Michigan Journal of Race and Law Volume 7 2002 Not Because They are Brown, But Because of Ea*: Why the Good Guys Lost in Rice V. Cayetano, and Why They Didn't Have to Lose Gavin Clarkson Harvard University Follow this and additional works at: https://repository.law.umich.edu/mjrl Part of the Constitutional Law Commons, Indian and Aboriginal Law Commons, Law and Race Commons, Legal History Commons, and the State and Local Government Law Commons Recommended Citation Gavin Clarkson, Not Because They are Brown, But Because of Ea*: Why the Good Guys Lost in Rice V. Cayetano, and Why They Didn't Have to Lose, 7 MICH. J. RACE & L. 317 (2002). Available at: https://repository.law.umich.edu/mjrl/vol7/iss2/2 This Article is brought to you for free and open access by the Journals at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Journal of Race and Law by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact
[email protected]. NOT BECAUSE THEY ARE BROWN, BUT BECAUSE OF EA*:WHY THE GOOD GUYS LOST IN RICE V CAYETANO, AND WHY THEY DIDN'T HAVE TO LOSE Gavin Clarkson** IN TR O D U C T IO N ..........................................................................317 I. CONTEXTUAL PERSPECTIVE ON RELEVANT HISTORY ..........................319 A . Pre-C ontact .................................................................... 320 B. Treaty Making and Removal (1789-1871) ............................. 320 C. Allotment and Assimilation (1871-1928) ............................... 325 D. The Period of Indian Reorganization (1928-1945) ................... 329 E. The Termination Period (1945-1961) ...................................