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The Indian Reorganization Act (IRA) of 1934 has been generally acknowledged as the most important statute affecting Native Americans after the General Allotment Act of 1887, and it is probably the most important single statute affecting Native Americans during the two-thirds of a century since its passage. Over half the Native governments in the contemporary U.S. are organized under its provisions or under separate statutes that parallel the IRA in major ways. Although the impact of the IRA has been widely studied and debated, no scholar until now has looked closely at the forces that shaped its creation and passage. Author Elmer Rusco spent over a decade of research in national and regional archives and other repositories to examine the legislative intent of the IRA, including the role of issues like the nature and significance of judge-made Indian law; the allotment policy and its relation to Indian self-government; the nature of Native American governments before the IRA; the views and actions of John Collier, commissioner of Indian Affairs and leader in the campaign to reform the nation’s Indian policy; and the influence of relations between the president and Congress during the second year of the New Deal. Rusco also discusses the role of conflicting ideologies and interests in this effort to expand the rights of Native Americans; the general ignorance of Native American concerns and policy on the part of legislators engaged in the writing and passage of the law; and the limited but crucial impact of Indian involvement in the struggle over the IRA.

Most people in the United States today no longer live their lives under the guidance of local institutionalized religious leadership, such as rabbis, ministers, and priests; rather, liberals and conservatives alike have taken charge of their own religious or spiritual practices. This shift, along with other social and cultural changes, has opened up a perhaps surprising space for chaplains—spiritual professionals who usually work with the endorsement of a religious community but do that work away from its immediate hierarchy, ministering in a secular institution, such as a prison, the military, or an airport, to an ever-changing group of clients of widely varying faiths and beliefs.

In A Ministry of Presence, Winnifred Fallers Sullivan explores how chaplaincy works in the United States—and in particular how it sits uneasily at the intersection of law and religion, spiritual care, and government regulation. Responsible for ministering to the wandering souls of the globalized economy, the chaplain works with a clientele often unmarked by a specific religious identity, and does so on behalf of a secular institution, like a hospital. Sullivan's examination of the sometimes heroic but often deeply ambiguous work yields fascinating insights into contemporary spiritual life, the politics of religious freedom, and the never-ending negotiation of religion's place in American institutional life.

In A New Type of Womanhood, Natasha Kirsten Kraus retells the history of the 1850s woman’s rights movement. She traces how the movement changed society’s very conception of “womanhood” in its successful bid for economic rights and rights of contract for married women. Kraus demonstrates that this discursive change was a necessary condition of possibility for U.S. women to be popularly conceived as civil subjects within a Western democracy, and she shows that many rights, including suffrage, followed from the basic right to form legal contracts. She analyzes this new conception of women as legitimate economic actors in relation to antebellum economic and demographic changes as well as changes in the legal structure and social meanings of contract.

Enabling Kraus’s retelling of the 1850s woman’s rights movement is her theory of “structural aporias,” which takes the institutional structures of any particular society as fully imbricated with the force of language. Kraus reads the antebellum relations of womanhood, contract, property, the economy, and the nation as a fruitful site for analysis of the interconnected power of language, culture, and the law. She combines poststructural theory, particularly deconstructive approaches to discourse analysis; the political economic history of the antebellum era; and the interpretation of archival documents, including woman’s rights speeches, petitions, pamphlets, and convention proceedings, as well as state legislative debates, reports, and constitutional convention proceedings. Arguing that her method provides critical insight not only into social movements and cultural changes of the past but also of the present and future, Kraus concludes A New Type of Womanhood by considering the implications of her theory for contemporary feminist and queer politics.

Felix Cohen, the lawyer and scholar who wrote TheHandbook of Federal Indian Law (1942), was enormously influential in American Indian policy making. Yet histories of the Indian New Deal, a 1934 program of Franklin D. Roosevelt’s New Deal, neglect Cohen and instead focus on John Collier, commissioner of Indian affairs within the Department of the Interior (DOI). Alice Beck Kehoe examines why Cohen, who, as DOI assistant solicitor, wrote the legislation for the Indian Reorganization Act (1934) and Indian Claims Commission Act (1946), has received less attention. Even more neglected was the contribution that Cohen’s wife, Lucy Kramer Cohen, an anthropologist trained by Franz Boas, made to the process.

