American Indian education: Counternarratives in racism, struggle, and the law

American Indian Education: Counternarratives in Racism, Struggle, and the Law

Volumn , Issue , 2008, Pages 1-223

  Fletcher, Matthew L M ^a  

^a MICHIGAN STATE UNIVERSITY   (United States)

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[No Author keywords available]

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EID: 84917198115     PISSN: None     EISSN: None     Source Type: Book    
DOI: 10.4324/9780203895641     Document Type: Book

References (174)

1. Raymond Kiogima, Address, 4th Annual Indigenous Law Conference-"American Indian Law & Literature," Michigan State University College of Law, October 20, 2007.
2. E.g., Edward Benton-Benai, The Mishomis Book: The Voice of the Ojibway (St. Paul:Indian Country Press, 1979).
3. M. Inez Hilger, Chippewa Families: A Social Study of White Earth Reservation, 1938 (Washington, D.C.: Catholic University of America Press, 1939).
4. M. Inez Hilger, Chippewa Child Life and Its Cultural Background (Washington, D.C.: United States Government Printing Office, 1951).
5. See generally Angie Debo, A History of the Indians of the United States (Norman:University of Oklahoma Press, 1970).
6. David E. Stannard, American Holocaust: The Conquest of the New World (New York: Oxford University Press, 1992).
7. Russell Thornton, American Indian Holocaust and Survival: A Population History Since 1492 (Norman: University of Oklahoma Press, 1987).
8. David E. Stannard, American Holocaust: The Conquest of the New World (New York:Oxford University Press, 1992).
9. Eric Kades, "The Dark Side of Efficiency: Johnson v. M'Intosh and the Expropriation of Indian Lands," University of Pennsylvania Law Review 148 (2000): 1065, 1104.
10. Vine Deloria, Jr. & Clifford Lytle, American Indians, American Justice (Austin:University of Texas Press, 1983): 5.
11. Brenda Jones-Quick, "Special Treatment is Fair Treatment for America's Indigenous Peoples," Detroit College of Law at Michigan State University Law Review 1997 (1997): 783, 785-786.
12. John W. Ragsdale, "Indian Reservations and the Preservation of Tribal Culture: Beyond Wardship to Stewardship," UMKC Law Review 59 (1991): 503, 534-535.
13. Benjamin Ramirez-shkwegnaabi, "The Dynamics of Anishinaabe Diplomacy in the Great Lakes Region," American Indian Culture and Research Journal 27 (2004): 53-77.
14. Charles F. Wilkinson & John M. Vollman, "Judicial Review of Treaty Abrogation: As Long as Water Flows, or Grass Grows Upon the Earth-How Long a Time is That?", California Law Review 63 (1975): 601, 610-611.
15. See Margaret Connell Szasz, Education and the American Indian: The Road to Self-Determination Since 1928, 2nd ed. (Albuquerque: University of New Mexico Press, 1977): 8-15.
16. See Derrick Bell, And We are Not Saved: The Elusive Quest for Racial Justice (New York:Basic Books, Inc., 1987).
17. Patricia J. Williams, The Alchemy of Race and Rights: Diary of a Law Professor (Cambridge: Harvard University Press, 1991).
18. Richard Delgado, "Rodrigo's Chronicle," Yale Law Journal 101 (1992): 1357-1383.
19. See generally Dorothy A. Brown, Critical Race Theory: Cases, Materials and Problems, 2nd ed. (St. Paul:Thomson/West, 2007).
20. E.g., Adrienne D. Dixon and Celia K. Rousseau, Critical Race Theory in Education:All God's Children Got a Song (New York: Routledge, 2006).
21. Daniel G. Solórzano and Tara J. Yosso, "Critical Race Methodology: Counter-Storytelling as an Analytical Framework for Education Research," Qualitative Inquiry 8 (2002): 23-44.
