In the courts of the conqueror : the 10 worst Indian law cases ever decided

The fate of Native Americans has been dependent in large part upon the recognition and enforcement of their legal, political, property, and cultural rights as indigenous peoples by American courts. Most people think that the goal of the judiciary, and especially the US Supreme Court, is to achieve universal notions of truth and justice. In this in-depth examination, however, Walter Echo-Hawk reveals the troubling fact that American law has rendered legal the destruction of Native Americans and their culture. 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 cases legacy on Native America. In the Courts of the Conqueror is a comprehensive history of Indian Country from a new and unique viewpoint. It is a vital contribution to American history. Walter 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 (NAGPRA), and federal religious freedom legislation. He is a prolific writer whose books include the award-winning Battlefields and Burial Grounds . The fate of Native Americans has been dependent in large part upon the recognition and enforcement of their legal, political, property, and cultural rights as indigenous peoples by American courts. Most people think that the goal of the judiciary, and especially the U.S. Supreme Court, is to achieve universal notions of truth and justice. In this in-depth examination, however, attorney Walter Echo-Hawk reveals the troubling fact that American law has rendered legal the destruction of Native Americans and their culture. 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 The courts of the conqueror A context for understanding Native American issues Justice, injustice, and the dark side of Federal Indian Law Johnson v. M'Intosh : how the Indians lost legal title to America Cherokee Nation v. Georgia : shutting the courthouse doors Connors v. United States & Cheyenne Indians : were the Indian wars legal? Lone Wolf v. Hitchcock : breaking the treaties United States v. Sandoval : rule by guardianship In re adoption of John Doe v. Heim : taking the kids Wana the Bear v. Community Construction : taking the dead Employment Division v. Smith : taking the religion Lyng v. Northwest Indian Cemetery Association : taking the holy places Tee-Hit-Ton Indians v. United States : confiscating indigenous habitat Was genocide legal? Reforming the dark side of Federal Indian Law. Annotation 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-Hawk is 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 A vital contribution not only to Native American history, but also to American history. Echo-Hawk reveals the troubling fact that American law has rendered legal the destruction of Native Americans and their culture. He analyzes ten cases that embody or expose the roots of injustice and highlight the use of nefarious legal doctrines Now in paperback, an important account of ten Supreme Court cases that changed the fate of Native Americans, providing the contemporary historical/political context of each case, and explaining how the decisions have adversely affected the cultural survival of Native people to this day.