Indigenous peoples / Indigeneity Books

Book SynopsisThis book provides a new approach to the historical treatment of indigenous peoples'' sovereignty and property rights in Australia and New Zealand. By shifting attention from the original European claims of possession to a comparison of the ways in which British players treated these matters later, Bain Attwood not only reveals some startling similarities between the Australian and New Zealand cases but revises the long-held explanations of the differences. He argues that the treatment of the sovereignty and property rights of First Nations was seldom determined by the workings of moral principle, legal doctrine, political thought or government policy. Instead, it was the highly particular historical circumstances in which the first encounters between natives and Europeans occurred and colonisation began that largely dictated whether treaties of cession were negotiated, just as a bitter political struggle determined the significance of the Treaty of Waitangi and ensured that native titTrade Review'Empire and the Making of Native Title is a masterful account of the early colonisation of Australia and New Zealand that provides a clear, engaging, and persuasive explanation of why Britain treated the two places so differently.' Stuart Banner, author of Possessing the Pacific'If you thought there was nothing more to say about the history of native title in Australia and New Zealand, think again. Bain Attwood's fascinating account is brimming with new insights about sovereignty, property, possession, protection, indigenous power, and imperial policy. An extraordinary achievement.' Lauren Benton, author of A Search for Sovereignty'Attwood displays and advances all the best qualities of historians' post-millennial interest in law and political discourse inside the British Empire. Native title is the contested ground in the constitutional politics of the nineteenth century Australasian colonies, an irresolute discursive practice the inflections of which play out differently in their particular settings.' P.G. McHugh, author of Aboriginal Title'This probing work by one of Australia's most distinguished historians delivers a richly textured account of imperial claims in the Australasian colonies. Meticulously researched, it traces how British sovereignty in the settler world proceeded less from firm policy than from fluctuating circumstances that served to recognise or deny the existence of native title.' Amanda Nettelbeck, author of Indigenous Rights and Colonial SubjecthoodTable of ContentsAcknowledgements; List of Abbreviations; Principal Players; Maps; Introduction; 1. Claiming Possession in New Holland and New Zealand, 1770s–1820s; 2. Batman's Treaty and the Rise and Fall of Native Title, 1835–1836; 3. The South Australian Colonisation Commission, the Colonial Office, and Aboriginal Rights in Land, 1834–1837; 4. Protection Claims and Sovereignty in the Islands of New Zealand, 1800–1839; 5. Making Agreements and a Struggle for Authority, 1839–1840; 6. The Land Claims Commission and the Return of the Treaty, 1840–1843; 7. A Colony in Crisis and a Select Committee, 1843–1844; 8. The Retreat of the Government and the Rise of the Treaty, 1844–1845; 9. The Making of Native Title, 1845–1850; Conclusion; Appendix (The English Text of the Treaty of Waitangi); Bibliography; Index

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Book SynopsisAtlas of Indian Nations is a comprehensive resource for those interested in Native American history and culture. Told through maps, photos, art, and archival cartography, this is the story of American Indians that only National Geographic can tell.   In the most comprehensive atlas of Native American history and culture available, the story of the North American Indian is told through maps, photos, art, and archival cartography. This illustrated atlas is perfect for fans of Empire of the Summer Moon, Blood and Thunder, and National Geographic atlases, as well as those fascinated with the Old West. Organized by region, this encyclopedic reference details Indian tribes in these areas: beliefs, sustenance, shelter, alliances and animosities, key historical events, and more. See the linguistic groupings and understand the constantly shifting, overlapping boundaries of the tribes. Follow the movement, growth, decline, and continuity of Indian nations and tTrade Review"...gorgeously illustrated volume...Chock full of historical and contemporary maps, photographs, and paintings, this smart hybrid of art book and textbook is irresistible to leaf through because of the eye-catching images on every page. But Treuer's clear, accessible text is the complementary gem." --Publishers Weekly

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Book SynopsisTribal Criminal Law and Procedure examines complex Indian nations' tribal justice systems, analyzing tribal statutory law, tribal case law, and the cultural values of Native peoples. Using tribal court opinions and tribal codes, it reveals how tribal governments use a combination of oral and written law to dispense justice and strengthen their nations and people. Carrie E. Garrow and Sarah Deer discuss the histories, structures, and practices of tribal justice systems, comparisons of traditional tribal justice with American law and jurisdictions, elements of criminal law and procedure, and alternative sentencing and traditional sanctions. New features of the second edition include new chapters on: The Tribal Law and Order Act''s Enhanced Sentencing Provisions The Violence Against Women Act''s Special Domestic Violence Criminal Jurisdiction Tribal-State CollaborationTribal Criminal Law and Procedure is an invaluable resource for legal scholars and students. The book is published in coopTrade ReviewCarrie Garrow and Sarah Deer’s Tribal Criminal Law and Procedure is an excellent resource for students, practitioners, or anyone else seeking to understand tribal justice systems from a tribal perspective. This book successfully weaves together shared experiences of colonization as well as core criminal justice concepts to provide a broad, yet focused, treatment of the field from its history through its most recent developments. -- M. Brent Leonhard, attorney, Confederated Tribes of the Umatilla Indian ReservationThis book is a must-read for tribal, federal and state practitioners, judges, officials, and citizens to understand the framework of tribal criminal law and its roots in traditional norms. From the historical to the contemporary, the authors have skillfully presented a thorough and engaging view of tribal criminal issues. -- Angelique EagleWoman, Sisseton-Wahpeton Dakota, University of Idaho College of LawTribal Criminal Law and Procedure has proven to be an important tool for college and professional students at any level in developing the leaders and thinkers to meet these Indian country goals through the development of tribal law. Moreover, this new edition makes accessible the ongoing changes and developments in tribal, federal, and state law and policy of the last decade. The authors, leaders in the field, are to be commended and thanked for this project. -- Matthew L.M. Fletcher, director of the Indigenous Law & Policy Center, Michigan State UniversityTable of Contents1: Introduction to American Criminal Law Concepts 2: Comparing Tribal Criminal Law and American Criminal Law 3: Using American Criminal Law to Control American Indian Nations 4: Traditional Law Today 5: Introduction—What Is Criminal Jurisdiction? 6: Traditional Criminal Jurisdiction 7: Limitations on Tribal Criminal Jurisdiction Imposed by the United States 8: Exercising Jurisdiction over Crimes Committed by Non-Indians 9: Criminal Jurisdiction as Defined by Tribal Courts 10: Federal Legislative Efforts to Support Tribal Criminal Jurisdiction 11: State and Tribal Court Collaboration 12: Overview of Criminal Laws—Statutes and Procedures 13: The Mental State 14: A Closer Look at Criminal Elements 15: Is Helping a Criminal Act? Preliminary Crimes and Accomplice Liability 16: Criminal Defenses 17: The Burden of Proof 18: Rights of Criminal Defendants and Crime Victims 19: The Law of Arrest 20: Interrogations and Confessions: The Right to Remain Silent 21: Search and Seizure 22: The Exclusionary Rule: Remedies for Civil Rights Violations 23: The Right to an Attorney/Advocate 24: Defendant Rights at Trial 25: Victims’ Rights 26: Sentencing: Fines and Incarceration 27: Tribal Restorative Justice

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