22. See generally Francis Paul Prucha, American Indian Treaties: The History of a Political Anomaly (Berkeley: University of California Press, 1994).
23. See also Robert A. Williams, Jr., Linking Arms Together: American Indian Treaty Visions of Law and Peace, 1600-1800 (Oxford: Oxford University Press, 1997).
24. E.g., Matthew L.M. Fletcher, "The Insidious Colonialism of the Conqueror: The Federal Government in Modern Tribal Affairs," Washington Journal of Law & Policy 19 (2005): 273-311.
25. For extensive discussion of the Indian Reorganization Act, see Vine Deloria, Jr. and Clifford Lytle, The Nations Within: The Past and Future of American Indian Sovereignty (New York: Pantheon Books, 1984).
26. See Daniel M. Rosenfelt, "Indian Schools and Community Control," Stanford Law Review 25 (1973): 489, 496-497.
27. Harvard Law Review Association, "Privatization of Federal Indian Schools: A Legal Uncertainty," Harvard Law Review 116 (2003):1455, 1467.
28. E.g., Keith Basso, Wisdom Sits in Places: Landscape and Language Among the Western Apache (Albuquerque: University of New Mexico Press, 1996).
29. See Charles F. Wilkinson, American Indians, Time, and the Law: Native Societies in Modern Constitutional Democracy (New Haven: Yale University Press, 1987): 43.
30. Kristen A. Carpenter, "Contextualizing the Losses of Allotment through Literature," North Dakota Law Review 82 (2006): 605-626.
31. Matthew L.M. Fletcher, "Sawnawgezewog: The 'Indian Problem' and the Lost Art of Survival," American Indian Law Review 28 (2003-2004): 35-105.
32. Helen Hornback Tanner, Atlas of Great Lakes Indian History (Norman: University of Oklahoma Press, 1987), 179.
33. George Weeks, Mem-Ka-Weh: Dawning of the Grand Traverse Band of Ottawa and Chippewa Indians (Peshawbestown: Grand Traverse Band of Ottawa and Chippewa Indians, 1992).
34. C. Richard King and Charles Fruehling Springwood, "The Best Offense . . . :Dissociation, Desire, and the Defense of the Florida State University Seminoles," in Team Spirits: The Native American Mascots Controversy, ed. C. Richard King and Charles Fruehling Springwood (Lincoln: University of Nebraska Press, 2001), 129-156.
35. See Suzan Shown Harjo, "Fighting Name-Calling: Challenging 'Redskins' in Court," in Team Spirits: The Native American Mascots Controversy, ed. C. Richard King and Charles Fruehling Springwood (Lincoln: University of Nebraska Press, 2001), 189-207.
36. See Pauline Turner Strong, "The Mascot Slot: Cultural Citizenship, Political Correctness, and Pseudo-Indian Sports Symbols," Journal of Sport & Social Issues 28 (2004):79-87.
37. Daniel M. McCool, Susan M. Olson, and Jennifer L. Robinson, Native Vote:American Indians, the Voting Rights Act, and the Right to Vote (Cambridge: Cambridge University Press, 2007).
38. See Richard Kennedy, The Rise and Fall of Ben Gizzard (New York: Little, Brown 6. n & Co., 1978).
39. See Bill Echlin, "GT Resort's Sale Official," Traverse City (Mich.) Record-Eagle, April 1, 2003, available at http://www.record-eagle.com/2003/apr/01resort.htm (last visited August 16, 2007).
40. See Jamie Gumbrecht, "Native Americans fight for land rights," State News (Mich. St. Univ.), July 19, 2001, at http://www.statenews.com (last visited December 9, 2002) (describing how Grand Traverse and Little Traverse Band members' access to an Ottawa cemetery on South Fox Island is denied by "developer" David Johnson);
