Resource Guide to Diversity: Native American History & Law

American Indians and State Law examines the history of state and territorial policies, laws, and judicial decisions pertaining to Native Americans from 1790 to 1880. Belying the common assumption that Indian policy and regulation in the United States were exclusively within the federal government's domain, the book reveals how states and territories extended their legislative and judicial authority over American Indians during this period. Deborah A. Rosen uses discussions of nationwide patterns, complemented by case studies focusing on New York, Georgia, New Mexico, Michigan, Minnesota, Louisiana, and Massachusetts, to demonstrate the decentralized nature of much of early American Indian policy. This study details how state and territorial governments regulated American Indians and brought them into local criminal courts, as well as how Indians contested the actions of states and asserted tribal sovereignty. Assessing the racial conditions of incorporation into the American civic community, Rosen examines the ways in which state legislatures treated Indians as a distinct racial group, explores racial issues arising in state courts, and analyzes shifts in the rhetoric of race, culture, and political status during state constitutional conventions. She also describes the politics of Indian citizenship rights in the states and territories. Rosen concludes that state and territorial governments played an important role in extending direct rule over Indians and in defining the limits and the meaning of citizenship.

Religions respond to capitalism, democracy, industrialization, feminism, individualism, and the phenomenon of globalization in a variety of ways. Some religions conform to these challenges, if not capitulate to them; some critique or resist them, and some work to transform the modern societies they inhabit. In this unique collection of critical essays, scholars of Judaism, Christianity, Islam, Hinduism, Buddhism, Confucianism, and Native American thought explore the tension between modernization and the family, sexuality, and marriage traditions of major religions in America. Contributors examine how various belief systems have confronted changing attitudes regarding the meaning and purpose of sex, the definition of marriage, the responsibility of fathers, and the status of children. They also discuss how family law in America is beginning to acknowledge certain religious traditions and how comparative religious ethics can explain and evaluate diverse family customs. Studies concerning the impact of religious thought and behavior on American society have never been more timely or important. Recent global events cannot be fully understood without comprehending how belief systems function and the many ways they can be employed to the benefit and detriment of societies. Responding to this critical need, American Religions and the Family presents a comprehensive portrait of religious cultures in America and offers secular society a pathway for appreciating religious tradition.

The Indian Reorganization Act (IRA) of 1934 has been generally acknowledged as the most important statute affecting Native Americans after the General Allotment Act of 1887, and it is probably the most important single statute affecting Native Americans during the two-thirds of a century since its passage. Over half the Native governments in the contemporary U.S. are organized under its provisions or under separate statutes that parallel the IRA in major ways. Although the impact of the IRA has been widely studied and debated, no scholar until now has looked closely at the forces that shaped its creation and passage. Author Elmer Rusco spent over a decade of research in national and regional archives and other repositories to examine the legislative intent of the IRA, including the role of issues like the nature and significance of judge-made Indian law; the allotment policy and its relation to Indian self-government; the nature of Native American governments before the IRA; the views and actions of John Collier, commissioner of Indian Affairs and leader in the campaign to reform the nation's Indian policy; and the influence of relations between the president and Congress during the second year of the New Deal. Rusco also discusses the role of conflicting ideologies and interests in this effort to expand the rights of Native Americans; the general ignorance of Native American concerns and policy on the part of legislators engaged in the writing and passage of the law; and the limited but crucial impact of Indian involvement in the struggle over the IRA.