| Author | Title | Citation | Summary | Year |
| Justin L. Pybas |
Native Hawaiians: the Issue of Federal Recognition |
30 American Indian Law Review 185 (2005-2006) |
The Native Hawaiian people inhabited the Hawaiian Islands for hundreds of years before any Westerner even set foot on the islands. They had a thriving, isolated culture which was self-sufficient and relied on a sophisticated language and religion. By the end of the eighteenth century and throughout the nineteenth century, while the Westerners... |
2006 |
| Ulf Johansson Dahre, University of Lund |
Native Title in Australia: an Ethnographic Perspective Peter Sutton (Cambridge: Cambridge University Press, 2003) |
29 PoLAR: Political and Legal Anthropology Review 318 (November, 2006) |
Peter Sutton's latest book is an ambitious continuation of what seems to be his public educational project of teaching and assisting researchers, including anthropologists, lawyers, governments and administrators, and others with an interest in native title to better understand the complex nature of Australian Aboriginal societies and their systems... |
2006 |
| Joe Epstein , Susan Epstein |
Negotiating with Native American Wisdom |
29-DEC Wyoming Lawyer 18 (December, 2006) |
Twelve years ago I opted to leave the litigator's path I had been traveling 25 years for a new path as a mediator. That change in direction has resulted in the opportunity to meet and work with people from all walks of life, people who have had an incredible diversity of life experiences. The conflict that has brought them before me has changed... |
2006 |
| Sam Deloria |
New Paradigm: Indian Tribes in the Land of Unintended Consequences |
46 Natural Resources Journal 301 (Spring 2006) |
In the nearly 50 years since the end of the Termination Policy, Indian tribes have aggressively pursued their legal rights and powers to the point where they have reached bedrock. Federal Indian law in 1960 consisted of doctrines concerning tribal sovereignty and federal and state power, some of them dating back to John Marshall, and most of them... |
2006 |
| Jeffrey Robert Connolly |
Northern Wisconsin Reacts to Court Interpretations of Indian Treaty Rights to Natural Resources |
11 Great Plains Natural Resources Journal 116 (Fall/Spring, 2006-07) |
A century after they had ceded almost fifteen million acres of land, the Lake Superior and Mississippi Chippewa of Minnesota and Wisconsin began exercising their treaty guaranteed rights to natural resources. This led to resentment, animosity and anger in those who saw the Chippewa's use of modern fishing and hunting practices to harvest an... |
2006 |
| Michael C. Blumm & James Brunberg |
Not Much less Necessary...Than the Atmosphere They Breathed: Salmon, Indian Treaties, and the Supreme Court--a Centennial Remembrance of United States V. Winans and its Enduring Significance |
46 Natural Resources Journal 489 (Spring 2006) |
A century ago, the Supreme Court decided United States v. Winans, which upheld the Indian treaty right to cross private property to access traditional fishing grounds in the Columbia River. The Winans decision protected critically important cultural and economic practices from white encroachment. The landmark case came as a surprise in an era... |
2006 |
| |
Nsr Program for Indian Country Proposed |
16 6 Air Pollution Consultant 2.15 (2006) |
On August 21, 2006 (71 FR 48696-48750), EPA proposed a new source review (NSR) program for emission sources located in Indian country. The proposed NSR program would include two distinct programs. The first program would apply to minor stationary sources and minor modifications at major stationary sources. The second program would apply to new... |
2006 |
| Christopher B. Chaney |
Overcoming Legal Hurdles in the War Against Meth in Indian Country |
82 North Dakota Law Review 1151 (2006) |
Methamphetamine is public enemy number one for many tribes within the United States. Methamphetamine, or meth, is destroying lives, breaking up families, and undermining tribal cultures. In recent decades most tribes have faced a number of common challenges often including some combination of lack of educational attainment, unemployment, weak... |
2006 |
| Steven W. Strack |
Pandora's Box or Golden Opportunity? Using the Settlement of Indian Reserved Water Right Claims to Affirm State Sovereignty over Idaho Water and Promote Intergovernmental Cooperation |
42 Idaho Law Review 633 (2006) |
