Law in Early America

2018 ◽  
Author(s):  
Sally Hadden
Keyword(s):  
Native American ◽  
Native Americans ◽  
18Th Century ◽  
Common Law ◽  
Geographic Area ◽  
Early America ◽  
Legal Traditions ◽  
Law Merchant ◽  
Lex Mercatoria ◽  
Many Sources

Law in early America came from many sources. To focus exclusively on the English common law excludes other vital sources including (but not limited to) civil law, canon law, lex mercatoria (the law merchant), and custom. Also, the number of sources increases the farther back in time one goes and the greater the geographic area under consideration. By the 18th century, common law had come to dominate, but not snuff out, other competing legal traditions, in part due to the numerical, political, military, and linguistic advantages of its users. English colonists were well-acquainted with the common law, but after arriving in the New World, the process of adaptation to new experiences and new surroundings meant that English common law would undergo numerous alterations. Colonists in early America had to create legal explanations for the dispossession of Native American land and the appropriation of labor by enslaved Native Americans and Africans. Their colonial charters provided that all colonial law must conform to English law, but deviations began to appear in several areas almost from the first moment of colonization. When controversies arose within the colonies, not all disagreements were settled in courts: churches and merchants provided alternative settings to arbitrate disputes. In part, other groups provided mediation because there were so few trained lawyers and judges available in 17th-century colonies. By the 18th century, however, the number of trained practitioners increased, and the sophistication of legal knowledge in the colonies grew. The majority of legal work handled by colonial lawyers concerned contracts and property. Law and the language of rights became more widely used by early Americans as the English attempted to tighten their control over the colonists in the mid-18th century. Rights and law became firmly linked with the Revolution in the minds of Americans, so much so that law, rights, and the American Revolution continue to form an integral part of American national identity.

Lives in Objects

2017 ◽  
Author(s):  
Jessica Yirush Stern
Keyword(s):  
Native American ◽  
Native Americans ◽  
Free Market ◽  
Early America ◽  
Gift Giving ◽  
Commodity Exchange ◽  
Market Values ◽  
Deerskin Trade ◽  
British Perspective ◽  
Southeastern Indians

The Lives in Objects presents a thoroughly researched and engaging study of the deerskin trade in the colonial Southeast, which is equally attentive to British American and Southeastern Indian cultures of production, distribution, and the consumption of goods. It challenges long-standing assumptions about Native American and European economic cultures in Early America, particularly the dichotomy that other scholars have drawn between gift-giving (associated with native pre-capitalist economies) and commodity exchange (associated with colonial market economies). This interpretation has tended to cast Native Americans as unwitting victims drawn into and made dependent on a trans-Atlantic marketplace. This book complicates that picture by showing how both sides (Southeastern Indian and British American) mixed gift-giving and commodity exchange in the deerskin trade, so much so that Southeastern Indians retained much greater agency as producers and consumers than the standard scholarly interpretation accords them. The result is a much more nuanced view of the trade and its impact on the economic and material lives of Southeastern Indian and British individuals. In this pursuit, this book also complicates the deerskin trade from the British perspective, showing that royal and colonial governments were not as willing to embrace modern free market values as we might assume.

scholarly journals Genomic insight into the origins and dispersal of the Brazilian coastal natives

2020 ◽  
Vol 117 (5) ◽  
pp. 2372-2377 ◽  
Author(s):  
Marcos Araújo Castro e Silva ◽  
Kelly Nunes ◽  
Renan Barbosa Lemes ◽  
Àlex Mas-Sandoval ◽  
Carlos Eduardo Guerra Amorim ◽  
...  
Keyword(s):  
Native American ◽  
Native Americans ◽  
18Th Century ◽  
Atlantic Coast ◽  
Brazilian Coast ◽  
15Th Century ◽  
Native Populations ◽  
Show Evidence ◽  
Amazonian Region ◽  
Insight Into

