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JOURNAL of COURT INNOVATION Volume 2 Number 2 Fall 2009
JOURNAL OF COURT INNOVATION Volume 2 Number 2 Fall 2009 SPECIAL ISSUE ON TRIBAL JUSTICE A Word from the Executive Editors Greg Berman, Juanita Bing Newton, Michelle S. Simon . v ARTICLES Full Faith and Credit and Cooperation Between State and Tribal Courts: Catching Up to the Law Paul Stenzel. 225 Treaties, Tribal Courts, and Jurisdiction: The Treaty of Canandaigua and the Six Nations’ Sovereign Right to Exercise Criminal Jurisdiction Carrie E. Garrow . 249 21st Century Indians: The Dilemma of Healing Carey N. Vicenti. 279 The State of Pretrial Release Decision-Making in Tribal Jurisdictions: Closing the Knowledge Gap John Clark . 297 Tribal Probation: An Overview for Tribal Court Judges Kimberly A. Cobb and Tracy G. Mullins . 329 INTERVIEWS Introduction Reflections on Tribal Justice: Conversations with Native American Judges . 345 Abby Abinanti, Chief Judge, Yurok Tribal Court, Klamath, California, and California Superior Court Commissioner . 347 P.J. Herne, Chief Judge, St. Regis Mohawk Tribal Court, Akwesasne, N.Y.. 359 B.J. Jones, Tribal Court Judge and Director, Tribal Judicial Institute at the University of North Dakota School of Law . 367 David Raasch, Judge, Stockbridge-Munsee Tribal Court, Bowler, Wisconsin . 381 Barbara Smith, Chief Justice, Chickasaw Nation Supreme Court, Ada, Oklahoma . 391 Korey Wahwassuck, Associate Judge, Leech Lake Band of Ojibwe Tribal Court, Cass Lake, Minnesota . 405 BOOK REVIEWS Making Indian Law: The Hualapai Land Case and the Birth of Ethnohistory by Christian W. McMillen Aaron Arnold . 419 Legal Accents, Legal Borrowing: The International Problem-Solving Court Movement by James L. Nolan, Jr. Ben Ullmann . 425 American Juries: The Verdict by Neil Vidmar & Valerie P. -
The Frontiers of American Grand Strategy: Settlers, Elites, and the Standing Army in America’S Indian Wars
THE FRONTIERS OF AMERICAN GRAND STRATEGY: SETTLERS, ELITES, AND THE STANDING ARMY IN AMERICA’S INDIAN WARS A Dissertation submitted to the Faculty of the Graduate School of Arts and Sciences of Georgetown University in partial fulfillment of the requirements for the degree of Doctor of Philosophy in Government By Andrew Alden Szarejko, M.A. Washington, D.C. August 11, 2020 Copyright 2020 by Andrew Alden Szarejko All Rights Reserved ii THE FRONTIERS OF AMERICAN GRAND STRATEGY: SETTLERS, ELITES, AND THE STANDING ARMY IN AMERICA’S INDIAN WARS Andrew Alden Szarejko, M.A. Thesis Advisor: Andrew O. Bennett, Ph.D. ABSTRACT Much work on U.S. grand strategy focuses on the twentieth and twenty-first centuries. If the United States did have a grand strategy before that, IR scholars often pay little attention to it, and when they do, they rarely agree on how best to characterize it. I show that federal political elites generally wanted to expand the territorial reach of the United States and its relative power, but they sought to expand while avoiding war with European powers and Native nations alike. I focus on U.S. wars with Native nations to show how domestic conditions created a disjuncture between the principles and practice of this grand strategy. Indeed, in many of America’s so- called Indian Wars, U.S. settlers were the ones to initiate conflict, and they eventually brought federal officials into wars that the elites would have preferred to avoid. I develop an explanation for settler success and failure in doing so. I focus on the ways that settlers’ two faits accomplis— the act of settling on disputed territory without authorization and the act of initiating violent conflict with Native nations—affected federal decision-making by putting pressure on speculators and local elites to lobby federal officials for military intervention, by causing federal officials to fear that settlers would create their own states or ally with foreign powers, and by eroding the credibility of U.S. -
Outline of United States Federal Indian Law and Policy
