Rules of the United States Circuit and District Courts, District of South Dakota PDF Download

Author: United States. District Court (South Dakota)
Publisher:
ISBN:
Category : Court rules
Languages : en
Pages : 26

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Author: Frank Pommersheim
Publisher:
ISBN:
Category : Indian courts
Languages : en
Pages : 46

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Author: Frank Pommersheim
Publisher: Univ of California Press
ISBN: 0520208943
Category : History
Languages : en
Pages : 280

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"Pommersheim's book captures the unique evolution of tribal court jurisprudence and the continuing challenge facing tribal courts to meet the demands of the communities they serve. . . . A must read."—Senator Ben Nighthorse Campbell, Colorado "Braid of Feathers bursts with insights and rich evocations of the contemporary rebirth of American Indian cultures and practices. Written from the inside of tribal worlds, this book simultaneously affords a powerful vision of American pluralism. Useful analysis of timely topics, such as economic development initiatives using gambling enterprises, undergirds this important contribution to American Indian law and American studies."—Martha L. Minow, Professor, Harvard Law School "A fresh approach by a thoroughly practical and experienced attorney/professor who understands the complexity of law as it is applied to living societies. Pommersheim deals easily with complex theories and doctrines because he has the good common sense to know that law must be worked out in Indian communities to promote a sense of order and, if possible, a modicum of justice. This volume will stimulate readers to move beyond abstractions and seek realistic solutions to perennial problems."—Vine Deloria, Jr., University of Colorado at Boulder

Author: Matthew L.M. Fletcher
Publisher: Aspen Publishing
ISBN: 1543817432
Category : Law
Languages : en
Pages : 1188

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Nearly every American Indian tribe has its own laws and courts. Taken together, these courts decide thousands of cases. Many span the full panoply of law—from criminal, civil, and probate cases, to divorce and environmental disputes. American Indian Tribal Law, now in its Second Edition, surveys the full spectrum of tribal justice systems. With cases, notes, and historical context, this text is ideal for courses on American Indian Law or Tribal Governments—and an essential orientation to legal practice within tribal jurisdictions. New to the Second Edition: A new chapter on professional responsibility and the regulation of lawyers in tribal jurisdictions Enhanced materials on Indian child welfare Additional materials on tribal laws that incorporate Indigenous language and culture Additional examples from tribal justice systems and practice Recent and noteworthy cases from tribal courts Professors and students will benefit from: A broad survey of dispute resolution systems within tribal jurisdictions A review of recent flashpoints in tribal law, such as internal tribal political matters, including intractable citizenship and election disputes enhanced criminal jurisdiction over nonmembers and non-Indians tribal constitutional reform, including a case study on the White Earth Nation Cases and material reflecting a wide range of American Indian tribes and legal issues Excerpts and commentary from a wellspring of current scholarship

Author: Patrick Lee
Publisher: iUniverse
ISBN: 1532052545
Category : History
Languages : en
Pages : 249

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Oglala Chief Red Cloud is quoted as saying, "The white man made many promises to us, but he kept only one; he promised to take our land and he took it." Initially the method of taking Indian land was through treaties, a legitimate and acceptable agreement between Indian nations and the United States. Following the treaty period, Congress embarked on a series of legislative acts, administrative decisions, and outright confiscation of Indian lands, which resulted in the loss of millions of acres of Indian land; particularly, the land of the Lakota Sioux Indians of western South Dakota.This book describes the methods, other than treaties, that the United States used to acquire more Lakota land than the Lakota expected to lose. The book is written by a Lakota, for the Lakota, and provides the reader with a historical perspective not commonly found in most U. S. history books. If you are interested in the Lakota perspective of the federal government's Indian policies, this book is required reading.

Author: Billy Joe Jones
Publisher: American Bar Association
ISBN: 9781570731365
Category : Business & Economics
Languages : en
Pages : 252

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This guide is a comprehensive source to assist lawyers, social workers, counselors, and others whose professions and interests involve them with Native American Children.

Author: Frank Pommersheim
Publisher:
ISBN: 9781611636659
Category : Indian courts
Languages : en
Pages : 0

