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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. 

In Recognition Odysseys, Brian Klopotek explores the complicated relationship between federal tribal recognition policy and American Indian racial and tribal identities. He does so by comparing the experiences of three central Louisiana tribes that have petitioned for federal acknowledgment: the Tunica-Biloxi Tribe (recognized in 1981), the Jena Band of Choctaws (recognized in 1995), and the Clifton-Choctaws (currently seeking recognition). Though recognition has acquired a transformational aura, seemingly able to lift tribes from poverty and cultural decay to wealth and revitalization, these three cases reveal a more complex reality.

Klopotek describes the varied effects of the recognition process on the social and political structures, community cohesion, cultural revitalization projects, identity, and economic health of each tribe. He emphasizes that recognition policy is not the only racial project affecting Louisiana tribes. For the Tunica-Biloxis, the Jena Band of Choctaws, and the Clifton-Choctaws, discourses around blackness and whiteness have shaped the boundaries of Indian identity in ways that have only begun to be explored. Klopotek urges scholars and officials from the Bureau of Indian Affairs (BIA) to acknowledge the multiple discourses and viewpoints influencing tribal identities. At the same time, he puts tribal recognition in broader perspective. Indigenous struggles began long before the BIA existed, and they will continue long after it renders any particular recognition decision.

An insightful and informative look into the Waccamaw Siouan's quest for identity and survival

Waccamaw Legacy: Contemporary Indians Fight for Survival sheds light on North Carolina Indians by tracing the story of the now state-recognized Waccamaw Siouan tribe from its beginnings in the Southeastern United States, through their first contacts with Europeans, and into the 21st century, detailing the struggles these Indians have endured over time. We see how the Waccamaw took hold of popular theories about Indian tribes like the Croatan of the Lost Colony and the Cherokee as they struggled to preserve their heritage and to establish their identity.

Patricia Lerch was hired by the Waccamaw in 1981 to perform the research needed to file for recognition under the Bureau of Indian Affairs Federal Acknowledgement Program of 1978. The Waccamaw began to organize powwows in 1970 to represent publicly their Indian heritage and survival and to spread awareness of their fight for cultural preservation and independence. Lerch found herself understanding that the powwows, in addition to affirming identity, revealed important truths about the history of the Waccamaw and the ways they communicate and coexist.

Waccamaw Legacy outlines Lerch’s experience as she played a vital role in the Waccamaw Siouan's continuing fight for recognition and acceptance in contemporary society and culture.