Kehoe argues that, due to anti-Semitism in 1930s America, Cohen could not speak for his legislation before Congress, and that Collier, an upper-class WASP, became the spokesman as well as the administrator. According to the author, historians of the Indian New Deal have not given due weight to Cohen’s work, nor have they recognized its foundation in his liberal secular Jewish culture. Both Felix and Lucy Cohen shared a belief in the moral duty of mitzvah, creating a commitment to the “true and the just” that was rooted in their Jewish intellectual and moral heritage, and their Social Democrat principles.

A Passion for the True and Just takes a fresh look at the Indian New Deal and the radical reversal of US Indian policies it caused, moving from ethnocide to retention of Indian homelands. Shifting attention to the Jewish tradition of moral obligation that served as a foundation for Felix and Lucy Kramer Cohen (and her professor Franz Boas), the book discusses Cohen’s landmark contributions to the principle of sovereignty that so significantly influenced American legal philosophy.

A Peculiar Imbalance is the little-known history of the black experience in Minnesota in the mid-1800s, a time of dramatic change in the region. William D. Green explains how, as white progressive politicians pushed for statehood, black men who had been integrated members of the community, owning businesses and maintaining good relationships with their neighbors, found themselves denied the right to vote or to run for office in those same communities.

As Minnesota was transformed from a wilderness territory to a state, the concepts of race and ethnicity and the distinctions among them made by Anglo-Americans grew more rigid and arbitrary. A black man might enjoy economic success and a middle-class lifestyle but was not considered a citizen under the law. In contrast, an Irish Catholic man was able to vote—as could a mixed-blood Indian—but might find himself struggling to build a business because of the ethnic and religious prejudices of the Anglo-American community. A Peculiar Imbalance examines these disparities, reflecting on the political, social, and legal experiences of black men from 1837 to 1869, the year of black suffrage.

In 1935 a federal court judge handed down a ruling that could have been disastrous for Mexicans, Mexican Americans, and all Latinos in the United States. However, in an unprecedented move, the Roosevelt administration wielded the power of "administrative law" to neutralize the decision and thereby dealt a severe blow to the nativist movement. A Quiet Victory for Latino Rights recounts this important but little-known story.

To the dismay of some nativist groups, the Immigration Act of 1924, which limited the number of immigrants who could be admitted annually, did not apply to immigrants from Latin America. In response to nativist legal maneuverings, the 1935 decision said that the act could be applied to Mexican immigrants. That decision, which ruled that the Mexican petitioners were not "free white person[s]," might have paved the road to segregation for all Latinos.

The League of United Latin American Citizens (LULAC), founded in 1929, had worked to sensitize the Roosevelt administration to the tenuous position of Latinos in the United States. Advised by LULAC, the Mexican government, and the US State Department, the administration used its authority under administrative law to have all Mexican immigrants—and Mexican Americans—classified as "white." It implemented the policy when the federal judiciary "acquiesced" to the New Deal, which in effect prevented further rulings.

In recounting this story, complete with colorful characters and unlikely bedfellows, Patrick D. Lukens adds a significant chapter to the racial history of the United States. 

African Asylum at a Crossroads: Activism, Expert Testimony, and Refugee Rights examines the emerging trend of requests for expert opinions in asylum hearings or refugee status determinations. This is the first book to explore the role of court-based expertise in relation to African asylum cases and the first to establish a rigorous analytical framework for interpreting the effects of this new reliance on expert testimony.

Over the past two decades, courts in Western countries and beyond have begun demanding expert reports tailored to the experience of the individual claimant. As courts increasingly draw upon such testimony in their deliberations, expertise in matters of asylum and refugee status is emerging as an academic area with its own standards, protocols, and guidelines. This deeply thoughtful book explores these developments and their effects on both asylum seekers and the experts whose influence may determine their fate.

