Alaska natives and American laws

American Indian law review, 1973

In the preface to Law and the American Indian, Professor Price names three disparate audiences for whom the book is meant to be useful: 1) Indian persons and practicing attorneys, as a practical legal research tool; z) law schools, as a coursebook; and 3) colleges and universities, as a legal history of the relationship between Native American peoples and the United States. Although I am a neophite with respect to the legal problems of Native American peoples, have not taught a course dealing with the legal problems of Native American peoples, and am a law professor not a historian, my intent is to comment on the book as a research tool, as a coursebook in law school, and as a history book. Indian persons and practicing attorneys should not look to Law and the American Indian as a quick reference to solve their specific legal problem in Indian law. Law and the American Indian is not a treatise on Indian law that attempts to give answers to all possible problems. The style and arrangement of the book are designed to make the reader aware of and thoughtful about the legal history and legal problems of Native Americans, rather than to provide definite answers to specific legal questions. Cases, statutes, treaties, and other materials are included in the book not because they are authoritative, but because they provoke thought and illustrate the development of the legal relationship between Native American peoples and the United States. Although the book is not a treatise, it is valuable as a research tool by which the Indian person and the practicing attorney can gain entry into Indian law. Professor Price has brought together a wide assortment of materials relating to Indian law. He has arranged these materials into the various topics of Indian law. As a result, an individual Indian or a practicing attorney faced with a legal problem in Indian law need not feel hopelessly lost and afraid to undertake its exploration. Law and the American Indian can be relied upon to provide initial conceptual orientation and signposts for further study through the numerous citations contained in the book. Particularly helpful in this latter regard is the 1z-page bibliography of law review articles relating to Indian affairs.

SSRN Electronic Journal, 2000

The Cambridge History of Law in America

Volume I of the Cambridge History of Law in America reaps the advantage of the proliferation of scholarship in legal history, beginning the account of law in America with the very first moments of European colonization and settlement of the North American landmass. It follows those processes across two hundred years to the eventual creation and stabilization of the American republic. The book discusses the place of law in regard to colonization and empire, indigenous peoples, government and jurisdiction, population migrations, economic and commercial activity, religion, the creation of social institutions, and revolutionary politics. American legal history long treated the era of the founding of the republic and the early nineteenth century as the beginning of American law. Volume I disputes that tendency and corrects it. The Cambridge History of Law in America has been made possible by the generous support of the American Bar Foundation.

Volume I of the Cambridge History of Law in America reaps the advantage of the proliferation of scholarship in legal history, beginning the account of law in America with the very first moments of European colonization and settlement of the North American landmass. It follows those processes across two hundred years to the eventual creation and stabilization of the American republic. The book discusses the place of law in regard to colonization and empire, indigenous peoples, government and jurisdiction, population migrations, economic and commercial activity, religion, the creation of social institutions, and revolutionary politics. American legal history long treated the era of the founding of the republic and the early nineteenth century as the beginning of American law. Volume I disputes that tendency and corrects it. The Cambridge History of Law in America has been made possible by the generous support of the American Bar Foundation.

I want to begin by acknowledging the Gadigal people of the Eora nation, the traditional owners of this country. It is a privilege to be in your territory. I also want to thank the Gilbert and Tobin Centre of Public Law and the other organizers of this conference for the invitation to be here and for the opportunity to visit this magnificent land once again. As a non-Indigenous person-and not even an Australian-I feel honored to be here and to share the agenda with people who have worked at ground level for so long on the problems this conference is addressing. My task this afternoon is to consider whether there is an argument for Indigenous jurisdiction, based on its impact on the daily lives of Indigenous peoples. I think one can argue for jurisdiction on various grounds. One could make a moral argument-that is, on the ground of obligation. Here the argument might be that history has created an obligation on the part of those who benefited from colonial dispossession to allow the dispossessed a major voice in what happens to them and in their

The incorporation of American Indian law into the study of Constitutional Law accomplishes a number of pedagogical goals as well as understanding questions concerning American Indian law that naturally evolve in the study. This broadened understanding of the United States Constitution helps to explain the complex subject of opinion writing and the role of politics in reading United States Supreme Court decisions. From a practice perspective, the incorporation of American Indian law into a Constitutional Law study further serves the purpose of explaining legal distinctions, which enable future practitioners to be knowledgeable in "spotting" issues where clients present such facts. In the first introduction of the Constitutional Law class, it takes only a few minutes to raise the subject of Indians in the United States Constitution. This discussion helps to lay the groundwork for the issues that arise throughout the course. Mentioning Indian issues may be problematic because...

Wicazo Sa Review, 1994

The debate over which legal Indigenous Peoples should govern NativeAmerican political power and property rights, or even whether they should be protected by law at all, caused conflicts challenging the autonomy of the legal system and led to changes of the original principles of Indian rights. The outcome of that conflict raises two questions of federal Indian law. One is whether its principles contributed to the survival of Native Americans in the United States; the other is whether the same legal principles are responsible for the perpetual inferiority of Native Americans in their own land. More starkly, the question is whether the law ought to be praised or cursed for what it has done to the Indian.' (emphasis added)

Tulsa Law Review, 2009

1984

This paper was revised in June 1984 as an unpublished manuscript with the same title (http://hdl.handle.net/11122/9771). A later revision was published as: "Rural Legal Process and Development in the North" by Stephen Conn. Chap. 10 in Theodore Lane (ed.), Developing America's Northern Frontier, pp. 199–229. Lanham, MD: University Press of America, 1987.