19 books match the query 'Indigenous Law & Legal Systems'
Sangita Chari and Jaime M. N. Lavallee
Oregon State University Press, 2013
Joseph Pugliese
Duke University Press, 2020
Edited by Les Field, Cristóbal Gnecco, and Joe Watkins
University of Arizona Press, 2016
Justin B. Richland
University of Chicago Press, 2021
Charles E. Cleland
University of Michigan Press, 2011
Edited by James M. McClurken
Michigan State University Press, 2000
On 13 August 1990 members of the Mille Lacs Band of Ojibwe filed a lawsuit against the State of Minnesota for interfering with the hunting, fishing, and gathering rights that had been guaranteed to them in an 1837 treaty with the United States. In order to interpret the treaty the courts had to consider historical circumstances, the intentions of the parties, and the treaty's implementation. The Mille Lacs Band faced a mammoth challenge. How does one argue the Native side of the case when all historical documentation was written by non- Natives? The Mille Lacs selected six scholars to testify for them. Published here for the first time, Charles Cleland, James McClurken, Helen Tanner, John Nichols, Thomas Lund, and Bruce White discuss the circumstances under which the treaty was written, the personalities involved in the negotiations and the legal rhetoric of the times, as well as analyze related legal conflicts between Natives and non- Natives. Justice Sandra Day O'Connor delivered the 1999 Opinion of the [United States Supreme] Court.
Shiri Pasternak
University of Minnesota Press, 2017
Western Political Science Association's Clay Morgan Award for Best Book in Environmental Political Theory
Canadian Studies Network Prize for the Best Book in Canadian Studies
Nominated for Best First Book Award at NAISA
Honorable Mention: Association for Political and Legal Anthropology Book Prize
Since Justin Trudeau’s election in 2015, Canada has been hailed internationally as embarking on a truly progressive, post-postcolonial era—including an improved relationship between the state and its Indigenous peoples. Shiri Pasternak corrects this misconception, showing that colonialism is very much alive in Canada. From the perspective of Indigenous law and jurisdiction, she tells the story of the Algonquins of Barriere Lake, in western Quebec, and their tireless resistance to federal land claims policy.
Grounded Authority chronicles the band’s ongoing attempts to restore full governance over its lands and natural resources through an agreement signed by settler governments almost three decades ago—an agreement the state refuses to fully implement. Pasternak argues that the state’s aversion to recognizing Algonquin jurisdiction stems from its goal of perfecting its sovereignty by replacing the inherent jurisdiction of Indigenous peoples with its own, delegated authority. From police brutality and fabricated sexual abuse cases to an intervention into and overthrow of a customary government, Pasternak provides a compelling, richly detailed account of rarely documented coercive mechanisms employed to force Indigenous communities into compliance with federal policy.
A rigorous account of the incredible struggle fought by the Algonquins to maintain responsibility over their territory, Grounded Authority provides a powerful alternative model to one nation’s land claims policy and a vital contribution to current debates in the study of colonialism and Indigenous peoples in North America and globally.
John N. Low
Michigan State University Press, 2016
Alan R Parker
Michigan State University Press, 2018
Edited by J. Anthony Paredes and Judith Knight
University of Alabama Press, 2012
Tracing identity, law, and legacy in an inheritance dispute that reveals the intersection of two cultural and legal systems: Creek Indian and Euro-American.
In 1846, in the Chancery Court of Mobile, Alabama, William “Red Eagle” Weatherford’s son, by the Indian woman Supalamy, sued his half siblings fathered by Weatherford with two other Creek women, Polly Moniac and Mary Stiggins, for a greater share of Weatherford’s estate. While the court recognized William Jr. as the son of William Sr., he nevertheless lost his petition for inheritance due to the lack of legal evidence concerning the marriage of his biological mother to William Sr. The case, which went to the Alabama Supreme Court in 1851, provides a record of an attempt to interrelate and, perhaps, manipulate differences in cultures as they played out within the ritualized, arcane world of antebellum Alabama jurisprudence.
Although the case has value in the classic mold of salvage ethnography of Creek Indian culture, Red Eagle’s Children, edited by J. Anthony Paredes and Judith Knight, shows that its more enduring value lies in being a source for historical ethnography—that is, for anthropological analyses of cultural dynamics of the past events that complement the narratives of professional historians.
CONTRIBUTORS: David I. Durham / Robbie Ethridge / Judith Knight / J. Anthony Paredes / Paul M. Pruitt Jr. / Nina Gail Thrower / Robert Thrower / Gregory A. Waselkov
Edited by Rebecca M. Webster and Lois Stevens
University of Wisconsin Press, 2026
This indispensable and unique volume is at once a history of and a pathfinder for the future of the Great Law, the governing principles behind the long-standing Haudenosaunee Confederacy. Focused on the Duck Creek Oneida people of Wisconsin, Seeds of Tomorrow draws together a wide range of tribal voices, from elders and community members to young people and academic experts. This collection chronicles the history of the Haudenosaunee Confederacy’s revolutionary governing principles, outlines the current state of tribal government, and proposes a vision for a political future that draws on traditional Indigenous practices and knowledge. This guide toward stronger sovereignty, revitalized community ties, and a healthier and more self-determined future based on traditional structures of governance is indigenization in practice: a model not just for Duck Creek Oneida but for Indigenous nations everywhere.
