The Rights of Indians and Tribes
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- Type：Epub+TxT+PDF+Mobi
- Create Date：2024-03-21 15:21:44
- Update Date：2025-09-06
- Status：finish
- Author：Stephen L. Pevar
- ISBN：0190077565
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Summary
Federal Indian Law encompasses nearly 400 Indian treaties hundreds of federal statutes and thousands of court decisions When the first edition of The Rights of Indians and Tribeswas published in 1983 it firmly established itself as the only book explaining Federal Indian Law in a clear and easy to understand way for students and practitioners of Indian law tribal advocates government officials and the general public Numerous tribal leaders highly recommend this book Incorporating a user friendly question and answer format veteran legal counsel Stephen Pevar addresses the most significant legal issues facing Indians and Indian tribes including tribal sovereignty the federal trust responsibility the regulation of non Indians on reservations Indian treaties the Indian Civil Rights Act the Indian Gaming Regulatory Act and the Indian Child Welfare Act This fully updated new edition includes a wealth of new information on recent legislation and judicial decisions and it also features an introduction by John Echohawk Executive Director of the Native American Rights Fund The Rights of Indians and Tribes first published in 1983 has sold over 100 000 copies and is the most popular resource in the field of Federal Indian Law The book which explains this complex subject in a clear and easy to understand way is particularly useful for tribal advocates government officials students practitioners of Indian law and the general public Numerous tribal leaders highly recommend this book Incorporating a user friendly question and answer format The Rights of Indians and Tribes addresses the most significant legal issues facing Indians and Indian tribes today including tribal sovereignty the federal trust responsibility the regulation of non Indians on reservations Indian treaties the Indian Civil Rights Act the Indian Gaming Regulatory Act and the Indian Child Welfare Act This fully updated new edition features an introduction by John Echohawk
Reviews
Skyler Winter
，
I found this book really interesting。 I work with tribes and I still learned a lot from this book。 I marked it up significantly with thoughts， book darts， and highlights。 I really enjoyed learning about the different things the tribes face。 The tribes are constantly facing different challenges all the time。 It was very interesting to hear how different court cases shaped the law and what has happened。 Very good if you want to learn more about Indians and their rights。
Patrick Carlin
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See Google Drive for notesInformative
Arielle W
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This is a great resource。 An excellent primer on Federal Indian Law。 It's very easy to read for a law digest type。 This was published in 2012 - from what I know it's still mostly the current law， though the caselaw has changed in a few specific areas （e。g。， I'll be interested to see the new Oklahoma section！）。 But a great starting place to turn to until we get an updated version。 This is a great resource。 An excellent primer on Federal Indian Law。 It's very easy to read for a law digest type。 This was published in 2012 - from what I know it's still mostly the current law， though the caselaw has changed in a few specific areas （e。g。， I'll be interested to see the new Oklahoma section！）。 But a great starting place to turn to until we get an updated version。 。。。more
Ryan Hill
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Extremely thick and covering the range of issues and history facing the tribes， this book is important to understand what we're facing when we talk about justice for tribes in the US。 It is also a struggle to realize just how many barriers there are and how far short we continue to fall in making any steps forward。 Extremely thick and covering the range of issues and history facing the tribes， this book is important to understand what we're facing when we talk about justice for tribes in the US。 It is also a struggle to realize just how many barriers there are and how far short we continue to fall in making any steps forward。 。。。more
Danny Boogs
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Great overview of Indian law。
Francesca Calarco
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If you are looking for a resource on U。S。 - Indian policy and law then you will be hard-pressed to find a better source than Stephen L。 Pevar’s The Rights of Indians and Tribes （4th edition）。 An update to the 3rd edition which was utilized as an ACLU guide， this volume contains invaluable information on treaties， Congressional acts， executive orders， civil law， criminal law （federal， state， and tribal）， as well as so many other pertinent topics。 While this probably will not be for the casual rea If you are looking for a resource on U。S。 - Indian policy and law then you will be hard-pressed to find a better source than Stephen L。 Pevar’s The Rights of Indians and Tribes （4th edition）。 