In the 15th century, ∼900,000 Native Americans, mostly Tupí speakers, lived on the Brazilian coast. By the end of the 18th century, the coastal native populations were declared extinct. The Tupí arrived on the east coast after leaving the Amazonian basin ∼2,000 y before present; however, there is no consensus on how this migration occurred: toward the northern Amazon and then directly to the Atlantic coast, or heading south into the continent and then migrating to the coast. Here we leveraged genomic data from one of the last remaining putative representatives of the Tupí coastal branch, a small, admixed, self-reported Tupiniquim community, as well as data of a Guaraní Mbyá native population from Southern Brazil and of three other native populations from the Amazonian region. We demonstrated that the Tupiniquim Native American ancestry is not related to any extant Brazilian Native American population already studied, and thus they could be considered the only living representatives of the extinct Tupí branch that used to settle the Atlantic Coast of Brazil. Furthermore, these data show evidence of a direct migration from Amazon to the Northeast Coast in pre-Columbian time, giving rise to the Tupí Coastal populations, and a single distinct migration southward that originated the Guaraní people from Brazil and Paraguay. This study elucidates the population dynamics and diversification of the Brazilian natives at a genomic level, which was made possible by recovering data from the Brazilian coastal population through the genomes of mestizo individuals.

Native American Networks

2019 ◽  
Author(s):  
Chad Anderson
Keyword(s):  
Native American ◽  
Native Americans ◽  
North America ◽  
Great Plains ◽  
18Th Century ◽  
Cultural Beliefs ◽  
Natural World ◽  
Colonial Period ◽  
Native Peoples ◽  
Native North America

Networks describe how people and places are connected. In Native North America, these connections took the form of kinship, trade, and various forms of alliance—all of which overlapped in ways that make it impossible to analyze one category without considering the others. At a basic level, all of these networks depended on the communication of information, which circulated as fact and rumor across the continent. Varying by region and topography, Native peoples traveled by canoe, foot, and (from the colonial period onward) horseback along trail networks that linked diverse Native American towns and facilitated both continental and transatlantic trade and communication. The study of networks, whether in the form of trade, kinship, or Native-defined alliances, allows historians to transcend typical boundaries of analysis, such as borders drawn by European cartographers. Throughout the 18th century and even into the 19th century, these borders were fictions, as Native Americans continued to control much of the continent. An abundance of archaeological evidence reveals the exchange networks that spread material items and cultural beliefs long before the colonial period. Some of the most well-known pre-Columbian networks involved agriculturalist settlements often grouped under the label “Mississippian,” which thrived along the Mississippi and its tributaries from approximately the 11th through 16th centuries. But other networks crisscrossed the continent, from the Great Plains to the Southwest. These long-existing but shifting networks facilitated the later spread of European trade goods. To varying degrees, following the arrival of Europeans, Native peoples participated in a new system of exchange, capitalism, which commodified the natural world and has drawn considerable attention from scholars. Political power in Native North America was dynamic, organized by kinship networks that were both local and regional in importance. Families belonged to larger groups known as clans, which facilitated connections beyond the village. Typically, Native peoples traced these clan origins to some other-than-human ancestor. Kinship did not necessarily represent biological connections. Through ceremonies, Native peoples created what scholars call “fictive kinship” to create networks across distances and even into Euro-American communities.

Native American sports mascots activate negative stereotypes about contemporary Native Americans

2011 ◽  
Author(s):  
Elizabeth Focella ◽  
Jessica Whitehead ◽  
Jeff Stone ◽  
Stephanie Fryberg ◽  
Rebecca Covarrubias
Keyword(s):  
Native American ◽  
Native Americans ◽  
Negative Stereotypes

Native Americans and the Third World Strike at UC Berkeley

2019 ◽  
Vol 42 (2) ◽  
pp. 32-39
Author(s):  
LaNada War Jack
Keyword(s):  
Native American ◽  
Native Americans ◽  
Personal Experience ◽  
Third World ◽  
Leadership Roles ◽  
The Third ◽  
The Creation ◽  
The 1960S ◽  
The Third World ◽  
The University

The author reflects on her personal experience as a Native American at UC Berkeley in the 1960s as well as on her activism and important leadership roles in the 1969 Third World Liberation Front student strike, which had as its goal the creation of an interdisciplinary Third World College at the university.