When the State of Idaho initiated the Snake River Basin Adjudication, or SRBA, on June 17, 1987, it was widely expected that the United States and the four Indian tribes within the Snake River Basin would file a large number of water right claims. Many viewed the long-dormant claims as a Pandora's Box that, once opened, would wreak havoc upon the... |
2006 |
| Valerie J. Phillips |
Parallel Worlds: a Sideways Approach to Promoting Indigenous-- Nonindigenous Trade and Sustainable Development |
14 Michigan State Journal of International Law 521 (2006) |
Whole Indian nations have melted away like snowballs in the sun before the white man's advance. They leave scarcely a name of our people except those wrongly recorded by their destroyers. Where are the Delawares? They have been reduced to a mere shadow of their former greatness. We had hoped that the white man would not be willing to travel beyond... |
2006 |
| Charles Wilkinson |
Peoples Distinct from Others: the Making of Modern Indian Law |
2006 Utah Law Review 379 (2006) |
The story of how tribes have taken back their reservations, and through sovereign self-rule restored democracy and improved the lives of their people, is surprising, both in the means and the magnitude, and it cuts against preconceptions and stereotypes. Overwhelmingly, the central thrust has been the work of Indian people. People in the agencies,... |
2006 |
| Glenn George |
Playing Cowboys and Indians |
6 Virginia Sports and Entertainment Law Journal 90 (Fall 2006) |
Introduction. 90 I. Native American Names and Images in Sports. 92 II. A Team by Any Other Name. 104 A. Considering NCAA Authority. 104 B. Double Standards: Hostile and Abusive or Just Offensive? . 106 C. More Double Standards: Trying to Make Sense of the NCAA's Policy. 111 D. More Double Standards: A Final Irony or Two. 115 III. The NCAA on... |
2006 |
| Matthew L.M. Fletcher |
Politics, History, and Semantics: the Federal Recognition of Indian Tribes |
82 North Dakota Law Review 487 (2006) |
Once, in a story, I wrote that Indians are everywhere.Goddamn right. -- Simon J. Ortiz Tribal histories often begin long before there were humans walking on the earth. According to the creation story of the Anishinabeg, for example, the Great Mystery, Kitche Manitou, created the world free from human habitation. But disaster befell the world and it... |
2006 |
| Matthew L.M. Fletcher |
POLITICS, HISTORY, AND SEMANTICS: THE FEDERAL RECOGNITION OF INDIAN TRIBES |
82 North Dakota Law Review 487 (2006) |
Once, in a story, I wrote that Indians are everywhere.Goddamn right. -- Simon J. Ortiz Tribal histories often begin long before there were humans walking on the earth. According to the creation story of the Anishinabeg, for example, the Great Mystery, Kitche Manitou, created the world free from human habitation. But disaster befell the world and it... |
2006 |
| F. Michael Willis, Timothy Seward |
Protecting and Preserving Indigenous Communities in the Americas |
33-SPG Human Rights 18 (Spring, 2006) |
You must first change the way people think. That was the wisdom passed to a representative of the Washoe Tribe by an indigenous Buryat monk from the Russian state Buryatia, discussing how to protect Lake Baikal and the lands and natural resources of cultural importance to the indigenous people that region in southern Siberia. Notwithstanding... |
2006 |
| John W. Head |
Protecting and Supporting Indigenous Peoples in Latin America: Evaluating the Recent World Bank and Idb Policy Initiatives |
14 Michigan State Journal of International Law 383 (2006) |
In this article, John Head draws on his experience with international financial institutions to offer both descriptive and prescriptive observations about the recent legal initiatives taken by the World Bank and the Inter-American Development Bank (IDB) on issues relating to the interests of indigenous peoples, particularly in Latin America. He... |
2006 |
| Lydia Edwards |
Protecting Black Tribal Members: Is the Thirteenth Amendment the Linchpin to Securing Equal Rights Within Indian Country? |
8 Berkeley Journal of African-American Law & Policy 122 (2006) |
Today a contentious division between descendants of former slaves and formerly slaveholding tribes has resulted in the loss of voting rights, access to federally funded programs, and identity for those descendents. Yet their tribal membership has survived, until recent attempts by the Cherokee and Seminole Tribes to disenfranchise and even... |
