Religion Law and the Land

Author: Brian Edward Brown
Publisher: Courier Corporation
ISBN: 9780313309724
Format: PDF, Kindle
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Examining a series of court decisions made during the 1980s regarding the legal claims of several Native American tribes who attempted to protect ancestrally revered lands from development schemes by the federal government, this book looks at important questions raised about the religious status of land. The tribes used the First Amendment right of free exercise of religion as the basis of their claim, since governmental action threatened to alter the land which served as the primordial sacred reality without which their derivative religious practices would be meaningless. Brown argues that a constricted notion of religion on the part of the courts, combined with a pervasive cultural predisposition towards land as private property, marred the Constitutional analysis of the courts to deprive the Native American plaintiffs of religious liberty. Brown looks at four cases, which raised the issue at the federal district and appellate court levels, centered on lands in Tennessee, Utah, South Dakota, and Arizona; then it considers a fifth case regarding land in northwestern California, which ultimately went to the U.S. Supreme Court. In all cases, the author identifies serious deficiencies in the judicial evaluations. The lower courts applied a conception of religion as a set of beliefs and practices that are discrete and essentially separate from land, thus distorting and devaluing the fundamental basis of the tribal claims. It was this reductive fixation of land as property, implicit in the rulings of the first four cases, that became explicitly sanctioned and codified in the Supreme Court's decision in "Lyng v. Northwest Indian Cemetery Protective Association" of 1988. In reaching such a position, the Supreme Court injudiciously engaged in a policy determination to protect government land holdings, and did so through a shocking repudiation of its own long established jurisprudential procedure in cases concerning the free exercise of religion.

Refractions of the Scriptural

Author: Vincent L. Wimbush
Publisher: Routledge
ISBN: 1317243579
Format: PDF, ePub, Mobi
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Refractions of the Scriptural is a transdisciplinary collection of essays that seeks to construct a new field of scholarly inquiry with scriptures as a fraught category, analytical wedge, and site for excavation and problematization. The book focuses on the ways in which individual and social bodies manipulate—and are manipulated by— the politics and power encoded in language and formalized canonical knowledge. Scriptures, in this sense, function as complex phenomena that are instrumental to social conservatism as well as social critique and social change. The essays in this volume, written by established and up-and-coming scholars across a wide range of disciplines, seek to locate, engage, and interpret the ways in which the scriptural shapes and reshapes people and the dynamics of identity formation. The chapters are organized around four domains or types of inquiry: the cognitive, the conscientized, the inscriptive, and the formative. It will be of interest to scholars of religion, as well as those interested more broadly in critical social and historical studies.

We Have a Religion

Author: Tisa Joy Wenger
Publisher: Univ of North Carolina Press
ISBN: 0807832626
Format: PDF, Kindle
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For Native Americans, religious freedom has been an elusive goal. From nineteenth-century bans on indigenous ceremonial practices to twenty-first-century legal battles over sacred lands, peyote use, and hunting practices, the U.S. government has often act

Red Power Rising

Author: Bradley G. Shreve
Publisher: University of Oklahoma Press
ISBN: 080618499X
Format: PDF, Kindle
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During the 1960s, American Indian youth were swept up in a movement called Red Power—a civil rights struggle fueled by intertribal activism. While some define the movement as militant and others see it as peaceful, there is one common assumption about its history: Red Power began with the Indian takeover of Alcatraz in 1969. Or did it? In this groundbreaking book, Bradley G. Shreve sets the record straight by tracing the origins of Red Power further back in time: to the student activism of the National Indian Youth Council (NIYC), founded in Gallup, New Mexico, in 1961. Unlike other 1960s and ’70s activist groups that challenged the fundamental beliefs of their predecessors, the students who established the NIYC were determined to uphold the cultures and ideals of their elders, building on a tradition of pan-Indian organization dating back to the early twentieth century. Their cornerstone principles of tribal sovereignty, self determination, treaty rights, and cultural preservation helped ensure their survival, for in contrast to other activist groups that came and went, the NIYC is still in operation today. But Shreve also shows that the NIYC was very much a product of 1960s idealistic ferment and its leaders learned tactics from other contemporary leftist movements. By uncovering the origins of Red Power, Shreve writes an important new chapter in the history of American Indian activism. And by revealing the ideology and accomplishments of the NIYC, he ties the Red Power Movement to the larger struggle for human rights that continues to this day both in the United States and across the globe.

Landscapes of the Secular

Author: Nicolas Howe
Publisher: University of Chicago Press
ISBN: 022637680X
Format: PDF, ePub, Mobi
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“What does it mean to see the American landscape in a secular way?” asks Nicolas Howe at the outset of this innovative, ambitious, and wide-ranging book. It’s a surprising question because of what it implies: we usually aren’t seeing American landscapes through a non-religious lens, but rather as inflected by complicated, little-examined concepts of the sacred. Fusing geography, legal scholarship, and religion in a potent analysis, Howe shows how seemingly routine questions about how to look at a sunrise or a plateau or how to assess what a mountain is both physically and ideologically, lead to complex arguments about the nature of religious experience and its implications for our lives as citizens. In American society—nominally secular but committed to permitting a diversity of religious beliefs and expressions—such questions become all the more fraught and can lead to difficult, often unsatisfying compromises regarding how to interpret and inhabit our public lands and spaces. A serious commitment to secularism, Howe shows, forces us to confront the profound challenges of true religious diversity in ways that often will have their ultimate expression in our built environment. This provocative exploration of some of the fundamental aspects of American life will help us see the land, law, and society anew.

Peyote Religion

Author: Omer Call Stewart
Publisher: University of Oklahoma Press
ISBN: 9780806124575
Format: PDF, ePub, Docs
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Describes the peyote plant, the birth of peyotism in western Oklahoma, its spread from Indian Territory to Mexico, the High Plains, and the Far West, its role among such tribes as the Comanche, Kiowa, Kiowa-Apache, Caddo, Wichita, Delaware, and Navajo Indians, its conflicts with the law, and the history of the Native American Church.

Cases and Materials on Federal Indian Law

Author: David Getches
Publisher: West Academic Publishing
ISBN: 9781634599061
Format: PDF
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This federal Indian law casebook has an unprecedented focus on Native Nation-building, including cutting-edge materials on tribal economies and tribal justice systems unavailable elsewhere. The Seventh Edition retains classic material on the history of federal Indian law and policy, including the medieval origins of the "Doctrine of Discovery," and the shifting eras of Indian law leading to the current Nation-building era. The book covers the federal tribal relationship; tribal sovereignty and jurisdiction; Indian religion and culture; water rights; treaty rights; rights of Alaska natives and native Hawaiians; and international legal perspectives.