Outline of United States federal Indian law and policy The following outline is provided as an overview of and topical guide to United States federal Indian law and policy: Federal Indian policy – establishes the relationship between the United States Government and the Indian Tribes within its borders. The Constitution gives the federal government primary responsibility for dealing with tribes. Law and U.S. public policy related to Native Americans have evolved continuously since the founding of the United States. David R. Wrone argues that the failure of the treaty system was because of the inability of an individualistic, democratic society to recognize group rights or the value of an organic, corporatist culture represented by the tribes.[1] U.S. Supreme Court cases List of United States Supreme Court cases involving Indian tribes Citizenship Adoption Mississippi Band of Choctaw Indians v. Holyfield, 490 U.S. 30 (1989) Adoptive Couple v. Baby Girl, 530 U.S. _ (2013) Tribal Ex parte Joins, 191 U.S. 93 (1903) Santa Clara Pueblo v. Martinez, 436 U.S. 49 (1978) Mississippi Band of Choctaw Indians v. Holyfield, 490 U.S. 30 (1989) South Dakota v. Bourland, 508 U.S. 679 (1993) Civil rights Oliphant v. Suquamish Indian Tribe, 435 U.S. 191 (1978) United States v. Wheeler, 435 U.S. 313 (1978) Congressional authority Ex parte Joins, 191 U.S. 93 (1903) White Mountain Apache Tribe v. Bracker, 448 U.S. 136 (1980) California v. Cabazon Band of Mission Indians, 480 U.S. 202 (1987) South Dakota v. Bourland, 508 U.S. 679 (1993) United States v. -
The Mckee Treaty of 1790: British-Aboriginal Diplomacy in the Great Lakes
The McKee Treaty of 1790: British-Aboriginal Diplomacy in the Great Lakes A thesis submitted to the College of Graduate and Postdoctoral Studies In partial fulfilment of the requirements for MASTER OF ARTS in the Department of History UNIVERSITY OF SASKATCHEWAN Saskatoon by Daniel Palmer Copyright © Daniel Palmer, September 2017 All Rights Reserved Permission to Use In presenting this thesis/dissertation in partial fulfilment of the requirements for a Postgraduate degree from the University of Saskatchewan, I agree that the Libraries of this University may make it freely available for inspection. I further agree that permission for copying of this thesis/dissertation in any manner, in whole or in part, for scholarly purposes may be granted by the professor or professors who supervised my thesis/dissertation work or, in their absence, by the Head of the Department or the Dean of the College in which my thesis work was done. It is understood that any copying or publication or use of this thesis/dissertation or parts thereof for financial gain shall not be allowed without my written permission. It is also understood that due recognition shall be given to me and to the University of Saskatchewan in any scholarly use which may be made of any material in my thesis/dissertation. Requests for permission to copy or to make other uses of materials in this thesis/dissertation in whole or part should be addressed to: Head of the Department of History HUMFA Administrative Support Services Room 522, Arts Building University of Saskatchewan 9 Campus Drive Saskatoon, Saskatchewan S7N 5A5 i Abstract On the 19th of May, 1790, the representatives of four First Nations of Detroit and the British Crown signed, each in their own custom, a document ceding 5,440 square kilometers of Aboriginal land to the Crown that spring for £1200 Quebec Currency in goods. -
The Emergence and Decline of the Delaware Indian Nation in Western Pennsylvania and the Ohio Country, 1730--1795
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by The Research Repository @ WVU (West Virginia University) Graduate Theses, Dissertations, and Problem Reports 2005 The emergence and decline of the Delaware Indian nation in western Pennsylvania and the Ohio country, 1730--1795 Richard S. Grimes West Virginia University Follow this and additional works at: https://researchrepository.wvu.edu/etd Recommended Citation Grimes, Richard S., "The emergence and decline of the Delaware Indian nation in western Pennsylvania and the Ohio country, 1730--1795" (2005). Graduate Theses, Dissertations, and Problem Reports. 4150. https://researchrepository.wvu.edu/etd/4150 This Dissertation is protected by copyright and/or related rights. It has been brought to you by the The Research Repository @ WVU with permission from the rights-holder(s). You are free to use this Dissertation in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you must obtain permission from the rights-holder(s) directly, unless additional rights are indicated by a Creative Commons license in the record and/ or on the work itself. This Dissertation has been accepted for inclusion in WVU Graduate Theses, Dissertations, and Problem Reports collection by an authorized administrator of The Research Repository @ WVU. For more information, please contact [email protected]. The Emergence and Decline of the Delaware Indian Nation in Western Pennsylvania and the Ohio Country, 1730-1795 Richard S. Grimes Dissertation submitted to the Eberly College of Arts and Sciences at West Virginia University in partial fulfillment of the requirements for the degree of Doctor of Philosophy in History Mary Lou Lustig, Ph.D., Chair Kenneth A. -
