In the Courts of the Conqueror

by Echo-Hawk, Walter R

• ISBN13: 9781555913847
• ISBN10: 1555913849
• Edition: Reprint
• Format: Paperback
• Copyright: 2012-07-01
• Publisher: FULCRUM

Summary

Now in paperback, a vivid account of ten Supreme Court cases that changed the fate of Native Americans, providing the contemporary historical and political context of each case, and explaining how the decisions have adversely affected the cultural survival of Native people to this day. Walter R. Echo-Hawkis of counsel to the Crowe and Dunlevy law firm of Oklahoma. As a staff attorney for the Native American Rights Fund for thirty-five years, he represented tribes and Native Americans on significant legal issues during the modern era of federal Indian law. He is a prolific writer whose books include Battlefields and Burial Grounds.

Author Biography

Echo-Hawk analyzes ten cases that embody or expose the roots of injustice and highlight the use of nefarious legal doctrines. He delves into the dark side of the courts, calling for a paradigm shift in American legal thinking. Each case study includes historical, contemporary, and political context from a Native American perspective and the case's legacy on Native America. In the Courts of the Conqueror is a comprehensive history of Indian Country from a new and unique viewpoint, and it is a vital contribution to American history. Walter R. Echo-Hawk (Pawnee) is of counsel to the Crowe Dunlevy law firm of Oklahoma. As a staff attorney for the Native American Rights Fund for thirty-five years, he represented tribes and Native Americans on significant legal issues during the modern era of federal Indian law. In addition to litigation, he worked on major legislation, such as the Native American Graves Protection and Repatriation Act, and federal religious freedom legislation. He is a prolific writer whose books include the award-winning Battlefields and Burial Grounds. Bunky Echo-Hawk (Pawnee/Yakama) is an internationally known artist. View more of hisworkatwww.bunkyechohawk.com.

Table of Contents

Acknowledgments	p. vii
Foreword	p. xi
At the Courthouse Steps
The Courts of the Conqueror	p. 3
A Context for Understanding Native American Issues	p. 13
Justice, Injustice, and the Dark Side of Federal Indian Law	p. 31
Affairs of the Living
Johnson v. MÆlntosh: How the Indians Lost Legal Title to America	p. 55
Cherokee Nation v. Georgia: Shutting the Courthouse Doors	p. 87
Connors v. United States & Cheyenne Indians: Were the Indian Wars Legal?	p. 123
Lone Wolf v. Hitchcock: Breaking the Treaties	p. 161
United States v. Sandoval: Rule by Guardianship	p. 189
In re Adoption of John Doe v. Heim: Taking the Kids	p. 217
The Spirit World
Wana the Bear v. Community Construction: Taking the Dead	p. 237
Employment Division v. Smith: Taking the Religion	p. 273
Lyng v. Northwest Indian Cemetery Association: Taking the Holy Places	p. 325
Tee-Hit-Ton Indians v. United States: Confiscating Indigenous Habitat	p. 359
From The Valley of Darkness to the Mountain Crest
Was Genocide Legal?	p. 399
Reforming the Dark Side of Federal Indian Law	p. 423
Afterword	p. 463
Endnotes	p. 471
Index	p. 549
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