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Book Description
Tribal Justice is a book that provides an in-depth review and survey of tribal appellate court jurisprudence. The particular topics covered include enrollment and disenrollment, civil rights, elections and political participation, criminal law and procedure, rights of juveniles, tribal constitutions, and tradition and custom. The book focuses on the procedure and substance of tribal court appellate decision making as revealed in the text of actual court opinions. The decisions and accompanying notes are further amplified by the development of a model of tribal court jurisprudence and a discussion of various theories of tribal court judging. "Frank Pommersheim is the modern apotheosis of Ksa, Nanaboozhoo, Quetzalcotl, Athena, John Marshall, and the Buddha--all legends of judicial wisdom. Tribal Justice is a powerful culmination of his career work so far, and gives us all hope for another quarter century of his judgment, experience, and calm thoughtfulness. As the Buddha (probably) said, Pommersheim ponders from the stars and judges from the sky, yet speaks from the heart and writes for the land." -- Matthew Fletcher, Professor of Law, Michigan State University College of Law "Every Tribal Judge should read this book. Written from the perspective of an able and seasoned Tribal Appellate Justice, it shares judicial perspective that is unique to members of the Tribal Judiciary. Justice is sacred. Native Justice is rooted in a world view that is starkly different than that of dominant society. We serve in Tribal communities but must deal with misguided federal law. This writing gives us guidance. Miigwetch, Frank!" -- Michael Petoskey, Chief Judge, Pokagon Band of Potawatomi "Professor Pommersheim''s new book [...] is a soul-searching and compelling look at the importance of tribal courts of appeals in the development of a body of tribal law that is responsive both to the needs of tribal citizens, who adhere to traditional notions of justice, and the non-Indian community, with well-reasoned court decisions that lay out clear parameters for law and order in tribal communities. By examining individual cases from several different tribal communities, one of which was examined by the US Supreme Court and one which is about to be critiqued, Professor Pommersheim demonstrates himself to be an indispensable player in the advancement of tribal justice in numerous communities. Having been involved in some of the cases chronicled in the book, and having served with Professor Pommersheim on appellate courts for approximately 18 years, I have seen first-hand Professor Pommersheim''s commitment to ensuring that tribal appellate courts serve the needs of all litigants in tribal courts." -- BJ Jones, Chief Judge Sisseton-Wahpeton Oyate Tribal Court; Director Tribal Judicial Institute, University of North Dakota School of Law "Only a poet could so seamlessly intertwine memoir, practical how-to, and grand vision in one remarkable book about law and life in Indian country. Tribal Justice is deeply compelling, taking the reader on a more than quarter-of-a-century ride through an extraordinary career devoted to tribal law and the people from which it springs." -- Angela Riley, Professor of Law, UCLA School of Law "Professor and Justice Frank Pommersheim has once again written an inspiring book [...] to be read and reread. His current writing and appellate opinions provide an essential guide to understanding tribal courts, specifically appellate courts. Justice Pommersheim''s book is a must read by all legal and judicial practioners and tribal, federal and state leaders to understand the importance of the Tribal judiciary in protecting and enhancing the sovereignty of tribal nations. Respectfully, he shares his life with Indian people in a most graceful, intellectual, and poetic manner and emphasizes that justice, freedom and equality is for all." -- Cheryl Demmert Fairbanks (Tlingit-Tsimpshian), Esq., Justice for the Inter-Tribal Court of Appeals for Nevada and White Earth Nation; Visiting Professor of Law, University of New Mexico''s Southwestern Indian Law Clinic

Author: Thomas Biolsi
Publisher: Univ of California Press
ISBN: 9780520923775
Category : Social Science
Languages : en
Pages : 310

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Racial tension between Native American and white people on and near Indian reservations is an ongoing problem in the United States. As far back as 1886, the Supreme Court said that "because of local ill feeling, the people of the United States where [Indian tribes] are found are often their deadliest enemies." This book examines the history of troubled relations on and around Rosebud Reservation in South Dakota over the last three decades and asks why Lakota Indians and whites living there became hostile to one another. Thomas Biolsi's important study traces the origins of racial tension between Native Americans and whites to federal laws themselves, showing how the courts have created opposing political interests along race lines. Drawing on local archival research and ethnographic fieldwork on Rosebud Reservation, Biolsi argues that the court's definitions of legal rights—both constitutional and treaty rights—make solutions to Indian-white problems difficult. Although much of his argument rests on his analysis of legal cases, the central theoretical concern of the book is the discourse rooted in legal texts and how it applies to everyday social practices. This nuanced and powerful study sheds much-needed light on why there are such difficulties between Native Americans and whites in South Dakota and in the rest of the United States.

Author: Keith Richotte Jr.
Publisher: UNC Press Books
ISBN: 146963452X
Category : History
Languages : en
Pages : 305

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In an auditorium in Belcourt, North Dakota, on a chilly October day in 1932, Robert Bruce and his fellow tribal citizens held the political fate of the Turtle Mountain Band of Chippewa Indians in their hands. Bruce, and the others, had been asked to adopt a tribal constitution, but he was unhappy with the document, as it limited tribal governmental authority. However, white authorities told the tribal nation that the proposed constitution was a necessary step in bringing a lawsuit against the federal government over a long-standing land dispute. Bruce's choice, and the choice of his fellow citizens, has shaped tribal governance on the reservation ever since that fateful day. In this book, Keith Richotte Jr. offers a critical examination of one tribal nation's decision to adopt a constitution. By asking why the citizens of Turtle Mountain voted to adopt the document despite perceived flaws, he confronts assumptions about how tribal constitutions came to be, reexamines the status of tribal governments in the present, and offers a fresh set of questions as we look to the future of governance in Native America and beyond.

Author: Jack Utter
Publisher:
ISBN: 9780806133133
Category : History
Languages : en
Pages : 522

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Answer to today's questions.