People of the Three Fires: the Ottawa, Potawatomi, and Ojibway of Michigan.[Workbook and Teacher's Guide]
DOCUMENT RESUME ED 321 956 RC 017 685 AUTHOR Clifton, James A.; And Other., TITLE People of the Three Fires: The Ottawa, Potawatomi, and Ojibway of Michigan. Workbook and Teacher's Guide . INSTITUTION Grand Rapids Inter-Tribal Council, MI. SPONS AGENCY Department of Commerce, Washington, D.C.; Dyer-Ives Foundation, Grand Rapids, MI.; Michigan Council for the Humanities, East Lansing.; National Endowment for the Humanities (NFAH), Washington, D.C. REPORT NO ISBN-0-9617707-0-8 PUB DATE 86 NOTE 225p.; Some photographs may not reproduce ;4011. AVAILABLE FROMMichigan Indian Press, 45 Lexington N. W., Grand Rapids, MI 49504. PUB TYPE Books (010) -- Guides - Classroom Use - Guides '.For Teachers) (052) -- Guides - Classroom Use- Materials (For Learner) (051) EDRS PRICE MFU1 /PC09 Plus Postage. DESCRIPTORS *American Indian Culture; *American Indian History; American Indians; *American Indian Studies; Environmental Influences; Federal Indian Relationship; Political Influences; Secondary Education; *Sociix- Change; Sociocultural Patterns; Socioeconomic Influences IDENTIFIERS Chippewa (Tribe); *Michigan; Ojibway (Tribe); Ottawa (Tribe); Potawatomi (Tribe) ABSTRACT This book accompanied by a student workbook and teacher's guide, was written to help secondary school students to explore the history, culture, and dynamics of Michigan's indigenous peoples, the American Indians. Three chapters on the Ottawa, Potawatomi, and Ojibway (or Chippewa) peoples follow an introduction on the prehistoric roots of Michigan Indians. Each chapter reflects the integration -
Indiana School Days: Native American Education at St
INDIANA SCHOOL DAYS: NATIVE AMERICAN EDUCATION AT ST. JOSEPH'S INDIAN NORMAL SCHOOL AND WHITE'S MANUAL LABOR INSTITUTE Alysha Danielle Zemanek Submitted to the faculty of the University Graduate School in partial fulfillment of the requirements for the degree Master of Arts in the Department of History Indiana University June 2017 Accepted by the Graduate Faculty, Indiana University, in partial fulfillment of the requirements for the degree of Master of Arts. Master's Thesis Committee ________________________________________ Jennifer E. Guiliano, Ph.D., Chair ________________________________________ Modupe G. Labode, D.Phil. ________________________________________ Larry J. Zimmerman, Ph.D. ii Acknowledgements I would like to acknowledge a number of people whose support and encouragement helped to make this study possible. First, I want to thank my committee members, Dr. Modupe Labode and Dr. Larry Zimmerman, for their criticism, insight, and above all their enthusiasm for my research topic. I especially want to thank my advisor, Dr. Jennifer Guiliano, for her guidance and encouragement throughout this process. Without your patience and motivation, I would doubtlessly still be working on this study. I want to thank the IUPUI Public History Department and in particular Dr. Elizabeth Monroe, Dr. Nancy Robertson, and Dr. Robert Barrows for their help in the early stages of my research and writing. I would also like to thank Dr. Jody Taylor Watkins for her help in locating and making accessible the St. Joseph's Indian Normal School Collection. I want to thank my family and friends for their understanding, patience, and encouragement. My friends and colleagues in the Public History Department helped to keep me motivated and sane in the course of my research and writing, even as many of them were doing the same. -
Ohio History Day 2017 Local History Topics Conflict & Compromise