Contributors: Iris Berger, Carol Bohmer, John Campbell, Katherine Luongo, E. Ann McDougall, Karen Musalo, Tricia Redeker Hepner, Amy Shuman, Joanna T. Tague, Meredith Terretta, and Charlotte Walker-Said.

This book explores the history of African womanhood in colonial Kenya. By focussing on key sociocultural institutions and practices around which the lives of women were organized, and on the protracted debates that surrounded these institutions and practices during the colonial period, it investigates the nature of indigenous, mission, and colonial control of African women.

The pertinent institutions and practices include the legal and cultural status of women, clitoridectomy, dowry, marriage, maternity and motherhood, and formal education. By following the effects of the all-pervasive ideological shifts that colonialism produced in the lives of women, the study investigates the diverse ways in which a woman’s personhood was enhanced, diminished, or placed in ambiguous predicaments by the consequences, intended and unintended, of colonial rule as administered by both the colonizers and the colonized. The study thus tries to historicize the reworkings of women’s lives under colonial rule. The transformations that resulted from these reworkings involved the negotiation and redefinition of the meaning of individual liberties and of women’s agency, along with the reconceptualization of kinship relations and of community.

These changes resulted in—and often resulted from—increased mobility for Kenyan women, who were enabled to cross physical, cultural, economic, social, and psychological frontiers that had been closed to them prior to colonial rule. The conclusion to which the experiences of women in colonial Kenya points again and again is that for these women, the exercise of individual agency, whether it was newly acquired or repeatedly thwarted, depended in large measure on the unleashing of forces over which no one involved had control. Over and over, women found opportunities to act amid the conflicting policies, unintended consequences, and inconsistent compromises that characterized colonial rule.

During the early national and antebellum eras, black leaders in New York City confronted the tenuous nature of Northern emancipation. Despite the hope of freedom, black New Yorkers faced a series of sociopolitical issues including the persistence of Southern slavery, the threat of forced removal, racial violence, and the denial of American citizenship. Even efforts to create community space within the urban landscape, such as the African Burial Ground and Seneca Village, were eventually demolished to make way for the city's rapid development. In this illuminating history, Leslie M. Alexander chronicles the growth and development of black activism in New York from the formation of the first black organization, the African Society, in 1784 to the eve of the Civil War in 1861. In this critical period, black activists sought to formulate an effective response to their unequal freedom. Examining black newspapers, speeches, and organizational records, this study documents the creation of mutual relief, religious, and political associations, which black men and women infused with African cultural traditions and values.

As Alexander reveals, conflicts over early black political strategy foreshadowed critical ideological struggles that would bedevil the black leadership for generations to come. Initially, black leaders advocated racial uplift through a sense of communalism and connection to their African heritage. Yet by the antebellum era, black activists struggled to reconcile their African identity with a growing desire to gain American citizenship. Ultimately, this battle resulted in competing agendas; while some leaders argued that the black community should dedicate themselves to moral improvement and American citizenship, others began to consider emigrating to Africa or Haiti. In the end, the black leadership resolved to assert an American identity and to expand their mission for full equality and citizenship in the United States. This decision marked a crucial turning point in black political strategy, for it signaled a new phase in the quest for racial advancement and fostered the creation of a nascent Black Nationalism. 

As Americans live longer, and as the "baby boom" generation approaches retirement, the social, political, and legal needs of older citizens pose a  challenge to our institutions. One response has been the rise of "elder law." In this groundbreaking reader, Lawrence A. Frolik gathers together seminal essays on the intersection of law and issues affecting older Americans. The essays take into account not only the variety of professional perspectives but also the perspectives of individual older people, care givers, and family members.

After an introduction covering the nature of elder law, social attitudes toward the elderly, aging and ethnicity, and generational justice, the book includes sections on work, income, and wealth; housing; mental capacity; health care decision making; long-term care; health care finance; family and social issues; and abuse, neglect, victimization, and elderly criminals. It concludes with essays on legal representation and ethical issues. The essays have been edited to make them easily accessible to students and the general reader, and Professor Frolik has supplied introductions to the  sections, as well as summaries of issues for  which the essays could not be included.

