Social Justice Law Reporter: Research Resources

In a story that could only be told by someone who was an insider, this book reveals the background behind major legislative achievements of U.S. Tribal Nations leaders in the 1970s and beyond. American Indian attorney and proud Chippewa Cree Nation citizen Alan R. Parker gives insight into the design and development of the public policy initiatives that led to major changes in the U.S. government's relationships with Tribal Nations. Here he relates the history of the federal government's attempts, beginning in 1953 and lasting through 1965, to "terminate" its obligations to tribes that had been written into over 370 Indian treaties in the nineteenth century. When Indian leaders gathered in Chicago in 1961, they developed a common strategy in response to termination that led to a new era of "Indian Self-Determination, not Termination," as promised by President Nixon in his 1970 message to Congress. Congressional leaders took up Nixon's challenge and created a new Committee on Indian Affairs. Parker was hired as Chief Counsel to the committee, where he began his work by designing legislation to stop the theft of Indian children from their communities and writing laws to settle long-standing Indian water and land claims based on principles of informed consent to negotiated agreements. A decade later, Parker was called back to the senate to work as staff director to the Committee on Indian Affairs, taking up legislation designed by tribal leaders to wrest control from the Bureau of Indian Affairs over governance on the nation's 250 Indian reservations and negotiating agreements between the tribes that led to the Indian Gaming Regulatory Act. A valuable educational tool, this text weaves together the ideas and goals of many different American Indian leaders from different tribes and professional backgrounds, and shows how those ideas worked to become the law of the land and transform Indian Country.

Among the New Deal programs that transformed American life in the 1930s was legislation known as the Indian New Deal, whose centerpiece was the Indian Reorganization Act (IRA) of 1934. Oddly, much of that law did not apply to Native residents of Oklahoma, even though a large percentage of the country's Native American population resided there in the 1930s and no other state was home to so many different tribes. The Oklahoma Indian Welfare Act (OIWA), passed by Congress in 1936, brought Oklahoma Indians under all of the IRA's provisions, but included other measures that applied only to Oklahoma's tribal population. This first book-length history of the OIWA explains the law's origins, enactment, implementation, and impact, and shows how the act played a unique role in the Indian New Deal. In the early decades of the twentieth century, white farmers, entrepreneurs, and lawyers used allotment policies and other legal means to gain control of thousands of acres of Indian land in Oklahoma. To counter the accumulated effects of this history, the OIWA specified how tribes could strengthen government by adopting new constitutions, and it enabled both tribes and individual Indians to obtain financial credit and land. Virulent opposition to the bill came from oil, timber, mining, farming, and ranching interests. Jon S. Blackman's narrative of the legislative battle reveals the roles of bureaucrats, politicians, and tribal members in drafting and enacting the law. Although the OIWA encouraged tribes to organize for political and economic purposes, it yielded mixed results. It did not produce a significant increase in Indian land ownership in Oklahoma, and only a small percentage of Indian households applied for OIWA loans. Yet the act increased member participation in tribal affairs, enhanced Indian relations with non-Indian businesses and government, promoted greater Indian influence in government programs--and, as Blackman shows, became a springboard to the self-determination movements of the 1950s and 1960s.

In 1934, Commissioner of Indian Affairs John Collier began a series of ?congresses? with American Indians to discuss his proposed federal bill for granting self-government to tribal reservations. For the first time, the reservation Indian was asked for input in the structuring of American Indian relations with federal and state government and law. In The Indian Reorganization Act, Vine Deloria, Jr., has compiled the actual historical records of those congresses. Deloria makes available important documents of the premier years of reform in federal Indian policy as well as the bill itself. A version of Collier?s act eventually passed Congress, but in a less far-reaching form. Nevertheless, a new concept of self-government had emerged, one that now defines the federal government?s approach to American Indian policy and that has changed forever the way American Indians define themselves.

The Cambridge Handbook of Policing in the United States provides a comprehensive collection of essays on police and policing, written by leading experts in political theory, sociology, criminology, economics, law, public health, and critical theory. It unveils a range of experiences - from the police chief of a major metropolitan force to ordinary people targeted for policing on the street - and asks important questions about whether and why we need the police, before analyzing the law of policing, police use of force, and police violence, paying particular attention to the issue of discrimination against marginalized and vulnerable communities at the blunt end of police interference. The book also discusses technological innovations and proposals for reform. Written in accessible language, this interdisciplinary work will be a valuable resource for anyone interested in understanding the present and future of policing in the United States.

On August 9, 2014, Michael Brown, an unarmed African American high school senior, was shot by Officer Darren Wilson in Ferguson, Missouri. For months afterward, protestors took to the streets demanding justice, testifying to the racist and exploitative police department and court system, and connecting the shooting of Brown with the deaths of Trayvon Martin, Eric Garner, and other young black men at the hands of police across the country. In the wake of these protests, the Department of Justice launched a six-month investigation, resulting in a report that Colorlines characterizes as "so caustic it reads like an Onion article" and laying bare what the Huffington Post calls "a totalizing police regime beyond any of Kafka's ghastliest nightmares." Among the report's findings are that the Ferguson Police Department "Engages in a Pattern of Unconstitutional Stops and Arrests in Violation of the Fourth Amendment," "Detain[s] People Without Reasonable Suspicion and Arrest[s] People Without Probable Cause," "Engages in a Pattern of First Amendment Violations," "Engages in a Pattern of Excessive Force," and "Erode[s] Community Trust, Especially Among Ferguson's African-American Residents." Contextualized here in a substantial introduction by renowned legal scholar and former NAACP Legal Defense and Educational Fund president Theodore M. Shaw, The Ferguson Report is a sad, sobering, and important document, providing a snapshot of American law enforcement at the start of the twenty-first century, with resonance far beyond one small town in Missouri.

This book features opening arguments followed by two rounds of reply between two moral philosophers on opposing sides of the abortion debate. In the opening essays, Kate Greasley and Christopher Kaczor lay out what they take to be the best case for and against abortion rights. In the ensuing dialogue, they engage with each other's arguments and each responds to criticisms fielded by the other. Their conversational argument explores such fundamental questions as: what gives a person the right to life? Is abortion bad for women? What is the difference between abortion and infanticide? Underpinned by philosophical reasoning and methodology, this book provides opposing and clearly structured perspectives on a highly emotive and controversial issue. The result gives readers a window into how moral philosophers argue about the contentious issue of abortion rights, and an in-depth analysis of the compelling arguments on both sides.