An update to the 3rd edition which was utilized as an ACLU guide， this volume contains invaluable information on treaties， Congressional acts， executive orders， civil law， criminal law （federal， state， and tribal）， as well as so many other pertinent topics。 While this probably will not be for the casual reader as it contains a great deal of legal jargon， the one major takeaway is that Indians have specific legal rights due to treaties signed （and historically broken） by the U。S。 government; any notion that they receive “special” rights as a “gift” is laughably false and detrimental。 Furthermore， being both U。S。 citizens and members of sovereign nations， many tribal members have a ridiculously messy and complex legal system to navigate if they want justice。 A recurring theme in this volume surrounds access and control of land and resources。 The goal of nearly all treaties signed between Tribes and the U。S。 was for the U。S。 government to obtain Indian land in post-warfare negotiations。 Hunting， fishing， water rights， gaming， taxing practices and other activities on reservation land （and outside it） are expanded upon。 The pros and cons surrounding the practice of putting land into federal trusts is also explored。 More so though， I found the sections on criminal justice， or frequent lack thereof， to be especially compelling。 “A study by the Department of Justice in 1999 found that violent crime occurs more than twice as frequently per capita on Indian reservations as elsewhere， with sexual abuse against women occurring three times as frequently， and that violent crime in Indian country is increasing while decreasing nationally” （131）。 While there is a long and complex history of violence against Native Americans in the United States that have systemic ripple effects still felt today， Pevar frequently cites Oliphant v。 Suquamish Indian Tribe （1978） as a major cause for harm。 On an Indian reservation if someone commits a crime， depending on the crime they could be subject to federal， state， or tribal law。 In what was already a legal minefield， Oliphant further complicated things by rendering Indian tribes unable to prosecute non-Indians for crimes committed on a rez without Congressional consent （and Congress has not consented to this type of tribal jurisdiction）。 Grant it， while Tribes could not prosecute Major Crimes （e。g。 murder， rape， manslaughter， etc。）， this ruling still presented a major hurdle at arbitrating justice on tribal land。 Oliphant grants non-Indians something similar to diplomatic immunity that can only serve to strengthen sentiments of indigenous dehumanization。 This is what leaves many to believe that they can get away with crimes against Native Americans， and they often do。 Just last year （2018） news broke in Alaska about the man who strangled and sexually assaulted a 25-year-old Native American woman。 He was identified and confessed。 He was charged in state court。 He served zero jail time because the judge felt it would negatively impact his life。 Sometimes it seems like the justice system fails， except now I know that it’s working exactly the way it was intended， which is even more unsettling。 In terms of providing essential legal information， this book may be unprecedented。 The only reason I don’t rate it higher is that the law is constantly changing and as a result there are key rulings that are not present。 For instance， while Pevar is rightly critical of South Dakota’s attempts at voter suppression， as this volume was published in 2012 it is missing the controversial voter suppression law passed by North Dakota and upheld by the Supreme Court in 2018 （which resulted in a Republican winning a Senate seat）。 Pevar cannot be expected to be a fortune teller， though the years of legal precedent he lays out sure won’t leave anyone feeling shocked by poor rulings made in the future。 Overall， I learned so much and will continue to refer back to this book as a reference in the years to come。 If you are interested in any of the aforementioned topics I 100% recommend this volume。 Rating: 4。5 stars 。。。more
Skunk
，
This is THE best resource for Indian policy and the rights of tribes。 It gives a good frame of mind of the historical and current relationship between the US government and Native Americans。
Katherine McDade
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If you thought the Federal government was in a state of benevolence， trust， and respect for American Indian tribes after the genocide that it carried out during the Western expansion era， this overview of Federal Indian Law--succinct， well-written， and to-the-point--will reveal the continued efforts by state and federal governments to quietly continue the persecution and eventual destruction of all remaining American Indian Tribes and cultures。 Pevar will shock readers with ugly truths the Unite If you thought the Federal government was in a state of benevolence， trust， and respect for American Indian tribes after the genocide that it carried out during the Western expansion era， this overview of Federal Indian Law--succinct， well-written， and to-the-point--will reveal the continued efforts by state and federal governments to quietly continue the persecution and eventual destruction of all remaining American Indian Tribes and cultures。 Pevar will shock readers with ugly truths the United States government would like to keep secret。。。 。。。more
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