IS 325 Federal Policy and Native Nations

Palgrave Pivot ebook which strives to recount and understand Indigenous Law, as set within a remote community in northern Australia.

examines the ways in which law can be used to structure the return of indigenous sacred cultural heritage to indigenous communities, referred to as repatriation in this volume. In particular, it aims at developing legal structures that align repatriation with contemporary international human rights standards. To do so, it gathers the most valuable lessons learned from different repatriation laws and frameworks adopted in the United States and Canada. In both countries, very different ways of approaching repatriation have been used for several decades, highlighting the context-dependent nature of repatriation. The volume is divided into four parts, looking first at international law, then at the national legal landscape in the United States, followed by Canada, before the different repatriation models are evaluated against the backdrop of human rights law standards.

The imposition of modern American colonial rule has defined U.S.-indigenous relations since the time of the American Civil War. In resistance, Kevin Bruyneel asserts, indigenous political actors work across American spatial and temporal boundaries, demanding rights and resources from the government while also challenging the imposition of colonial rule over their lives. This resistance engenders what he calls a "third space of sovereignty," which resides neither inside nor outside the U.S. political system but rather exists on its boundaries, exposing both the practices and limitations of American colonial rule.

This volume of the Indigenous Justice series explores the global effects of marginalizing Indigenous law. The essays in this book argue that European-based law has been used to force Indigenous peoples to assimilate, has politically disenfranchised Indigenous communities, and has destroyed traditional Indigenous social institutions. European-based law not only has been used as a tool to infringe upon Indigenous human rights, it also has been used throughout global history to justify environmental injustices, treaty breaking, and massacres. The research in this volume focuses on the resurgence of traditional law, tribal-state relations in the United States, laws that have impacted Native American women, laws that have failed to protect Indigenous sacred sites, the effect of international conventions on domestic laws, and the role of community justice organizations in operationalizing international law.

In the winter of 1722, on the eve of a major conference between the Five Nations of the Haudenosaunee (also known as the Iroquois) and Anglo-American colonists, a pair of colonial fur traders brutally assaulted a Seneca hunter near Conestoga, Pennsylvania. Though virtually forgotten today, the crime ignited a contest between Native American forms of justice-rooted in community, forgiveness, and reparations-and the colonial ideology of harsh reprisal that called for the accused killers to be executed if found guilty.

Winner of the CHA Best Scholarly Book in Canadian History Prize of the Canadian Historical Association *and* Winner of the Best Book in Political History Prize of the Canadian Historical AssociationThe untold history of the multiracial making of the border between Canada and the United States.