Both comprehensive and  engaging, Aging and the Law brings together essays by lawyers, social workers, health care professionals, and policy makers, as well as selected case law and congressional hearings.

Are the elderly posing a threat to America's political system with their enormous clout? Are they stretching resources to the breaking point with their growing demands for care? Distinguished economist and legal scholar Richard A. Posner explodes the myth that the United States could be on the brink of gerontological disaster.

Aging and Old Age offers fresh insight into a wide range of social and political issues relating to the elderly, such as health care, crime, social security, and discrimination. From the dread of death to the inordinate law-abidingness of the old, from their loquacity to their penny-pinching, Posner paints a surprisingly rich, revealing, and unsentimental portrait of the millions of elderly people in the United States. He explores issues such as age discrimination in employment, creativity and leadership as functions of age, and the changing social status of the elderly. Why are old people, presumably with less to lose, more unwilling to take risks than young people? Why don't the elderly in the United States command the respect and affection they once did and still do in other countries? How does aging affect driving and criminal records? And how does aging relate to creativity across different careers?

This third edition brings the volume fully up to date, with consideration of the broader evolution of indigenous rights in international law and recent developments on the ground in Alaska.

In 1769, Spain took action to solidify control over its northern New World territories by establishing a series of missions and presidios in what is now modern California. To populate these remote establishments, the Spanish crown relied on Franciscan priests, whose role it was to convince the Native Californian population to abandon their traditional religious practices and adopt Catholicism. During their tutelage, the Indians of California would be indoctrinated into Spanish society, where they would learn obedience to the church and crown.
     The legal system of Southern California has been used by Anglo populations as a social and demographic tool to control Native Americans. Following the Mexican-American War and the 1849 Gold Rush, as California property values increased and transportation corridors were established, Native Americans remained a sharply declining presence in many communities, and were likely to be charged with crimes. The sentences they received were lighter than those given to Anglo offenders, indicating that the legal system was used as a means of harassment. Additionally, courts chronicled the decline of the once flourishing native populations with each case of drunkenness, assault, or rape that appeared before the bench. Nineteenth-century American society had little sympathy for the plight of Indians or for the destruction of their culture. Many believed that the Indians of Southern California would fade from history because of their inability to adapt to a changing world. While many aspects of their traditional culture have been irreparably lost, the people of southern California are, nevertheless, attempting to recreate the cultures that were challenged by the influx of Europeans and later Americans to their lands.

Drawing from forty-five years of experience, E. Richard Hart elucidates the use of history as expert testimony in American Indian tribal litigation. Such lawsuits deal with aboriginal territory; hunting, fishing, and plant gathering rights; reservation boundaries; water rights; federal recognition; and other questions that have a historical basis. The methodology necessary to assemble successful expert testimony for tribes is complex and demanding and the legal cases have serious implications for many thousands of people, perhaps for generations.

Hart, a historian who has testified in cases that have resulted in roughly a billion dollars in judgments, uses specific cases to explain at length what kind of historical research and documentation is necessary for tribes seeking to protect and claim their rights under United States law. He demonstrates the legal questions that Native Americans face by exploring the cultural history and legal struggles of six Indian nations. He recounts how these were addressed by expert testimony grounded in thorough historical understanding, research, and argumentation. The case studies focus on the Wenatchi, Coeur d’Alene, Hualapai, Amah Mutsun, Klamath, and Zuni peoples but address issues relevant to many American tribes. 

A collaborative effort from attorney general offices faced daily with legal questions involving state and tribal relations, the American Indian Law Deskbook, Fourth Edition is an up-to-date, comprehensive treatise on Indian law. The Deskbook provides readers with the necessary historical and legal framework to understand the complexities faced by states, Indian tribes, and the federal government in Indian country.

