Braid of Feathers: American Indian Law and Contemporary Tribal LifeIn this ambitious and moving book, Frank Pommersheim, who lived and worked on the Rosebud Sioux Indian Reservation for ten years, challenges the dominant legal history of American Indians and their tribes—a history that concedes far too much power to the laws and courts of the "conqueror." Writing from the perspective of the reservation and contemporary Indian life, Pommersheim makes an urgent call for the advancement of tribal sovereignty and of tribal court systems that are based on Indian culture and values. Taking as its starting point the cultural, spiritual, and physical nature of the reservation, Braid of Feathers goes on to trace the development of Indian law from the 1770s to the present. Pommersheim considers the meaning of justice from the indigenous point of view. He offers a trenchant analysis of the tribal courts, stressing the importance of language, narrative, and story. He concludes by offering a "geography of hope,"one that lies in the West, where Native Americans control a significant amount of natural resources, and where a new ethic of development and preservation is emerging within the dominant society. Pommersheim challenges both Indians and non-Indians to forge an alliance at the local level based on respect and reciprocity—to create solidarity, not undo difference. |
Contents
| 7 | |
| 11 | |
The Colonized Context Federal Indian Law and Tribal Aspiration | 37 |
JUSTICE LIBERATION AND STRUGGLE TRIBAL COURTS AND TRIBAL SOVEREIGNTY | 57 |
The Crucible of Sovereignty Tribal Courts Legitimacy and the Jurisdictional Backdrop | 61 |
Liberation Dreams and Hard Work A View of Tribal Court Jurisprudence | 99 |
ISSUES IN THE WESTERN LANDSCAPE A REGIONAL PERSPECTIVE | 137 |
Other editions - View all
Braid of Feathers: American Indian Law and Contemporary Tribal Life Frank Pommersheim Limited preview - 1997 |
Common terms and phrases
accompanying text adjudication allotment amendment analysis authority over non-Indians Cheyenne River Cheyenne River Sioux colonization commitment concern Congress congressional context cultural decision economic development eral establish ethic example federal courts federal government federal Indian law federal-tribal fee land GETCHES GETCHES & WILKINSON important Indian Affairs Indian country Indian law Indian tribes Indians and non-Indians indigenous individual institutions interpretive community involving Iowa Mutual issues limited litigation Marshall means ment Montana National Farmers Union Native American Oglala Sioux particularly political potential problem questions recognized result River Sioux Tribe role Rosebud Sioux Tribe Sioux Tribal Court social South Dakota sovereign specific statute supra note tion tional traditional treaties tribal authority tribal bar tribal code tribal constitutions tribal court jurisprudence tribal governments tribal law tribal sovereignty tribal-state relations U.S. CONST U.S. Constitution U.S. Supreme Court understanding United Vine Deloria West