Contributors: Kenzie Allen, Marley Atkinson, Marena Bridges, Robert “Bob” Brown, Breann Clark, Julie Clark, Carol Cornelius, Margaret Cornelius, Randy Cornelius, Michele Doxtater, Richard “Lotni” Elm-Hill, Jennifer “Jen” Falck, William Gollnick, Joie Guiterrez, Gerald L. Hill, Jo Anne House, Toni M. House, Nicholas Metoxen, Paul Ninham, Saniya Ninham, John III Powless, Mark Powless, Nina Powless, Artley Skenandore, Lois Stevens, Vernon Stevens, Amelia “Mia” Webster, Grace Webster, Hunter D. Webster, Rebecca M. Webster, Arthur Wilbur, Jameson Wilson
David J. Carlson
University of Illinois Press, 2005
Carlson argues that by drawing on the conventions of early colonial treaty-making, nineteenth- and early twentieth-century Indian autobiographers sought to adapt and redefine the terms of Indian law as a way to assert specific property-based and civil rights. Focusing primarily on the autobiographical careers of two major writers (William Apess and Charles Eastman), Sovereign Selves traces the way that their sustained engagement with colonial legal institutions gradually enabled them to produce a new rhetoric of "Indianness."

Eric Cheyfitz
Duke University Press, 0
This wide-ranging collection addresses the political possibilities of Western law and the international meanings of sovereignty and Indigeneity. One essay analyzes the autonomous government through which local citizens in Indigenous Zapatista communities in Mexico hope to dissolve systems of top-down sovereignty altogether. Another explores narratives of Native American law and the treatment of sovereignty in contemporary Mohawk visual culture. Several essays discuss the legal and political implications of the field’s pivotal public documents, including the 2007 U.N. Declaration on the Rights of Indigenous Peoples.
Eric Cheyfitz is the Ernest I. White Professor of American Studies and Humane Letters in the Department of English at Cornell University. N. Bruce Duthu is the Samson Occom Professor of Native American Studies and Chair of the Native American Studies Program at Dartmouth College. Shari M. Huhndorf is Associate Professor of English at the University of Oregon.
Contributors: Christine Black, Eric Cheyfitz, Gordon Christie, Chris Cunneen, Jonathan Goldberg-Hiller, Lorie M. Graham, Roy M. Huhndorf, Shari M. Huhndorf, Forrest Hylton, Mara Kaufman, Alvaro Reyes, Jolene Rickard, Carlos Salinas, Noenoe K. Silva, Cheryl Suzack, Siegfried Wiessner
Eric Cheyfitz
University of Minnesota Press, 2024
A guide to the colonization and projected decolonization of Native America
In The Colonial Construction of Indian Country, Eric Cheyfitz mounts a pointed historical critique of colonialism through careful analysis of the dialogue between Native American literatures and federal Indian law. Illuminating how these literatures indict colonial practices, he argues that if the decolonization of Indian country is to be achieved, then federal Indian law must be erased and replaced with independent Native nation sovereignty—because subordinate sovereignty, the historical regime, is not sovereignty at all.
At the same time, Cheyfitz argues that Native American literatures, specifically U.S. American Indian literatures, cannot be fully understood without a knowledge of U.S. federal Indian law: the matrix of colonialism in Indian country. Providing intersectional readings of a range of literary and legal texts, he discusses such authors as Louise Erdrich, Frances Washburn, James Welch, Gerald Vizenor, Simon Ortiz, Leslie Marmon Silko, and others. Cheyfitz examines how American Indian writers and critics have responded to the impact of law on Native life, revealing recent trends in Native writing that build upon traditional modes of storytelling and governance.
With a focus on resistance to the colonial regime of federal Indian law, The Colonial Construction of Indian Country not only elucidates how Native American literatures and federal Indian law are each crucial to any reading of the other, it also guides readers to better understand the genocidal assault on Indigenous peoples by Western structures of literacy, politics, and law.
Erik M. Redix
Michigan State University Press, 2014
Jill Doerfler
Michigan State University Press, 2015
Edited by Marianne O. Nielsen and Karen Jarratt-Snider
University of Arizona Press, 2020
Rebecca M. Webster
Michigan State University Press, 2022
Donald L. Fixico
University of Arizona Press, 2026
What does tribal sovereignty really mean—and why does it matter today?
Accessibly written for the nonspecialist, acclaimed historian Donald L. Fixico unpacks the complex history and legal foundations of tribal sovereignty in the United States. From traditional Native governance to landmark treaties, federal laws, and court cases, Fixico guides readers through the evolution of tribal self-rule and its modern expressions—from tribal constitutions to license plates and casinos. Designed for students, educators, tribal members, and professionals alike, this book offers a clear, compelling introduction to one of the most important—and often misunderstood—concepts in American Indian affairs.
This book is a go-to source for understanding the federal Indian laws, treaties, and court cases simplified to explain tribal sovereignty.