Relevant bibliographies by topics / Cherokee law – History

Academic literature on the topic 'Cherokee law – History'

Author: Grafiati
Published: 27 July 2024
Last updated: 28 July 2024

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Journal articles on the topic "Cherokee law – History"

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Heck, William P., Ralph Keen, and Michael R. Wilds. "Structuring the Cherokee Nation Justice System: The History and Function of the Cherokee Nation Marshal Service." Criminal Justice Policy Review 12, no. 1 (March 2001): 26–42. http://dx.doi.org/10.1177/0887403401012001002.

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On July 4, 1986, a Cherokee tribal member was shot in the leg and arrested by a deputy in Adair County, Oklahoma. In a subsequent civil action, the Tenth Circuit Court of Appeals ruled that absent a statutory grant of authority by Congress or consent from the tribe itself, Oklahoma law enforcement officers have no criminal jurisdiction “in Indian country” unless the crime is committed by a non-Indian against another non-Indian or the crime is a victimless crime committed by a non-Indian. Realizing that they were no longer protected by the state, the Cherokee Nation responded by creating its own Marshal Service. This article describes the evolution of that agency, checkerboard jurisdiction, and the need for cross deputization. In particular, the article addresses the recent political tribal crisis that almost devastated the newly formed Marshal Service and the tribe's current struggle to regain stability in the politically charged aftermath.
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Collins, Cary C. "A Law of Blood: The Primitive Law of the Cherokee Nation, by John Phillip ReidA Law of Blood: The Primitive Law of the Cherokee Nation, by John Phillip Reid. DeKalb, Illinois, Northern Illinois University Press, 2006. xii, 340 pp. $26.00 US (paper)." Canadian Journal of History 42, no. 3 (December 2007): 543–44. http://dx.doi.org/10.3138/cjh.42.3.543.

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Johansen, Bruce E. "Donald Trump, Andrew Jackson, Lebensraum, and Manifest Destiny." American Indian Culture and Research Journal 41, no. 4 (July 1, 2017): 115–22. http://dx.doi.org/10.17953/aicrj.41.4.johansen.

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President Donald Trump's admiration of President Andrew Jackson evokes a discussion of parallels between their ideologies, including a reluctance to repudiate white supremacy and a disregard for the rule of law. These attitudes are reflected both in Jackson's authorship of the Indian Removal Act (1830) and his refusal to acknowledge a judgment by the US Supreme Court in favor of the Cherokee Nation that might have averted the Trail of Tears. Jackson's advocacy of American exceptionalism (“America first” to Trump) also provokes an analysis of what later was cast in popular discourse as Manifest Destiny. United States history--its “race law” in particular--is described here through the admiring eyes of Adolph Hitler, who likened Germany's expansion before and during World War II to United States “westward movement” during the nineteenth century.
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Norgren, Jill. "Lawyers and the Legal Business of the Cherokee Republic in Courts of the United States, 1829–1835." Law and History Review 10, no. 2 (1992): 253–314. http://dx.doi.org/10.2307/743762.

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When Europeans first arrived, the Native American societies of North America had a variety of systems of social control and conflict mediation. These indigenous peoples were not heir to the concept of equal protection of the law derived from the Magna Carta, nor to notions of individual rights defended in the English Bill of Rights (1689) and Western Enlightenment political thought. Theirs were systems of custom and commandment of their own need and development. Therefore, after the contact period, whenever conflict arose a central issue of cultural pluralism surfaced: whose resolution system would be used when mediation was necessary.
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O'Brien, Sharon Lynn. "William G. McLoughlin, After the Trail of Tears: The Cherokee Struggle for Sovereignty, 1839–1880, Chapel Hill and London: The University of North Carolina Press, 1993. Pp. xv, 439. Cloth $39.95 (ISBN 0-8078-2111-X), paper $17.95 (ISBN 0-8078-4433-0)." Law and History Review 14, no. 1 (1996): 176–78. http://dx.doi.org/10.2307/827634.

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Guerrero, M. A. Jaimes. "“Patriarchal Colonialism” and Indigenism: Implications for Native Feminist Spirituality and Native Womanism." Hypatia 18, no. 2 (2003): 58–69. http://dx.doi.org/10.1111/j.1527-2001.2003.tb00801.x.

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This essay begins with a Native American women's perspective on Early Feminism which came about as a result of Euroamerican patriarchy in U. S. society. It is followed by the myth of “tribalism,” regarding the language and laws of V. S. coh’ nialism imposed upon Native American peoples and their respective cultures. This colonialism is well documented in Federal Indian law and public policy by the U. S. government, which includes the state as well as federal level. The paper proceeds to compare and contrast these Native American women's experiences with pre-patriarchal and pre-colonialist times, in what can be conceptualized as “indigenous kinship” in traditional communalism; today, these Native American societies are called “tribal nations” in contrast to the Supreme Court Marshall Decision (The Cherokee Cases, 1831–1882) which labeled them “domestic dependent nations.” This history up to the present state of affairs as it affects Native American women is contextualized as “patriarchal colonialism” and biocolonialism in genome research of indigenous peoples, since these marginalized women have had to contend with both hegemonies resulting in a sexualized and racialized mindset. The conclusion makes a statement on Native American women and Indigensim, both in theory and practice, which includes a native Feminist Spirituality in a transnational movement in these globalizing times. The term Indigensim is conceptualized in a postcolonialist context, as well as a perspective on Ecofeminism to challenge what can be called a “trickle down patriarchy” that marks male dominance in tribal politics. A final statement calls for “Native Womanism” in the context of sacred kinship traditions that gave women respect and authority in matrilineal descendency and matrifocal decision making for traditional gender egalitarianism.
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7

Kushner, Aaron. "Cherokee Political Thought and the Development of Tribal Citizenship." Studies in American Political Development, November 24, 2020, 1–15. http://dx.doi.org/10.1017/s0898588x20000176.

