Tribal Courts, Restorative Justice and Native Land Claims

2017 ◽  
Vol 4 (4) ◽  
pp. 359-386
Author(s):  
Zia Akhtar

The Native American tribes in the United States have maintained distinctive customs which they practice within their ‘eviscerated’ sovereignty. The tribes exercise their jurisdiction as ‘sovereign’ nations under devolution of their lands granted by the federal government, which still has a right of preemption and the power of alienation. The tribal courts exercise the restorative justice principles that are integral to their judicial procedures and where the emphasis is on healing. The disputes in tribal courts are settled by mediation through Peacekeeping Circles that restore the parties to the pre-trial status and there is input from elders in the community. The Native people not only have to differentiate and preserve their justice framework, but also claim title to land where it has been extinguished by treaty, eminent domain or Executive order of the us government. The argument in this paper is that the restorative justice principle is part of the customary law of the tribes in the us and in Canada, and their dormant land claims can be revisited if this judicial process is maintained in the context of sustaining their customs within the federal legal framework.

Author(s):  
Kim Dayton

The United States of America is a physically large country, occupying nearly 3.5 million square miles. Its population of more than 321 million persons is distributed unevenly across its physical area, with over half living in a state located on either its east or west coast. It comprises fifty states, two commonwealths, three territories, and a number of island entities variously called possessions or territories. In addition, there are currently 566 federally recognized Native American tribes, each of which has sovereign authority with respect to a limited range of matters. The capitol city of Washington, DC, is an independent district not located within any state; it has a local government and is also subject to federal authority in some areas.


Anthropology ◽  
2020 ◽  
Author(s):  
Bronwen Douglas ◽  
Dario Di Rosa

This article situates ethnohistory historically, conceptually, methodologically, and geographically in relation to its intertwined “parent” disciplines of anthropology and history. As a named interdisciplinary inquiry, ethnohistory emerged in the United States in the mid-1950s in the “applied” context of academic involvement in Native American land claims hearings after 1946. However, anthropology (the science of humanity) has overlapped, intersected, or diverged from history (study or knowledge of the past) since becoming a distinct field in Europe in the mid-18th century and gradually professionalized as an academic discipline from the 1830s, initially in Russia (see Before Boas: The genesis of ethnography and ethnology in the German Enlightenment [Lincoln: Univ. of Nebraska Press, 2015], cited under Anthropology and History). Anthropological approaches oscillated between historicization and its neglect or denial, with recurring tension between event and system, process and structure, diachrony and synchrony. In the late 18th and 19th centuries, ethnology (comparative study of peoples or races, their origins and development) was distinguished from the natural history of man and from anthropology (the science of race), initially in France. From the 1860s to the 1920s, Anglophone anthropological theory was dominated by the opposed doctrines of sociocultural evolution and diffusion—both superficially historical but largely ahistorical processes. For the next half century, prevailing functionalist, structuralist, and culturalist discourses mostly denied knowable history to ethnography’s purportedly vanishing “primitive” subjects. This uneven, agonistic disciplinary history did not encourage a subfield uniting anthropology and history. However, after 1950, in global contexts of anticolonialism, decolonization, and movements for Indigenous or egalitarian rights, anthropologists, historians, and archaeologists developed the hybrid fields of Ethnohistory and Ethnographic History, which flourished for half a century. Practitioners transcended ethnohistory’s spatial and conceptual roots in the United States and Canada to investigate Indigenous or African American pasts in Latin America and the Caribbean, Indigenous or local pasts in Africa, Asia, and Oceania, and non-Indigenous pasts in Europe and elsewhere. The need to incorporate Indigenous or popular histories and viewpoints was increasingly emphasized. From the 1980s, ethnohistory was condemned as Eurocentric, outdated, even racist, by postcolonial and postmodern critiques (see: The state of ethnohistory. Annual Review of Anthropology 20 (1991):345–375, cited under General Overviews). The label’s usage declined in the 21st century in favor of the already established terms anthropological history or historical anthropology, or the emergent fields of Anthropology of History, historical consciousness, and historicity.


