Journal Article
American Indians, time, and the law: Native societies in a modern constitutional democracy
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In this paper, the authors evaluate the Supreme Court's work in Indian law over the past twenty five years and consider the effects of time on law, drawing together historical sources such as the records of treaty negotiations with the Indians, classic political theory on the nature of sovereignty, and anthropological studies of societal change.Abstract:
In 1959, the Supreme Court ushered in a new era of Indian law, which recognizes Indian tribes as permanent governments within the federal constitutional system and, on the whole, honors old promises to the Indians. Drawing together historical sources such as the records of treaty negotiations with the Indians, classic political theory on the nature of sovereignty, and anthropological studies of societal change, Wilkinson evaluates the Court's work in Indian law over the past twenty five years and considers the effects of time on law.read more
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Indigeneity: global and local
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When Tribal Sovereignty Challenges Democracy: American Indian Education and the Democratic Ideal:
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The Racial Formation of American Indians: Negotiating Legitimate Identities within Tribal and Federal Law.
TL;DR: A simple introduction to some of the legal definitions (both federal and tribal) that regulate American Indian racial formation can be found in this article, where the authors examine the consequences of the particular processes of racial formation that apply to Indian people.
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Scales of justice: law, American Indian treaty rights and the political construction of scale
TL;DR: In this paper, the authors examine how geographical scale has shaped the historical and contemporary geography of indigenous peoples in the United States and show that the ability of marginalized populations to reshape scales of power is limited by the persistence of assimilationist attitudes and normative assumptions.