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Abstract Citizenship, a fundamental political idea, exists in many forms in the United States. In this study, I apply the analytical strategies of American political development to examine the evolution of Cherokee constitutional citizenship law since 1827. The lack of political development studies on Cherokee governance presents a unique opportunity to identify foundational and second-story ideas underpinning Cherokee political thought. I contribute to the ongoing discussion of indigenous political development by creating a new theoretical framework for interpreting and analyzing durable shifts in Cherokee citizenship law. As America expands and diversifies, alternate, nonliberal views of citizenship increase in political relevance. Understanding why certain laws exist and where they came from is crucial for cultivating political engagement, engaging in productive discourse, and creating humanizing policies.
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Books on the topic "Cherokee law – History"

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Nation, Cherokee, Cherokee Nation, and Cherokee Nation Oklahoma. Compiled laws of the Cherokee Nation. Union, N.J: Lawbook Exchange, 1998.

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2

Office, United States General Land. The homestead laws, with a brief description of Oklahoma Territory, including the celebrated Cherokee Outlet. Ponca City, OK: North Central Oklahoma Historical Association, 1998.

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3

Night of the cruel moon: Cherokee removal and the Trail of Tears. New York: Facts on File, 1996.

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4

Ann, Byers, ed. A primary source investigation of the Trail of Tears. New York: Rosen Publishing, 2015.

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5

Reid, John Phillip. A Law of Blood: The Primitive Law of the Cherokee Nation. Northern Illinois University Press, 2006.

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6

A law of blood: The primitive law of the Cherokee Nation. DeKalb: Northern Illinois University Press, 2005.

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7

Ballenger, Thomas Lee. The Development of Law and Legal Institutions among the Cherokees. Cherokee Heritage Press, 2010.

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8

Johansen, Bruce E. The Encyclopedia of Native American Legal Tradition. Greenwood, 1998. http://dx.doi.org/10.5040/9798400645556.

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Integrating American Indian law and Native American political and legal traditions, this encyclopedia includes detailed descriptions of nearly two dozen Native American Nations' legal and political systems such as the Iroquois, Cherokee, Choctaw, Navajo, Cheyenne, Creek, Chickasaw, Comanche, Sioux, Pueblo, Mandan, Wyandot, Powhatan, Mikmaq, and Yakima. Although not an Indian law casebook, this work does contain outlines of many major Indian law cases, congressional acts, and treaties. It also contains profiles of individuals important to the evolution of Indian law. This work will be of interest to scholars in several fields, including law, Native American studies, American history, political science, anthropology, and sociology.
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Hoig, Stan. Night of the Cruel Moon: Cherokee Removal and the Trail of Tears (Library of American Indian History). Tandem Library, 1999.

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Cultural intermarriage in southern Appalachia: Cherokee elements in four selected novels by Lee Smith. New York: Routledge, 2003.

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Conference papers on the topic "Cherokee law – History"

1

Macken, Jared. "The Ordinary within the Extraordinary: The Ideology and Architectural Form of Boley, an “All-Black Town” in the Prairie." In 111th ACSA Annual Meeting Proceedings. ACSA Press, 2023. http://dx.doi.org/10.35483/acsa.am.111.63.

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In 1908, Booker T. Washington stepped off the Fort Smith and Western Railway train into the town of Boley, Oklahoma. Washington found a bustling main street home to over 2,500 African American citizens. He described this collective of individuals as unified around a common goal, “with the definite intention of getting a home and building up a community where they can, as they say, be ‘free.’” The main street was the physical manifestation of this idea, the center of the community. It was comprised of ordinary banks, store front shops, theaters, and social clubs, all of which connected to form a dynamic cosmopolitan street— an architectural collective form. Each building aligned with its neighbor creating a single linear street, a space where the culture of the town thrived. This public space became a symbol of the extraordinary lives and ideology of its citizens, who produced an intentional utopia in the middle of the prairie. Boley is one of more than fifty “All-Black Towns” that developed in “Indian Territory” before Oklahoma became a state. Despite their prominence, these towns’ potential and influence was suppressed when the territory became a state in 1907. State development was driven by lawmaker’s ambition to control the sovereign land of Native Americans and impose control over towns like Boley by enacting Jim Crow Laws legalizing segregation. This agenda manifests itself in the form and ideology of the state’s colonial towns. However, the story of the state’s history does not reflect the narrative of colonization. Instead, it is dominated by tales of sturdy “pioneers” realizing their role within the myth of manifest destiny. In contrast, Boley’s history is an alternative to this myth, a symbol of a radical ideology of freedom, and a form that reinforces this idea. Boley’s narrative begins to debunk the myth of manifest destiny and contrast with other colonial town forms. This paper explores the relationship between the architectural form of Boley’s main street and the town’s cultural significance, linking the founding community’s ideology to architectural spaces that transformed the ordinary street into a dynamic social space. The paper compares Boley’s unified linear main street, which emphasized its citizens and their freedom, with another town typology built around the same time: Perry’s centralized courthouse square that emphasized the seat of power that was colonizing Cherokee Nation land. Analysis of these slightly varied architectural forms and ideologies reorients the historical narrative of the state. As a result, these suppressed urban stories, in particular that of Boley’s, are able to make new contributions to architectural discourse on the city and also change the dominant narratives of American Expansion.
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