Included are:

-The evolution of federal statutory Indian law and the judicial foundations of federal Indian policy.
-An extensive compilation and analysis of federal and state court decisions.
- Reservation and Indian lands ownership and property interests.
-The parameters of criminal jurisdiction in Indian country.
-Concepts of tribal sovereignty and jurisdiction relating to a number of specific areas, including tribal courts, hunting and fishing, environmental regulation, water rights, gaming, and child welfare.
-Cooperative approaches used by the states and tribes for resolving jurisdictional disputes and promoting better relations.

Thorough, scholarly, and balanced, the American Indian Law Deskbook, Fourth Edition is an invaluable reference for a wide range of people working with Indian tribes, including attorneys, legal scholars, government officials, social workers, state and tribal jurists, and historians. This revised edition includes information from more recent court decisions, federal statutes, administrative regulations, and law reviews.

This book, the second of two volumes, examines the pressing issues that affect women—pornography, prostitution, battery, rape, pay equity, sexual harassment, motherhood, abortion, adoption, new reproductive technologies—and considers them through the lens of feminist legal theory. It features more than sixty articles by well-known legal scholars and feminists. The contributions are arranged thematically and include an introduction and comprehensive literature review by the editor. Applications of Feminist Legal Theory to Women's Lives will be a valuable text for students, a resource for scholars and policy makers, and a useful introduction for general readers.

Archiving Sovereignty shows how courts use fiction in their treatment of sovereign violence. Law's complicity with imperial and neocolonial practices occurs when courts inscribe and repeat the fabulous tales that provide an alibi for archaic sovereign acts that persist in the present. The United Kingdom's depopulation of islands in the Indian Ocean to serve the United States' neoimperial interests, Australia's exile and abandonment of refugees on remote islands, the failure to acknowledge genocidal acts or colonial dispossession, and the memorial work of the South African Constitution after apartheid are all sustained by historical fictions. This history-work of law constitutes an archive where sovereign violence is mediated, dissimulated, and sustained. Stewart Motha extends the concept of the "archive," as site of origin and source of authority, to signifying what law does in preserving and disavowing the past at the same time.

Sovereignty is often cast as a limit-concept, constituent force, determining the boundary of law. Archiving Sovereignty reverses this to explain how judicial pronouncements inscribe and sustain extravagant claims to exceptionality and sovereign solitude. This wide-ranging, critical work distinguishes between myths that sustain neocolonial orders and fictions that generate new forms of political and ethical life.

In 1863, San Francisco’s Board of Supervisors passed a law that criminalized appearing in public in “a dress not belonging to his or her sex.” Adopted as part of a broader anti-indecency campaign, the cross-dressing law became a flexible tool for policing multiple gender transgressions, facilitating over one hundred arrests before the century’s end. Over forty U.S. cities passed similar laws during this time, yet little is known about their emergence, operations, or effects. Grounded in a wealth of archival material, Arresting Dress traces the career of anti-cross-dressing laws from municipal courtrooms and codebooks to newspaper scandals, vaudevillian theater, freak-show performances, and commercial “slumming tours.” It shows that the law did not simply police normative gender but actively produced it by creating new definitions of gender normality and abnormality. It also tells the story of the tenacity of those who defied the law, spoke out when sentenced, and articulated different gender possibilities.

"At last, she arrives at the fatal end of the plank . . . and, with her hands crossed over her chest, falls straight downward, suspended for a moment in the air before being devoured by the burning pit that awaits her. . . ." This grisly 1829 account by Pierre Dubois demonstrates the usual European response to the Hindu custom of satis sacrificing themselves on the funeral pyres of their husbands—horror and revulsion. Yet to those of the Hindu faith, not least the satis themselves, this act signals the sati's sacredness and spiritual power.

Ashes of Immortality attempts to see the satis through Hindu eyes, providing an extensive experiential and psychoanalytic account of ritual self-sacrifice and self-mutilation in South Asia. Based on fifteen years of fieldwork in northern India, where the state-banned practice of sati reemerged in the 1970s, as well as extensive textual analysis, Weinberger-Thomas constructs a radically new interpretation of satis. She shows that their self-immolation transcends gender, caste and class, region and history, representing for the Hindus a path to immortality.