Ohio History Day 2017 Local History Topics Conflict & Compromise Civil Rights Ohio Underground Railroad John Rankin Ohio abolitionists Oberlin College Ohio Anti-Slavery Society Ohio Ratification of the 13th Amendment Ohio Ratification of the 14th Amendment Oberlin-Wellington Rescue Case Ohio Women’s Rights Movement Ohio Civil Rights Act of 1959 Ohio Civil Rights Law of 1894 Ohio Fair Housing Act of 1965 Civil War Clement Vallandigham and the Peace Democrats Commerce Osborn v. Bank of the United States Education Ohio School Desegregation Penick vs. Columbus Board of Education Reed vs. Rhodes DeRolph v. State of Ohio French and Indian War Treaty of Paris (1763) Pontiac's Rebellion Proclamation of 1763 Government Proclamation of 1763 Ordinance of 1784 Northwest Ordinance of 1787 Enabling Act of 1802 Ohio Constitution of 1803 Ohio Constitution of 1851 Ohio Constitutional Convention of 1873 - 1874 Ohio Constitutional Convention of 1912 Toledo War (Ohio & Michigan Boundary Dispute) Rutherford B. Hayes Presidential Election – Compromise of 1877 McKinley Tariff Baker vs. Carr Interstate Commerce Act Ohio Un-American Activities Committee Dayton Peace Accords Labor Industrialization Taft-Hartley Labor Management Act O'Neil-Pringle Minimum Wage Bill Ohio’s Worker Compensation Laws Little Steel Strike of 1937 Ohio Consumers' League Akron Rubber Strike of 1936 Great Hocking Valley Coal Strike of 1884-1885 Great Railroad Strike of 1877 Women in the Workforce Great Steel Strike of 1919 Reform Temperance Movement Ohio Women's Temperance Society Ohio Woman Suffrage Association Dow Law Ohio Anti-Saloon League Sherman Anti-Trust Act Ohio Baseball and Integration Migration Urbanization European Immigration Great Migration in Ohio Gist Settlements Native Americans Ohio Indian Wars Ohio Indian Treaties Treaty of Fort Harmar Treaty of Fort Industry Treaty of Fort McIntosh Treaty of Fort Stanwix Tenskwatawa Tecumseh Treaty of Greenville Wayne’s Indian Campaign of 1794 Treaty with the Wyandots (1842) War of 1812 Treaty of Ghent Protests Kent State University Shootings . -
Philosophical, Legal, and Social Rationales for Appropriating the Tribal Estate, 1607 To1980 Arrell Morgan Gibson
American Indian Law Review Volume 12 | Number 1 1-1-1984 Philosophical, Legal, and Social Rationales for Appropriating the Tribal Estate, 1607 to1980 Arrell Morgan Gibson Follow this and additional works at: https://digitalcommons.law.ou.edu/ailr Part of the Indian and Aboriginal Law Commons, Indigenous Studies Commons, Legal History Commons, and the United States History Commons Recommended Citation Arrell M. Gibson, Philosophical, Legal, and Social Rationales for Appropriating the Tribal Estate, 1607 to1980, 12 Am. Indian L. Rev. 3 (), https://digitalcommons.law.ou.edu/ailr/vol12/iss1/2 This Article is brought to you for free and open access by University of Oklahoma College of Law Digital Commons. It has been accepted for inclusion in American Indian Law Review by an authorized editor of University of Oklahoma College of Law Digital Commons. For more information, please contact [email protected]. PHILOSOPHICAL, LEGAL, AND SOCIAL RATIONALES FOR APPROPRIATING THE TRIBAL ESTATE, 1607 TO 1980 Arrell Morgan Gibson* Introduction During the period of 1492 to 1800, several European nations entered the Western Hemisphere and established dominion over vast territories and native people in North America. At various times Spain, France, Holland, Russia, and Great Britain claimed substantial portions of the territory comprising the present United States. Their tenure endured only as long as each claimant-nation was able to accomplish the sustained occupation and to apply the essential power required to make its claim tenable. European and Indian tradition and practice regarding land, its tenure and use, were at variance and comprised a source of con- flict. "The Indian conceived of earth as mother, and as mother she provided food for her children. -
The Dispute Between the Creek Nation and the State of Georgia: United States Diplomacy in the Formation of the Federal Union, 1784-1790
University of Missouri, St. Louis IRL @ UMSL Theses UMSL Graduate Works 7-2-2009 The Dispute Between the Creek Nation and the State of Georgia: United States Diplomacy in the Formation of the Federal Union, 1784-1790 Michael William Beatty University of Missouri-St. Louis, [email protected] Follow this and additional works at: https://irl.umsl.edu/thesis Recommended Citation Beatty, Michael William, "The Dispute Between the Creek Nation and the State of Georgia: United States Diplomacy in the Formation of the Federal Union, 1784-1790" (2009). Theses. 