Book contents
- Reading American Indian Law
- Reading American Indian Law
- Copyright page
- Dedication
- Contents
- Editors and Contributors
- Preface
- Acknowledgments
- Introduction
- Part I Core Concepts
- 1 Marshalling Past and Present: Colonialism, Constitutionalism, and Interpretation in Federal Indian Law
- 2 The Algebra of Federal Indian Law: The Hard Trail of Decolonizing and Americanizing the White Man’s Jurisprudence
- 3 Red: Racism and the American Indian
- 4 (Tribal) Sovereignty and Illiberalism
- Part II Voices
- Part III Property
- Part IV (Mis)Understandings
- Book part
- References
3 - Red: Racism and the American Indian
from Part I - Core Concepts
Published online by Cambridge University Press: 11 December 2019
Book contents
- Reading American Indian Law
- Reading American Indian Law
- Copyright page
- Dedication
- Contents
- Editors and Contributors
- Preface
- Acknowledgments
- Introduction
- Part I Core Concepts
- 1 Marshalling Past and Present: Colonialism, Constitutionalism, and Interpretation in Federal Indian Law
- 2 The Algebra of Federal Indian Law: The Hard Trail of Decolonizing and Americanizing the White Man’s Jurisprudence
- 3 Red: Racism and the American Indian
- 4 (Tribal) Sovereignty and Illiberalism
- Part II Voices
- Part III Property
- Part IV (Mis)Understandings
- Book part
- References
Summary
Red: Racism and the American Indian: explores how racism works in American history and American law. In the nineteenth century American Indians were targeted not for their labor but for control of their land and resources. Berger suggests the different origins of racism have manifested in a modern movement to make Indians ‘equal’ that is really a twenty-first-century attempt to treat tribes as racial groups instead of recognizing them as sovereign entities.
- Type
- Chapter
- Information
- Reading American Indian LawFoundational Principles, pp. 72 - 92Publisher: Cambridge University PressPrint publication year: 2019
References
Further Reading
Ablasky, Gregory, Making Indians “White”: The Judicial Abolition of Native Slavery in Revolutionary Virginia and Its Racial Legacy, 159 U. Pa. L. Rev. 1457 (2011).Google Scholar
Berger, Bethany, “Power over This Unfortunate Race”: Race, Politics and Indian Law in United States v. Rogers, 45 Wm. & Mary L. Rev. 1957 (2004).Google Scholar
Fletcher, Matthew L. M., Race and American Indian Tribal Nationhood, 11 Wyo. L. Rev. 295 (2011).Google Scholar
Goldberg, Carole, Not “Strictly” Racial: A Response to Indians as Peoples, 39 UCLA L. Rev. 169 (1991).Google Scholar
Krakoff, Sarah, Inextricably Political: Race, Membership, and Tribal Sovereignty, 87 Wash. L. Rev. 1041 (2012).Google Scholar
Pratt, Carla, Tribal Kulturkampf: The Role of Race Ideology in Constructing Native American Identity, 36 Seton Hall L. Rev. 1241 (2006).Google Scholar
Rolnick, Addie, The Promise of Mancari: Indian Political Rights As Racial Remedy, 86 NYU L. Rev. 958 (2011).Google Scholar
Saito, Natsu Taylor, Race and Decolonization: Whiteness As Property in the American Settler Colonial Project, 31 Harv. J. Racial & Ethnic Just. 31 (2015).Google Scholar
Spruhan, Paul, Indian As Race/Indian As Political Status: Implementation of the Half-Blood Requirement under the Indian Reorganization Act, 1934–1945, 8 Rutgers Race & L. Rev. 27 (2006).Google Scholar
Valencia-Weber, Gloria, Racial Equality: Old and New Strains and American Indians, 80 Notre Dame L. Rev. 333 (2005).Google Scholar
Villazor, Rose Cuison, Blood Quantum Land Laws and the Race versus Political Identity Dilemma, 96 Cal. L. Rev. 801 (2004).Google Scholar
Williams, Robert A. Jr., Columbus’ Legacy: Law as an Instrument of Racial Discrimination against Indigenous Peoples’ Rights of Self-Determination, 8 Ariz. J. Int’l & Comp. L. 51 (1991).Google Scholar
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