The irony of this statement isthat such sites generally became government property only becauseIndigenous peoples were divested of their land.
very ironic
The irony of this statement isthat such sites generally became government property only becauseIndigenous peoples were divested of their land.
very ironic
Indigenous peoples have also turned to an array of legal tools, bothstatutory and constitutional, to seek to access and protect sacred sites.
The amount resources that Native people need to resort to in order to protect something that is sacred to them. paying attention to the amount of acts that were put in place. That goes to show that they had little jursidction over their items.
voluntary waiver by a tribe must be “unequivocallyexpressed.”
simply the right thing to do.
“arm ofthe tribe”
Providing support
La Jolla remains
Very sad to know that struggle and the process Native Americans had to g o through in order to keep sacred items and important valuable such as the remains of their ancestors.
Texas by requiring it to break its promise to its citizens thatit will be colorblind in child-custody proceedings.”
👎🏾
do not rise or fall together;
different parts can be evaluated separately.
300,000 enrolled members, roughly170,000 of whom live on the Navajo Reservation.
wow!!
Winters v. United States
A supreme court case in 1908 that protects Native American water rightsand acknowledging their historical connections to the land.
This is not metaphor.
Native Americans are deeply connected to there enviornment and mainly use natural rescources to survive.
endangered river
Brings attention to the threats it has faced such as overusagin and pollution
somehow allowed them to start gaming.
Money drives people to do many things including steal, bend rules, and so much more.
And when I was in grad-uate school in the 1990s, tribal gaming was hitting the news, especially in theNortheast,
United tried with Americans because they enjoyed playing games at the casino. Some people saw Native Americans in a more positive light and some just wanted the benefits of winning money. Overall it was a still progression for the tribes.
benefits for tribal citizens, including employment,universal health insurance, and social services.
Allowing tribes to slowly become independent and make their own money. Also they are growing together and decreasing poverty.
But no one can say, which is the crux of the problem.
Sad for the people who have nothing to do with this are being affected and not received the money they are owed and well deserved.
Amicus Curiae
friend of the court
Oklahoma stresses that this Court even once called the Creek lands a “dependent Indian community,
the U.S feels the need to control Native Americans because they are not seen as independent.
Starting in the 1880s, Congress sought to pressure many tribes to abandon their communal lifestyles and parcel their lands into smaller lots owned by individual tribe members.
Encouraging Native Americans to start adapting Western-style practices and become integrated into American society.
perhaps because that word had not yet acquired such distinctive significance in federal Indian law.
may not have been held at the same legal significance in federal Indian law. the interpretation of the law is vague and left open for terminology to evolve and overtime it did.
Major Crimes Act (MCA).
federal law that grants jurisdiction to prosecute certain major crimes committed by Native Americans on tribal land which was enacted in 1885
“overly paternalistic”
demonstrates an imbalance of power and lack of respect for individual autonomy.
Overall, however, they did not show interest in contemporary factsof life for people on the Port Madison Reservation, let alone the deeperhistory of the tribe.
primary objective is to determine full application of the law rather than understanding the lived experience of those involved.
there are few things more disempowering than havingone’s own self-believed story rejected, when rules of law (however fair inthe abstract) are applied to facts that are not one’s own, when legal judg-ments proceed from a description of one’s own world that one does notrecognize.”
Reading this quote by Scheppele you can sense her frustration
Oliphant v. Suqua-mish Indian Tribe
The case involved the question on whether a tribal court has the authority to prosecute a non-tribal member for a crime committed on tribal land.
remedy for the ancient wrongestablished at trial should be provided by Congress, not byjudges seeking to rewrite history at
Congress is able to enact comprehensive and long lasting solutions through legislation. It allows a more democratic and inclusive process ensuring that the remedy is fair and reflective of the current societal context.
this late date,
Would they consider rewriting history if it happened earlier? What would they have done differently than now?
00,000-acre reservation for the Oneida
The Oneida Tribe originally started with 300,000 ever since then hundreds of acres continuously seemed to be taken away.
Johnson v. McIntosh
Continue to relate it back to the Johnson v. McIntosh case
wait aneven longer period of time
what is being done the meantime while the federal government is trying make a final decision?
how they had done relative to their peers
The students don't want to know how they had done for themselves and how creative they are, but instead because they feel as if they are in competition with their peers. And if they were told they did poorly it could damage their self-esteem.