2010 ◽  
Vol 9 (4) ◽  
pp. 503-507 ◽  
Author(s):  
Sherry Smith

For years, scholars of Native American history have urged U. S. historians to integrate Indians into national narratives, explaining that Indians' experiences are central to the collective story rather than peripheral to it. They have achieved some successes in penetrating and reworking traditional European-American dominated accounts. Nowhere is this better demonstrated than in the field of colonial history. In fact, for several decades now colonialists have placed Native Americans at the center, seeing them as integral to imperial processes and as forces that simply can no longer be ignored. To omit them would be to leave out not only crucial participants but important themes. Native people occupied and owned the property European nations coveted. They consequently suffered great losses as imperialists bent on control of land, resources, cultures, and even souls applied their demographic and technological advantages. But conquest did not occur overnight. It took several centuries for Spain, France, the Netherlands, Russia, Great Britain, and eventually the United States to achieve continental and hemispheric dominance. Nor was it ever totally achieved. That 564 officially recognized tribes exist in the early 2000s in the United States demonstrates that complete conquest was never realized.


2008 ◽  
Vol 39 (3) ◽  
pp. 419
Author(s):  
Richard P Boast

One of the best-known discussions of the historical foundations of native title law is Felix Cohen's famous paper on the Spanish Origins of Federal Indian Law, published originally in 1942 and since then reprinted many times.This article cites Cohen's paper in its political and historiographical context, paying particular attention to Cohen's role as one of the architects of the Indian Reorganisation Act of 1934, and considering also shifts in American historiography and legal writing relating to the Spanish legacy as exemplified by legal historians such as James Brown Scott and historians such as H E Bolton. This article also considers fully Cohen's analysis of the precise ways in which Spanish law penetrated the legal framework of Federal Indian Law in the United States and concludes that, as a historical discussion, Cohen's work is in need of substantial revision. In particular Cohen's arguments that Spanish law influenced federal Indian law via international law and by means of judicial consideration of old Spanish land claims seem difficult to sustain.


Author(s):  
Bradley Shreve

American Indian activism after 1945 was as much a part of the larger, global decolonization movement rooted in centuries of imperialism as it was a direct response to the ethos of civic nationalism and integration that had gained momentum in the United States following World War II. This ethos manifested itself in the disastrous federal policies of termination and relocation, which sought to end federal services to recognized Indian tribes and encourage Native people to leave reservations for cities. In response, tribal leaders from throughout Indian Country formed the National Congress of American Indians (NCAI) in 1944 to litigate and lobby for the collective well-being of Native peoples. The NCAI was the first intertribal organization to embrace the concepts of sovereignty, treaty rights, and cultural preservation—principles that continue to guide Native activists today. As American Indian activism grew increasingly militant in the late 1960s and 1970s, civil disobedience, demonstrations, and takeovers became the preferred tactics of “Red Power” organizations such as the National Indian Youth Council (NIYC), the Indians of All Tribes, and the American Indian Movement (AIM). At the same time, others established more focused efforts that employed less confrontational methods. For example, the Native American Rights Fund (NARF) served as a legal apparatus that represented Native nations, using the courts to protect treaty rights and expand sovereignty; the Council of Energy Resource Tribes (CERT) sought to secure greater returns on the mineral wealth found on tribal lands; and the American Indian Higher Education Consortium (AIHEC) brought Native educators together to work for greater self-determination and culturally rooted curricula in Indian schools. While the more militant of these organizations and efforts have withered, those that have exploited established channels have grown and flourished. Such efforts will no doubt continue into the unforeseeable future so long as the state of Native nations remains uncertain.