Indian Genocide – A Study Through The Works of Elizabeth Cook-Lynn

2018 ◽  
Vol 6 (9) ◽  
pp. 5
Author(s):  
Poonam Chourey
Keyword(s):  
Native American ◽  
Native Americans ◽  
South Dakota ◽  
Native People ◽  
The South ◽  
The People ◽  
Freedom Fighters ◽  
Purpose Of Business ◽  
Wounded Knee ◽  
Shed Light

The research expounded the turmoil, uproar, anguish, pain, and agony faced by native Indians and Native Americans in the South Dakota region.  To explain the grief, pain and lamentation, this research studies the works of Elizabeth Cook-Lyn.  She laments for the people who died and also survived in the Wounded Knee Massacre.  The people at that time went through huge exploitation and tolerated the cruelty of American Federal government. This research brings out the unchangeable scenario of the Native Americans and Native Indians.  Mr. Padmanaban shed light on the works of Elizabeth Cook-Lynn who was activist.  Mr. Padmanaban is very influenced with Elizabeth Cook-Lynn’s thoughts and works. She hails from Sioux Community, a Native American.  She was an outstanding and exceptional scholar.  She experienced the agony and pain faced by the native people.  The researcher, Mr. Padmanaban is concerned the sufferings, agony, pain faced by the South Dakota people at that time.  The researcher also is acknowledging the Indian freedom fighters who got India independence after over 200 years of sufferings.  The foreign nationals entered our country with the sole purpose of business.  Slowly and steadily the took over the reign of the country and ruled us for years, made all of us suffer a lot.

Rediscovering Blackstone: wpływ Williama Blackstone’a na rozwój amerykańskiej nauki prawa w recepcji Alberta W. Alschulera

2017 ◽  
Vol 15 (2) ◽  
pp. 175-185
Author(s):  
Edyta Sokalska
Keyword(s):  
United States ◽  
18Th Century ◽  
Common Law ◽  
The United States ◽  
Law School ◽  
Large Measure ◽  
American Colonies ◽  
Late 18Th Century ◽  
American Law ◽  
The Common

The reception of common law in the United States was stimulated by a very popular and influential treatise Commentaries on the Laws of England by Sir William Blackstone, published in the late 18th century. The work of Blackstone strengthened the continued reception of the common law from the American colonies into the constituent states. Because of the large measure of sovereignty of the states, common law had not exactly developed in the same way in every state. Despite the fact that a single common law was originally exported from England to America, a great variety of factors had led to the development of different common law rules in different states. Albert W. Alschuler from University of Chicago Law School is one of the contemporary American professors of law. The part of his works can be assumed as academic historical-legal narrations, especially those concerning Blackstone: Rediscovering Blackstone and Sir William Blackstone and the Shaping of American Law. Alschuler argues that Blackstone’s Commentaries inspired the evolution of American and British law. He introduces not only the profile of William Blackstone, but also examines to which extent the concepts of Blackstone have become the basis for the development of the American legal thought.

scholarly journals From Norms to Facts: The Realization of Rights in Common and Civil Private Law

2011 ◽  
Vol 56 (1) ◽  
pp. 77-114 ◽  
Author(s):  
Helge Dedek
Keyword(s):  
Legal System ◽  
Deep Structure ◽  
Common Law ◽  
Social Reality ◽  
Judicial Decision Making ◽  
Legal Traditions ◽  
The United Kingdom ◽  
The Common ◽  
Legal Concepts ◽  
The Ideal