2006 |
| Lydia Edwards |
PROTECTING BLACK TRIBAL MEMBERS: IS THE THIRTEENTH AMENDMENT THE LINCHPIN TO SECURING EQUAL RIGHTS WITHIN INDIAN COUNTRY? |
8 Berkeley Journal of African-American Law & Policy 122 (2006) |
Today a contentious division between descendants of former slaves and formerly slaveholding tribes has resulted in the loss of voting rights, access to federally funded programs, and identity for those descendents. Yet their tribal membership has survived, until recent attempts by the Cherokee and Seminole Tribes to disenfranchise and even... |
2006 |
| Matthew F. Jaksa |
Putting the "Sustainable" Back in Sustainable Development: Recognizing and Enforcing Indigenous Property Rights as a Pathway to Global Environmental Sustainability |
21 Journal of Environmental Law & Litigation 157 (2006) |
I. From Past to Present: Colonialism's Impact on Indigenous Peoples and Territories. 164 A. Colonialist Conceptions of Indigenous Ownership. 164 B. Neocolonialist Assaults on Indigenous Lands and Resources. 171 II. The Failings of the Sustainable Development Model of Environmental Protection. 178 III. Recognizing and Enforcing Indigenous Property... |
2006 |
| Alex Tallchief Skibine |
Redefining the Status of Indian Tribes Within "Our Federalism": Beyond the Dependency Paradigm |
38 Connecticut Law Review 667 (May, 2006) |
In 1978, Justice Rehnquist, writing for the Court, boldly asserted that [u]pon incorporation into the territory of the United States, the Indian tribes thereby come under the territorial sovereignty of the United States and their exercise of separate power is constrained so as not to conflict with the interests of this overriding sovereignty.... |
2006 |
| Alex Tallchief Skibine |
REDEFINING THE STATUS OF INDIAN TRIBES WITHIN "OUR FEDERALISM": BEYOND THE DEPENDENCY PARADIGM |
38 Connecticut Law Review 667 (May, 2006) |
In 1978, Justice Rehnquist, writing for the Court, boldly asserted that [u]pon incorporation into the territory of the United States, the Indian tribes thereby come under the territorial sovereignty of the United States and their exercise of separate power is constrained so as not to conflict with the interests of this overriding sovereignty.... |
2006 |
| Alex B. Roberts |
Reservations on Tribal Sovereignty: How United States V. Lara Will Affect Indians, Tribes, and the Fight to Regain Independence |
43 Houston Law Review 527 (Symposium 2006) |
I. Introduction. 528 II. United States v. Lara. 529 A. Background. 529 B. The Supreme Court Weighs In. 531 1. Justice Breyer's Majority. 531 2. The Concurrences. 532 3. Justice Souter's Dissent. 534 III. Lara: Looking Back and Reaching Forward. 534 A. Tribal Sovereignty and Criminal Jurisdiction: A Historical Look. 536 1. The Constitution and the... |
2006 |
| Alex B. Roberts |
RESERVATIONS ON TRIBAL SOVEREIGNTY: HOW UNITED STATES V. LARA WILL AFFECT INDIANS, TRIBES, AND THE FIGHT TO REGAIN INDEPENDENCE |
43 Houston Law Review 527 (Symposium 2006) |
I. Introduction. 528 II. United States v. Lara. 529 A. Background. 529 B. The Supreme Court Weighs In. 531 1. Justice Breyer's Majority. 531 2. The Concurrences. 532 3. Justice Souter's Dissent. 534 III. Lara: Looking Back and Reaching Forward. 534 A. Tribal Sovereignty and Criminal Jurisdiction: A Historical Look. 536 1. The Constitution and the... |
2006 |
| Jennifer A. Hamilton , Baylor College of Medicine |
Resettling Musqueam Park: Property, Landscape, and "Indian Land" in British Columbia |
29 PoLAR: Political and Legal Anthropology Review 88 (May, 2006) |
Musqueam Park, an affluent residential subdivision located on an Indian reserve in Vancouver, British Columbia, became the site of an intense five-year struggle when the Musqueam Indian Band tried to collect higher land rents from its nonindigenous tenants. In late 2000, the Supreme Court of Canada ruled that Indian land was significantly less... |
2006 |
| Linda O. Smiddy |
Responding to Professor Janda--the U.s. Experience: the Alaska Native Claims Settlement Act (Ancsa) Regional Corporation as a Form of Social Enterprise |
30 Vermont Law Review 823 (Spring, 2006) |
In 1971, the United States Congress passed the Alaska Native Claims Settlement Act (ANCSA or the Act) to settle Alaska natives' (Natives) aboriginal claims to vast tracts of lands in Alaska. In 1975 and 1978, Canada and Quebec concluded, respectively, the James Bay and Northern Québec Agreement and the Northeastern Québec Agreement, to resolve... |