41. Monica Evans, "Block the Swap," Lansing State Journal, Jan. 26, 2003, at http:// www.lsj.com/opinions/letters/p_030126_evanptv_(fox_isle).html (last visited January 27, 2003) (describing lawsuit filed by the Grand Traverse Band of Ottawa and Chippewa Indians and the Michigan Land Use Institute to, inter alia, improve access to the cemetery on South Fox Island).
42. Helen Hornback Tanner, "Mapping the Grand Traverse Indian Country: The Contributions of Peter Doughtery," Michigan Historical Review 31 (2005): 45-91.
43. See James M. McClurken, Gah-Baeh-Jhagwah-Buk: The Way It Happened (East Lansing:Michigan State University Museum, 1991): 80 ("Others left their land for part of each year for fishing, gathering, or by then, lumbering. It was not uncommon for Americans to declare these parcels abandoned and then take possession of them.").
44. James W. Loewen, Lies My Teacher Told Me: Everything Your AmericanHistory Textbook Got Wrong (New York: Simon & Schuster, 1996).
45. Nancy H. Barry and Paula Conlon, "Powwow in the Classroom," Music EducatorsJournal 90 (2003): 21-26 (arguing against the use of the song "Ten Little Indians").
46. Reginald Horsman, "Scientific Racism and the American Indian in the NineteenthCentury," American Quarterly 27 (May 1975): 152-168.
47. Matthew L.M. Fletcher, "The Insidious Colonialism of the Conqueror: TheFederal Government in Modern Tribal Affairs," Washington University Journal of Lawand Policy 19 (2005): 273-311.
48. Francis Paul Prucha, "Andrew Jackson's Indian Policy: A Reassessment," Journal of American History (December 1969): 527-539 (arguing that PresidentJackson's removal policy was mostly beneficial to Indians)
49. Robert V. Remini, Andrew Jackson and His Indian Wars, New York: Viking, 2001 (same)
50. RichardWhite, "How Andrew Jackson Saved the Cherokees," Green Bag: 2d Series 5 (Summer 2002): 443-452 (arguing the opposite).
51. Robert A. Williams, Jr., Like a Loaded Weapon: The Rehnquist Court, Indian Rights, and the Legal History of Racism in America (Minneapolis: University of MinnesotaPress, 2005)
52. Charles R. Lawrence III, "The Id, the Ego, and Equal Protection: Reckoning with Unconscious Racism," Stanford Law Review 39 (1987): 317-388.
53. Derrick Bell, And We are Not Saved (New York: Basic Books, 1987).
54. Grutter v. Bollinger, Justice Thomas dissentedfrom the Court's finding that the University of Michigan Law School's affirmativeaction program was constitutional.
55. Matthew L.M. Fletcher, "The Legal Fiction of Standardized Testing," Law & Inequality: A Journal of Theory and Practice 21 (2003): 397-414.
56. Patrick Russell LeBeau, "The Fighting Bravesof Michigamua: Adopting the Visage of American Indian Warriors in the Halls ofAcademia," in Team Spirits: The Native American Mascots Controversy, ed. C. RichardKing and Charles Fruehling Springwood (Lincoln: University of Nebraska Press, 2001): 109-128
57. Tara Browner, Heartbeat of the People: Music and Dance of theNorthern Pow-wow (Champaign: University of Illinois Press, 2004): 45-47;
58. James Barron, "Groupings; Keeping Secrets," New York Times, Jan. 16, 2005
59. Brenda Norrell, "Secret Society exposed at University of Michigan," The Circle: News froman American Indian Perspective, Mar. 31, 2000
60. Roberto Rodriguez, "MichiganStudent Coalition Takes Over Student Union," Black Issues in Higher Education, Mar. 2, 2000 at 17.
61. Lee C. Bollinger, Images of a Free Press (Chicago: Universityof Chicago Press, 1991)
62. Lee C. Bollinger, The Tolerant Society: Freedom ofSpeech and Extremist Speech in America (Oxford: Oxford University Press, 1986).