Every legal system that ties judicial decision making to a body of preconceived norms has to face the tension between the normative formulation of the ideal and its approximation in social reality. In the parlance of the common law, it is, more concretely, the remedy that bridges the gap between the ideal and the real, or, rather, between norms and facts. In the common law world—particularly in the United Kingdom and the Commonwealth—a lively discourse has developed around the question of how rights relate to remedies. To the civilian legal scholar—used to thinking within a framework that strictly categorizes terms like substance and procedure, subjective right, action, and execution—the concept of remedy remains a mystery. The lack of “remedy” in the vocabulary of the civil law is more than just a matter of attaching different labels to functional equivalents, it is the expression of a different way of thinking about law. Only if a legal system is capable of satisfactorily transposing the abstract discourse of the law into social reality does the legal machinery fulfill its purpose: due to the pivotal importance of this translational process, the way it is cast in legal concepts thus allows for an insight into the deep structure of a legal culture, and, convergence notwithstanding, the remaining epistemological differences between the legal traditions of the West. A mixed jurisdiction must reflect upon these differences in order to understand its own condition and to define its future course.

scholarly journals Development of a Genetics Education Workshop Curriculum for Native American College and University Students

Genetics ◽  
2001 ◽  
Vol 158 (3) ◽  
pp. 941-948
Author(s):  
Linda Burhansstipanov ◽  
Lynne Bemis ◽  
Mark Dignan ◽  
Frank Dukepoo
Keyword(s):  
Native American ◽  
Native Americans ◽  
University Students ◽  
Health Care Professionals ◽  
Genetic Research ◽  
Native American Students ◽  
College And University ◽  
Career Opportunities ◽  
National Human ◽  
Education Workshop

Abstract The long-term goal of Genetic Education for Native Americans (GENA), a project funded by the National Human Genome Research Institute (NHGRI), is to provide a balance of scientific and cultural information about genetics and genetic research to Native Americans and thereby to improve informed decision making. The project provides culturally sensitive education about genetic research to Native American medical students and college and university students. Curriculum development included focus groups, extensive review of available curricula, and collection of information about career opportunities in genetics. Special attention was focused on genetic research to identify key concepts, instructional methods, and issues that are potentially troublesome or sensitive for Native Americans. Content on genetic research and careers in genetics was adapted from a wide variety of sources for use in the curriculum. The resulting GENA curriculum is based on 24 objectives arranged into modules customized for selected science-related conference participants. The curriculum was pretested with Native American students, medical and general university, health care professionals, and basic scientists. Implementation of the curriculum is ongoing. This article describes the development and pretesting of the genetics curriculum for the project with the expectation that the curriculum will be useful for genetics educators working in diverse settings.

“I Hope to Hell Nothing Goes Back to The Way It Was Before”: COVID-19, Marginalization, and Native Nations

2021 ◽  
pp. 1-18
Author(s):  
Raymond Foxworth ◽  
Laura E. Evans ◽  
Gabriel R. Sanchez ◽  
Cheryl Ellenwood ◽  
Carmela M. Roybal
Keyword(s):  
Native American ◽  
Native Americans ◽  
Original Data ◽  
The United States ◽  
Federal Law ◽  
Native Languages ◽  
Native Communities ◽  
Tribal Health ◽  
Tribal Lands ◽  
Health Regulations

We draw on new and original data to examine both partisan and systemic inequities that have fueled the spread of COVID-19 in Native America. We show how continued political marginalization of Native Americans has compounded longstanding inequalities and endangered the lives of Native peoples. Native nations have experienced disproportionate effects from prior health epidemics and pandemics, and in 2020, Native communities have seen greater rates of infection, hospitalization, and death from COVID-19. We find that Native nations have more COVID-19 cases if they are located in states with a higher ratio of Trump supporters and reside in states with Republican governors. Where there is longstanding marginalization, measured by lack of clean water on tribal lands and health information in Native languages, we find more COVID-19 cases. Federal law enables non-members to flout tribal health regulations while on tribal lands, and correspondingly, we find that COVID-19 cases rise when non-members travel onto tribal lands. Our findings engage the literatures on Native American politics, health policy within U.S. federalism, and structural health inequalities, and should be of interest to both scholars and practitioners interested in understanding COVID-19 outcomes across Tribes in the United States.

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