2006 |
| Curtis G. Berkey |
Rethinking the Role of the Federal Trust Responsibility in Protecting Indian Land and Resources |
83 Denver University Law Review 1069 (2006) |
It has been 175 years since Chief Justice John Marshall described the relationship of sovereign Indian tribes to the United States as resembl[ing] that of a ward to his guardian because tribes look to our government for protection and could perhaps, be denominated domestic, dependent nations. Fifty years after the Cherokee cases, this... |
2006 |
| Matthew L.M. Fletcher |
Reviving Local Tribal Control in Indian Country |
53-APR Federal Lawyer 38 (March/April, 2006) |
Progressive tribes, states, and local governments traverse the jurisdictional wasteland of Indian country by negotiating their conflicts into intergovernmental agreements. Reticent states and local governments have sought refuge in the federal courts because the Supreme Court's Indian cases tend to value state interests over tribal interests,... |
2006 |
| Matthew L.M. Fletcher |
REVIVING LOCAL TRIBAL CONTROL IN INDIAN COUNTRY |
53-APR Federal Lawyer 38 (March/April, 2006) |
Progressive tribes, states, and local governments traverse the jurisdictional wasteland of Indian country by negotiating their conflicts into intergovernmental agreements. Reticent states and local governments have sought refuge in the federal courts because the Supreme Court's Indian cases tend to value state interests over tribal interests,... |
2006 |
| Matthew L.M. Fletcher , Michigan State University College of Law |
Same-sex Marriage, Indian Tribes, and the Constitution |
61 University of Miami Law Review 53 (October, 2006) |
This Article explores the impact of a same-sex marriage amendment on the place of Indian tribes in the Federal Constitution. A same-sex marriage amendment, depending on the text, might serve to incorporate Indian tribes into the Federal Union as the third sovereign. The Constitution has not been amended to incorporate Indian tribes into the Federal... |
2006 |
| Matthew L.M. Fletcher , Michigan State University College of Law |
SAME-SEX MARRIAGE, INDIAN TRIBES, AND THE CONSTITUTION |
61 University of Miami Law Review 53 (October, 2006) |
This Article explores the impact of a same-sex marriage amendment on the place of Indian tribes in the Federal Constitution. A same-sex marriage amendment, depending on the text, might serve to incorporate Indian tribes into the Federal Union as the third sovereign. The Constitution has not been amended to incorporate Indian tribes into the Federal... |
2006 |
| S. Mike Murphy |
Sarbanes-oxley and Alaska Native Corporations: Do the Regulations Apply? |
23 Alaska Law Review 265 (December, 2006) |
The Sarbanes-Oxley Act of 2002 is a wide-reaching securities regulatory reform effort aimed at protecting shareholders and increasing corporate managerial accountability. This Note assesses the impact of the new regulations on Alaska Native Corporations. After establishing that Native Corporations are largely exempt from most of the provisions of... |
2006 |
| Jo Ann J. Brighton , Mark N. Berman , Kennedy Covington Lobdell & Hickman LLP; Charlotte, N.C. jbrighton @kennedycovington.com, Nixon Peabody LLP; Boston mberman@nixonpeabody.com |
Second-lien Financings: Enforcement of Intercreditor Agreements in Bankruptcy |
25-FEB American Bankruptcy Institute Journal 38 (February, 2006) |
Unfortunately, it appears unlikely that we will see for some time a seminal court decision that will provide clear guidance on the likelihood that a bankruptcy court will enforce those provisions in an intercreditor agreement that are intended to conform the actions of the first and second lienholders during a bankruptcy proceeding of the common... |
2006 |
| Erik B. Bluemel |
Separating Instrumental from Intrinsic Rights: Toward an Understanding of Indigenous Participation in International Rule-making |
30 American Indian Law Review 55 (2005-2006) |
Increasingly groups are participating in global governance, however, most justifications for such participation are based upon an analysis of the benefits of participation for the governance system rather than also considering the impact of participation upon the groups. Justifications for group participation are typically borne from a... |
2006 |
| Kelly P. O'Neill |
Sioux Unhappy: Challenging the Ncaa's Ban on Native American Imagery |
42 Tulsa Law Review 171 (Fall, 2006) |
