The Indian Civil Rights Act at forty
By: edited by Kristen A. Carpenter, Matthew L.M. Fletcher, and Angela R. Riley
Publisher: UCLA American Indian Studies Center
Published: 2012
Place of publication: Los Angeles, Calif
Language: eng
Number of pages: 358
ISBN-13: 9780935626674
Subjects: United States; Indians of North America; Civil rights; Legal status, laws; Indian courts
Other titles: Indian Civil Rights Act at 40
Description: Congress passed the Indian Civil Rights Act of 1968 (ICRA) to address civil rights in Indian country. ICRA extended select, tailored provisions of the Bill of Rights--including equal protection, due process, free speech and religious exercise, criminal procedure, and property rights--to tribal governments. But, with the exception of the writ of habeas corpus, Congress did not establish a federal enforcement mechanism for violations of the Act, nor did it abrogate tribal sovereign immunity. Thus, ICRA has been interpreted and enforced almost exclusively by Indian tribes and their courts. This collection of essays, gathered on the fortieth anniversary of ICRA, provides for the first time a summary and critical analysis of how Indian tribes interpret and apply these important civil rights provisions in our contemporary world. The authors have found that, while informed by ICRA and the dominant society's conception of individual rights, Indian nations are ultimately adapting and interpreting ICRA in ways consistent with their own tribal traditions and beliefs. In some respects, ICRA parallels the broader experiences of tribes over the past forty years--a period of growth, revitalization, and self-determination for many Indian nations.--Amazon.com.
Notes: Includes bibliographical references and index.
Table of contents: title: Reflections on the role of the United States department of justice in enforcing the Indian Civil Rights Act / Lawrence R. Baca; title: Martinez revisited / Catharine A. MacKinnon; title: 40 years of the Indian Civil Rights Act : indigenous women's reflections / Gloria Valencia-Weber, Rina Swentzell, and Eva Petoskey; title: Sex discrimination under tribal law / Ann E. Tweedy; title: Redwashing history : tribal anachronisms in the Seminole nation cases / Kevin Nobel Maillard; title: Due process and the legitimacy of tribal courts / Frank Pmmersheim; title: The meaning of due process in the Navajo nation / Paul Spruhan; title: Resisting congress : free speech and tribal law / Matthew L.M. Fletcher; title: Individual religious freedoms in American Indian tribal constitutional law /; title: Kristen A. Carpenter -- Tightening the perceived "loophole" : reexamining ICRA's limitation on tribal court punishment authority / Elizabeth A. Kronk -- Searching for an exit : the Indian Civil Rights Act and Public Law 280 / Carole Goldberg and Duane Champagne -- Evaluating tribal courts' interpretations of the Indian Civil Rights Act / Mark D. Rosen.