1993 ◽  
Vol 11 (1) ◽  
pp. 103-117 ◽  
Author(s):  
C P Ozawa

Recent experiences in the United States suggest that mediators employ a number of techniques designed to resolve disputes over critical technical components of decisions. Some of these techniques, called ‘transformative mediator techniques’, both increase the knowledge base for decisions and enhance the abilities of resource-poor groups to protect and promote their interests. In this paper, elements of transformative and nontransformative mediator techniques are identified and discussed. Examples of mediator techniques are drawn from three cases: A regulatory negotiation to develop emission standards for wood stoves, a policy dialogue concerning a proposal to construct a solid-waste incinerator in New York City, and settlement negotiations in a fishery dispute involving three Native American tribes, the State of Michigan, and two federal agencies.


Author(s):  
Thomas Grillot

This book depicts a forgotten history that explores how army veterans returning to reservation life after World War I transformed Native American identity. Drawing from archival sources and oral histories, the book demonstrates how the relationship between Native American tribes and the United States was reinvented in the years following World War I. During that conflict, 12,000 Native American soldiers served in the U.S. Army. They returned home to their reservations with newfound patriotism, leveraging their veteran cachet for political power and claiming all the benefits of citizenship—even supporting the termination policy that ended the U.S. government's recognition of tribal sovereignty.


2017 ◽  
Vol 5 (3) ◽  
pp. 280-288 ◽  
Author(s):  
Karimah Kennedy Richardson ◽  
Anna Liza Posas ◽  
Lylliam Posadas ◽  
Paige Bardolph

ABSTRACTIn 2003, the Autry Museum of the American West merged with the Southwest Museum of the American Indian, which housed the second largest collection of Native American objects in the country. Included within this collection is the Braun Research Library Collection, which consists of works of art on paper, rare books, scholarly publications, manuscripts, photographs, correspondences, maps and sound recordings, and other archival materials, many of which relate to the early development of the disciplines of archaeology and anthropology in the United States. For over a century, both national and international researchers have used the museum's collections and archival materials with a relative open access. However, due to the culturally sensitive nature of many of these collections and the growth of how information can be made accessible, the Autry institution is currently developing procedures that affect access, especially for those researchers who wish to study archaeological archives. Staff from multiple departments are collaborating on addressing these concerns, including developing new policies while improving access to Native American tribes, communities, and researchers in preparation for the new off-site Autry Resources Center and storage facility where the collection will be housed in the future.


Daedalus ◽  
2018 ◽  
Vol 147 (2) ◽  
pp. 60-69 ◽  
Author(s):  
Nanibaa' A. Garrison

Genetic ancestry tests have gained in popularity across the United States as more Americans seek answers about their ancestral past. The tests have been used to verify or dispute family stories about ancestors or to allow people to seek a sense of belonging with a particular tribe or community. They can also be useful in medical research to identify genetic variants across populations. At the same time, assumptions about genetic testing – and the very idea of a “genetic” identity – pose challenges for communities that are defined in terms of political, social, and cultural identities. This essay explores a range of uses of ancestry tests and their potential implications for Native American tribes and communities. It concludes that the scientific and recreational use of genetic ancestry testing continues to increase over time, but limitations of the consistency of results across platforms and the generalizability of knowledge remain.


1992 ◽  
Vol 51 (1) ◽  
pp. 1-16 ◽  
Author(s):  
Elizabeth Grobsmith ◽  
Beth Ritter

The Northern Ponca, a small Plains farming and hunting tribe were legislatively terminated as a federally recognized tribe in 1962. Less than a decade after their termination, they reorganized in an attempt to reverse this decision, and proceeded with legal action to restore their status as a federally recognized tribe. During the 30-year period during which their federal status was lost, their population dispersed, their economic status, health, and general welfare declined, and their ability to practice their culture diminished. This article documents their efforts to restore their federally recognized tribal status, which would enable them to resume eligibility for services to which other Native American tribes are entitled. Following a review of aboriginal Ponca culture and the history of their relations with the United States government, data on the contemporary Northern Ponca are presented. The complex process of achieving restoration is outlined, from the formation of a non-profit tribal corporation to the development of the Ponca Restoration Act. The authors have served, as consultants to and witnesses for the tribe and assisted in preparation of materials for use by the federal government. The Ponca Restoration Act was signed by President Bush on October 31, 1990.


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