Absolute discretion is a ruthless master. It is more destructive of freedom than any of man's other inventions. --United States Supreme Court Justice William O. Douglas With more than a century of competition under its belt, the University of North Dakota (UND) athletic program has reveled in its share of victories. Men's hockey has brought seven... |
2006 |
| Jenny J. Yang |
Small Business, Rising Giant: Policies and Costs of Section 8(a) Contracting Preferences for Alaska Native Corporations |
23 Alaska Law Review 315 (December, 2006) |
Under the Small Business Act, Alaska Native corporations (ANCs) not only have special contracting status under the Section 8(a) Business Development Program but also enjoy additional advantages over other small businesses. In recent years this legal treatment has come under scrutiny and criticism due to instances in which work under contracts... |
2006 |
| Crystal Mothershead Gaudette |
South Florida Water Management District V. Miccosukee Tribe of Indians: the Slippery Slope to Federal Control of State Water Diversions |
39 U.C. Davis Law Review 669 (February, 2006) |
Introduction. 671 I. Background. 675 A. The Clean Water Act. 676 B. Characterizing a Release as a Point Source Discharge. 678 II. South Florida Water Management District v. Miccosukee Tribe of Indians. 682 A. Facts and Procedure. 682 B. Holding and Rationale. 685 III. Analysis. 685 A. Miccosukee Diverges from the CWA's Express Exceptions of State... |
2006 |
| Federico Lenzerini |
Sovereignty Revisited: International Law and Parallel Sovereignty of Indigenous Peoples |
42 Texas International Law Journal 155 (Fall 2006) |
I. Introduction: The Evolution of the Concept of Sovereignty from Political Theory to International Law. 156 II. Sovereignty, Self-Determination of Peoples, and Democracy. 160 III. Indigenous Sovereignty. 163 IV. Major Potential Titles of Indigenous Sovereignty. 166 A. Recognizing the Invalidity of the Original Title of Indigenous Lands... |
2006 |
| Jonathan C. Thomas |
Spatialis Liberum |
7 Florida Coastal Law Review 579 (Summer, 2006) |
Within the realms of the corpus juris spatialis, scholars are envisioning the future of humankind and what laws should govern their progeny. This movement is reminiscent of earlier times, not far removed, when new advances by humankind in outer space were on the daily news and prime-time television. The renaissance of this new intellectual push,... |
2006 |
| Amy Borgman |
Stamping out the Embers of Tribal Sovereignty: City of Sherrill V. Oneida Indian Nation and its Aftermath |
10 Great Plains Natural Resources Journal 59 (Spring 2006) |
[T]he power to tax involves the power to destroy . . . . Great nations, like great men, should keep their word. I. Introduction. 59 II. Facts and Procedure. 61 III. Background. 62 A. Principles of Indian Law. 62 1. The Discovery Doctrine. 62 2. The Federal Trust Responsibility to Indian Nations. 63 3. Early Indian Tax Cases. 64 B. Equitable... |
2006 |
| Amy E. Den Ouden, University of Massachusetts Boston |
Stuart Banner. How the Indians Lost Their Land: Law and Power on the Frontier. Cambridge: Belknap Press of the Harvard University Press, 2005. 344 Pp. $29.95 (Cloth); $18.95 (Paper) |
48 American Journal of Legal History 343 (July, 2006) |
Stuart Banner proposes that the politico-legal history of the dispossession of indigenous peoples in North America must be framed in terms of a spectrum bounded by poles of conquest and contract (p. 4). Banner launches his argument from the very practical consideration of how he might best answer a question posed by one of his students: whether... |
2006 |
| Rob Roy Smith , Morisset, Schlosser, Jozwiak & McGaw |
Taxing Times |
49-FEB Advocate 20 (February, 2006) |
In the January 2005 issue of The Advocate, I wrote an article about shifts in judicial thinking regarding Indian tax law. In that article I encouraged Idaho practitioners to follow a number of tax law cases with potentially major ramifications for Indian tribes and the state of Idaho. One such case was a decision by the Tenth Circuit Court of... |
2006 |
| G. William Rice |
Teaching Decolonization: Reacquisition of Indian Lands Within and Without the Box--an Essay |
82 North Dakota Law Review 811 (2006) |
Article 26 of the Draft Declaration on the Rights of Indigenous Peoples provides: 1. [Indian] peoples have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired. 2. [Indian] peoples have the right to own, use, develop and control the lands, territories and resources that they... |