176. https://irl.umsl.edu/thesis/176 This Thesis is brought to you for free and open access by the UMSL Graduate Works at IRL @ UMSL. It has been accepted for inclusion in Theses by an authorized administrator of IRL @ UMSL. For more information, please contact [email protected]. The Dispute Between the Creek Nation and the State of Georgia: United States Diplomacy in the Formation of the Federal Union, 1784 – 1790 Michael William Beatty B.A. (History), The University of Missouri – St. Louis, 2006 B.A. (German), The University of Alabama, 1992 A Thesis Submitted to The Graduate School at The University of Missouri – St. Louis in partial fulfillment of the requirements for the degree Master of Arts in History August 2009 Advisory Committee J. Frederick Fausz, Ph.D., Chairman The University of Missouri – St. Louis Steven W. Rowan, Ph.D. The University of Missouri – St. Louis Peter J. Kastor, Ph.D. Washington University in St. Louis Copyright © 2009 by Michael William Beatty Beatty, Michael, UMSL, 2009, p.2 TABLE OF CONTENTS Introduction ........................................................................................................................... -
Gettysburg Historical Journal 2016
Volume 15 Article 1 2016 Gettysburg Historical Journal 2016 Follow this and additional works at: https://cupola.gettysburg.edu/ghj Part of the Ancient History, Greek and Roman through Late Antiquity Commons, Asian History Commons, European History Commons, Indigenous Studies Commons, Military History Commons, Political History Commons, Social History Commons, and the United States History Commons Share feedback about the accessibility of this item. (2016) "Gettysburg Historical Journal 2016," The Gettysburg Historical Journal: Vol. 15 , Article 1. Available at: https://cupola.gettysburg.edu/ghj/vol15/iss1/1 This open access complete issue is brought to you by The uC pola: Scholarship at Gettysburg College. It has been accepted for inclusion by an authorized administrator of The uC pola. For more information, please contact [email protected]. Gettysburg Historical Journal 2016 Keywords Northwest Indian War, George Washington, Federal Government, Northwest Territory, Henry Knox, Prince Clemens von Metternich, Austrian Empire, French Revolution, Colonial Pennsylvania, Native Americans, Quakers, Pennsylvania Dutch, William Penn, Pennsylvania, Classical Studies, Rome, Language, Latin, Roman History, Shimabara Rebellion, Japanese Christians, Persecution of Christians This complete issue is available in The Gettysburg Historical Journal: https://cupola.gettysburg.edu/ghj/vol15/iss1/1 The GETTYSBURG HISTORICAL JOURNAL Volume XV Spring 2016 Gettysburg Historical Journal Volume XV ~ ~ Spring 2016 General Editors Associate Editors Melanie L. Fernandes Caitlin Connelly Ryan M. Nadeau Julia Deros Sophia D. Vayansky Jeffrey Lauck Kevin Lavery Andrew C. Nosti Brianna O'Boyle Kyle Schrader Department of History Timothy J. Shannon, Department Chair Abou Bamba, Assistant Professor Michael J. Birkner, Professor Peter S. Carmichael, Professor William D. Bowman, Professor Thomas S. -
The Treaty and the Land Surveyor
The Treaty and the Land Surveyor Seminar Notes Donald A. Wilson, LLS, PLS, RPF Land & Boundary Consultants, Inc. 84 Main Street Newfields, NH 03856 ©2020 All Rights Reserved 1 The Treaty and the Land Surveyor Definitions A boundary is the invisible line of division between two contiguous parcels of land, or estates in land. Boundaries may originate, be fixed or be varied by statutory authority, by proved acts of the respective owners (as by plans and deeds, possession, estoppel, or by agreement), or by the courts exercising statutory or inherent jurisdiction. —Boundaries and Surveys, § 1 Significance to the Land Surveyor Surveys: Original: A survey called for or presumed to have been made at the time a parcel or parcels were created. An original survey creates boundaries; it does not ascertain them. First: When a parcel or parcels are created on paper, with a survey being conducted, and a surveyor is later requested to mark one of the paper-described parcels on the ground, this survey should be considered as the “first” survey, in that it is the first survey to be placed on the ground after its description. Resurvey: a reconstruction of land boundaries and subdivisions accomplished by re-running and re-marking the lines represented in the field note record or on the plat of a previous official survey. Retracement: a survey made to ascertain the direction and length of lines and to identify monuments and other marks of an established prior survey. Accurate survey (map): a map reflecting the course and distance measurements, boundaries, and contents of a territory.