Indigeneity in the Courtroom: Law, Culture, and the Production of Difference in North American Courts

by Hamilton; Jennifer A.

• ISBN13: 9780415979047
• ISBN10: 0415979048
• Edition: 1st
• Format: Hardcover
• Copyright: 2008-11-04
• Publisher: Routledge

Summary

This book takes a novel approach to the question of how law shapes the contemporary lives of indigenous peoples in North America. Working through a series of legal cases thematically linked by a concern with how indigenous difference - indigeneity - is produced in the courtroom, this book asks the following questions: How does legal discourse and practice allow us to think the contemporary political context of Native North America? What can a critical engagement with law reveal about the lives of indigenous peoples in this key historical moment? Through an examination of contemporary property disputes, the use of indigenous justice in mainstream courts, and the use of genetic technologies to prove or disprove indigenous identities, Indigeneity in the Courtroom provides insight into how law, culture, and the production of difference operate in the early twenty-first century.

Table of Contents

Acknowledgments	p. xi
Introduction: Tracking Indigeneity in the Courtroom	p. 1
Banishment: Indigenous Justice and Indigenous Difference in Washington v. Roberts and Guthrie	p. 7
Healing the Bishop: Sexual Violence, Consent, and the Legal Erasure of Colonial History in R. v. O'Connor	p. 24
Resettling Musqueam Park: Property, Culture, and Difference in Glass v. Musqueam Indian Band	p. 45
Of Caucasoids and Kin: Kennewick Man, Race, and Genetic Indigeneity in Bonnichsen v. United States	p. 71
Notes	p. 89
Bibliography	p. 99
Index	p. 127
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