2006 |
| Alex Tallchief Skibine |
Teaching Indian Law in an Anti-tribal Era |
82 North Dakota Law Review 777 (2006) |
One year, on the last day of my federal Indian law class, one student asked me whether in answering the exam, I wanted her to answer according to what the law was or what I thought the law should be. Her question reminded me of Robert Laurence's article criticizing some scholarship for being perhaps a little out of touch with reality. Was this... |
2006 |
| Alex Tallchief Skibine |
TEACHING INDIAN LAW IN AN ANTI-TRIBAL ERA |
82 North Dakota Law Review 777 (2006) |
One year, on the last day of my federal Indian law class, one student asked me whether in answering the exam, I wanted her to answer according to what the law was or what I thought the law should be. Her question reminded me of Robert Laurence's article criticizing some scholarship for being perhaps a little out of touch with reality. Was this... |
2006 |
| Cheyañna L. Jaffke |
The "Existing Indian Family" Exception to the Indian Child Welfare Act: the States' Attempt to Slaughter Tribal Interests in Indian Children |
66 Louisiana Law Review 733 (Spring, 2006) |
Pretend for a moment that War of the Worlds is not science fiction, but rather reality. Instead of the Martians dying, they actually live and govern humans. At first, the policy of the Martian government toward humans is assimilation. They want all humans to think and act like Martians. Therefore, they passed rules and regulations to further that... |
2006 |
| Cheyañna L. Jaffke |
THE "EXISTING INDIAN FAMILY" EXCEPTION TO THE INDIAN CHILD WELFARE ACT: THE STATES' ATTEMPT TO SLAUGHTER TRIBAL INTERESTS IN INDIAN CHILDREN |
66 Louisiana Law Review 733 (Spring, 2006) |
Pretend for a moment that War of the Worlds is not science fiction, but rather reality. Instead of the Martians dying, they actually live and govern humans. At first, the policy of the Martian government toward humans is assimilation. They want all humans to think and act like Martians. Therefore, they passed rules and regulations to further that... |
2006 |
| Kelly Gaines Stoner , Casey Ross-Petherick |
The "Who and Where" Means the State Takes All: State Taxation Crosses into Indian Country |
30 American Indian Law Review 385 (2005-2006) |
The ability to tax is a core attribute of tribal sovereignty. Taxation in Indian Country is one of the most complex areas of Indian Law. Not only must tribes work within the framework established by federal statutes and the United States Supreme Court, but tribes must also brace for direct attacks on tribal sovereignty by state legislatures. State... |
2006 |
| Megan J. Renfrew |
The 100% Federal Medical Assistance Percentage: a Tool for Increasing Federal Funding for Health Care for American Indians and Alaska Natives |
40 Columbia Journal of Law and Social Problems 173 (Winter 2006) |
The Indian Health Care Improvement Act requires the Centers for Medicare and Medicaid Services (CMS) to reimburse states for the cost of services provided to Medicaid-enrolled American Indians and Alaska Natives (AIAN) receiving care through the Indian Health Service (IHS). The Federal Medical Assistance Percentage (FMAP), the rate at which CMS... |
2006 |
| Kristina L. McCulley |
The American Indian Probate Reform Act of 2004: the Death of Fractionation or Individual Native American Property Interests and Tribal Customs? |
30 American Indian Law Review 401 (2005-2006) |
The public outcry protesting the Supreme Court's recent expansion of Fifth Amendment takings jurisprudence in Kelo v. City of New London reflects the citizenry's devotion to preserving the right of private property as an important American value. Although the ramifications of Kelo surprised most of the nation, Native Americans have long known the... |
2006 |
| Jason C. Nelson |
The Application of the International Law of State Succession to the United States: a Reassessment of the Treaty Between the Republic of Texas and the Cherokee Indians |
17 Duke Journal of Comparative & International Law L. 1 (Fall 2006) |
Perhaps no event in the modern era has been more profoundly consequential than the European discovery of the Americas. . . . Over a succession of generations, Europeans devised rules intended to justify the dispossession and subjugation of the native peoples . . . . Of these rules, the most fundamental were those governing the ownership of land.... |
2006 |