By Robert A. Williams Jr
ISBN-10: 0816647097
ISBN-13: 9780816647095
Robert A. Williams Jr. boldly exposes the continued felony strength of the racist language directed at Indians in American society. Fueled via recognized unfavorable racial stereotypes of Indian savagery and cultural inferiority, this language, Williams contends, has functioned “like a loaded weapon” within the preferrred Court’s Indian legislation decisions. Beginning with leader Justice John Marshall’s foundational evaluations within the early 19th century and carrying on with at the present time within the judgments of the Rehnquist courtroom, Williams exhibits how undeniably racist language and precedent are nonetheless utilized in Indian legislation to justify the denial of significant rights of estate, self-government, and cultural survival to Indians. development at the insights of Malcolm X, Thurgood Marshall, and Frantz Fanon, Williams argues that racist language has been hired through the courts to legalize a uniquely American kind of racial dictatorship over Indian tribes by way of the U.S. government. Williams concludes with a innovative idea for reimagining the rights of yankee Indians in foreign legislation, in addition to techniques for compelling the present perfect court docket to confront the racist origins of Indian legislation and for hard bigoted methods of conversing, pondering, and writing approximately American Indians. Robert A. Williams Jr. is professor of legislations and American Indian stories on the James E. Rogers collage of legislations, collage of Arizona. A member of the Lumbee Indian Tribe, he's writer of the yankee Indian in Western felony notion: The Discourses of Conquest and coauthor of Federal Indian legislations.
Read or Download Like a Loaded Weapon: The Rehnquist Court, Indian Rights, and the Legal History of Racism in America (Indigenous Americas) PDF
Similar legal history books
Breaking Silence: The Case That Changed the Face of Human Rights (Advancing Human Rights)
Younger seventeen-year-old Joelito Filártiga used to be taken from his kinfolk domestic in Asunción, Paraguay, brutally tortured, and murdered through the Paraguayan police. Breaking Silence is the interior tale of the hunt for justice via his father—the real objective of the police—Paraguayan artist and philanthropist Dr.
The Enemy of All: Piracy and the Law of Nations
The philosophical family tree of a striking antagonist: the pirate, the key to the modern paradigm of the common foe.
Tyrannicide: Forging an American Law of Slavery in Revolutionary South Carolina and Massachusetts
Tyrannicide makes use of a charming narrative to unpack the studies of slavery and slave legislation in South Carolina and Massachusetts through the innovative period. In 1779, through the midst of the yankee Revolution, thirty- 4 South Carolina slaves escaped aboard a British privateer and survived numerous naval battles till the Massachusetts brig Tyrannicide led them to Massachusetts.
New Essays on the Normativity of Law
H. L. A. Hart as soon as argued idea suppressing the normative element of legislation "fails to mark and clarify the an important contrast among mere regularities of human habit and rule-governed habit. " it is a critical challenge for a idea of legislation, on account that a major a part of the felony area is worried with rule-governed behavior and will be expressed in basic terms via use of such notions as norm, legal responsibility, accountability, and correct.
- The Law of Contract 1670-1870
- Historic U.S. Court Cases - An Encyclopedia
- The State vs. Nelson Mandela: The Trial That Changed South Africa
- Under Household Government: Sex and Family in Puritan Massachusetts
Extra info for Like a Loaded Weapon: The Rehnquist Court, Indian Rights, and the Legal History of Racism in America (Indigenous Americas)
Example text
It also seems contrary to what most of us have been taught to believe about our capacity as individuals to escape and transcend deeply entrenched social conventions and attitudes. That is why, most researchers tell us, attacking this type of hostile racist attitude is a particularly daunting challenge. ”25 So for all you empiricists out there who say, “Show me I’m a racial profiler and don’t know it,” here’s a quick self-test I’ve designed and administered to my Indian law students to help them see whether they have been unconsciously influenced by racist stereotypes perpetuated against black people.
What would your reaction be: (1) To help him gladly by pulling out your wallet and giving him a dollar, in fact, make it two? ” (2) To pull out your wallet, give him the whole damn thing, and run screaming down the street? (3) To wish you’d gotten off that street long before some violence-prone black guy ever got that close to you? (4) To try to be very alert in this type of situation? Now ask yourself what your reaction would be if an elderly white woman came up to you in the exact same situation.
The hard trail that must be traveled as a society in ridding ourselves of these types of degrading and diminishing stereotypical images of Indian savagery, iconic primitiveness, and alien otherness has only just begun. The Indian law opinions of the justices of the Rehnquist Court show that they are as confl icted, confused, and disabled as the rest of us when it comes to recognizing that a racist nineteenth- century language of Indian savagery continues to shape the way we think about Indians. xxix xxx | INTRODUCTION The Rehnquist Court’s twenty-fi rst- century Indian rights decisions, as I show in this book, continue to use the same legalized racial profi ling techniques that the Supreme Court justices regularly relied on in the nineteenth century (see chapters 4 and 5).