American Indians, American Justice

by Vine Deloria Jr., Clifford M. Lytle

This comprehensive overview of federal Indian law explores the context and complexities of modern Native American politics and legal rights.

Both accessible and authoritative, American Indians, American Justice is an essential sourcebook for all concerned with the plight of the contemporary Indian. Beginning with an examination of the historical relationship of Indians and the courts, the authors describe how tribal courts developed and operate today, and how they relate to federal and state governments. They also define such key legal concepts as tribal sovereignty and Indian Country.

By comparing and contrasting the workings of Indian and non-Indian legal institutions, the authors illustrate how Indian tribes have adapted their customs, values, and institutions to the demands of the modern world. They examine how attorneys and Indian advocates defend Indian rights; identify the typical challenges Indians face in the criminal and civil legal arenas; and explore the public policy and legal rights of Indians as regards citizenship, voting rights, religious freedom, and basic governmental services.

Genres: Nonfiction, History, Indigenous, Law, Indigenous History, Native American, Native American History

279 pages, Kindle Edition

First published September 1, 1983

About the author

Vine Victor Deloria, Jr. was an American Indian author, theologian, historian, and activist. He was widely known for his book Custer Died for Your Sins: An Indian Manifesto (1969), which helped generate national attention to Native American issues in the same year as the Alcatraz-Red Power Movement. From 1964–1967, he had served as executive director of the National Congress of American Indians, increasing tribal membership from 19 to 156. Beginning in 1977, he was a board member of the National Museum of the American Indian, which now has buildings in both New York City and Washington, DC.

Deloria began his academic career in 1970 at Western Washington State College at Bellingham, Washington. He became Professor of Political Science at the University of Arizona (1978–1990), where he established the first master's degree program in American Indian Studies in the United States. After ten years at the University of Colorado, Boulder, he returned to Arizona and taught at the School of Law.

Reviews

[Michelle Boyer · Rating 3 out of 5]

I am typically a fan of Deloria Jr.’s work, including his works co-authored by Lytle, but this text gets bogged down a bit. The information inside is worthwhile, but the writing at times gets just a little bit too heavy and left me losing focus (hence, 3 stars for writing quality, but it would easily receive a 4.5 for the information it contains).

The text is broken down into the following:
• American Indians in Historical Perspectives
• Federal Responsibility and Power over Indian Affairs
• Indian Country
• Evolution of Tribal Governments
• Indian Judicial System
• Role of Attorneys, Advocates, and Legal Interest Groups in the Indian System of Law
• Criminal System of Justice in Indian Country
• Civil System of Justice in Indian Country
• Public Policy and the Legal Rights of Indians

The first chapter offers a quick, concise reading on the different eras of Federal Policy that explain how the government, at the time, is dealing with American Indians. This of course includes a termination era, where the government refused to even acknowledge American Indians. I enjoy this chapter and recommend it to students that need a refresher on the eras, or just need an overview in general. It might be the best chapter in the entire novel though (in my opinion) and it is only meant to be an overview.

I also enjoyed the chapter on “Indian Country” because there is a brief discussion of how to define Indian Country, as well as some discussion of how jurisdiction issues arise—which leads into other chapters. While I do enjoy the other chapters that discuss the evolution of tribal governments—one should keep in mind that this is a generalized statement on what tribal governments look like. There are, of course, variances depending on which nation is being discussed (Navajo tribal government looks much different than the Cherokee system, for example). So, as a general chapter this is good (as are the chapters that follow) but keep in mind you should probably also delve into a specific nation if you want specific information about the tribal government of that nation.

[Walter Knapp · Rating 5 out of 5]

Excellent discussion about the growth of Indian Law and its relationship with U. S. Law.

[John · Rating 4 out of 5]

This book is a bit redundant in places— the authors seems to have written it on the assumption that it would be used in the classroom, and so that chapters might have been skipped— and it could use a proper conclusion, but overall a very clear a nuanced overview of the judicial status of Native Americans. Also contains the best brief overview of the history of Indian policy in the US that I've seen.

[Autumn · Rating 5 out of 5]

Wonderful, concise exploration of Indian Law. As an American Indian myself, this book really helped me understand how I legally exist in America. Most of what I was raised with (and what you hear about) is spirituality and family, and now I'm really being able to draw concise conclusions about current issues. A great read and a new perspective for anyone interested!

[Cheryl · Rating 5 out of 5]

Nicely written. Enjoyed this a great deal..

[Malcolm · Rating 5 out of 5]

Met him when I read this @ ASU. RIP Vine Deloria, Jr.