New
US$ 46.83
Convert Currency

Add to Basket

Shipping: US$ 7.93
From United Kingdom to U.S.A.
Destination, Rates & Speeds

8.

Published by UCLA American Indian Studies Center (2012)
ISBN 10: 0935626670 ISBN 13: 9780935626674
New Paperback Quantity Available: 1
Seller:
Irish Booksellers
(Rumford, ME, U.S.A.)
Rating
[?]

Book Description UCLA American Indian Studies Center, 2012. Paperback. Book Condition: New. book. Bookseller Inventory # M0935626670

More Information About This Seller | Ask Bookseller a Question

Buy New
US$ 63.70
Convert Currency

Add to Basket

Shipping: FREE
Within U.S.A.
Destination, Rates & Speeds

9.

Published by UCLA American Indian Studies C (2012)
ISBN 10: 0935626670 ISBN 13: 9780935626674
New Paperback Quantity Available: 2
Seller:
Murray Media
(North Miami Beach, FL, U.S.A.)
Rating
[?]

Book Description UCLA American Indian Studies C, 2012. Paperback. Book Condition: New. Never used!. Bookseller Inventory # P110935626670

More Information About This Seller | Ask Bookseller a Question

Buy New
US$ 70.71
Convert Currency

Add to Basket

Shipping: US$ 1.99
Within U.S.A.
Destination, Rates & Speeds