63. Kimberle Crenshaw, "Playing Race Cards: Constructing a Pro-ActiveDefense of Affirmative Action," National Black Law Journal 16 (1999-2000): 196-214
64. Jackson Greenberg, "Affirmative Action in Higher Education: Confronting the Conditionand Theory," Boston College Law Review 43 (2002): 521-617
65. Rachel F. Moran, "OfDoubt and Diversity: The Future of Affirmative Action in Higher Education," OhioState Law Journal 67 (2006): 201-243
66. Angela Onwuachi-Willig, "Using the Master's 'Tool' to Dismantle His House: Why Justice Clarence Thomas Makes the Case forAffirmative Action," Arizona Law Review 47 (2005): 113-165
67. Eugene Volokh, "TheCalifornia Civil Rights Initiative: An Interpretative Guide," UCLA Law Review 44 (1997): 1335-1402.
68. Vine Deloria, Jr., "Anthropologists and Other Friends," in Custer Died forYour Sins: An Indian Manifesto (1969) (Norman: University of Oklahoma Press, 1988): 78-100.
69. Matthew L.M. Fletcher, "Looking to the East: The Stories of Modern IndianPeople and the Development of Tribal Law," Seattle Journal for Social Justice 5 (2006): 1-26.
70. James A. Lake, Sr., "Standing Bear! Who?", Nebraska Law Review 60 (1981): 451-503.
71. Felix S. Cohen, "TheErosion of Indian Rights, 1950-1953: A Case Study in Bureaucracy," Yale Law Journal 62 (1953): 348-390
72. John Petoskey, "Indians and the First Amendment," in AmericanIndian Policy in the Twentieth Century, edited by Vine Deloria, Jr. (Norman: Universityof Oklahoma Press, 1985): 221-238.
73. Edward Benton-Benai, The Mishomis Book: The Voice of the Ojibway (St. Paul, Indian Country Press, 1979): 80-84
74. Basil Johnston, Ojibway Heritage (Lincoln: University of Nebraska Press, 1976): 134-141
75. RichardKing M. Dorson, Bloodstoppers and Bearwalkers: Folk Traditions of the UpperPeninsula (Cambridge: Harvard University Press, 1952): 26-37.
76. Tony Mauro, "Context is key to sorting out Commandment rulings," First AmendmentCenter (June 28, 2005), available at http://www.firstamendmentcenter.org/analysis.aspx?id=15483 (last visited August 22, 2007) (quoting law professor ErwinChemerinsky, who argued the case).
77. Williams Asikinack, "Why Native American Studies? A Canadian First NationsPerspective," in American Indian Studies: An Interdisciplinary Approach to ContemporaryIssues
78. Dane Morrison (New York: Peter Lang, 1998): 111-118
79. Angela R. Riley, "Good (Native) Governance," Columbia Law Review 107 (2007): 1049-1125;
80. John Petoskey, "Indians and the FirstAmendment," in American Indian Policy in the Twentieth Century, ed. Vine Deloria, Jr. (Norman: University of Oklahoma Press, 1985)
81. Lindsay G. Robertson, Conquest byLaw: How the Discovery of American Dispossessed Indigenous Peoples of Their Lands (Oxford: Oxford University Press, 2005)
82. Wenona T. Singel, "Labor Relations andTribal Self-Governance," North Dakota Law Review 80 (2004): 691-730
83. Wayne J. Stein, "American Indian Education," in American Indian Studies: An InterdisciplinaryApproach to Contemporary Issues, ed. Dane Morrison (New York: Peter Lang, 1998): 73-92
84. Rennard Strickland, Fire and the Spirits: Cherokee Law from Clan to Court (Norman: University of Oklahoma Press, 1975)
85. Robert A. Williams, Jr., The AmericanIndian in Western Legal Thought (Oxford: Oxford University Press, 1990)
86. David E. Wilkins, American Indian Sovereignty and the U.S. Supreme Court: The Masking ofJustice (Austin: University of Texas Press, 1997).
87. See Robert B. Porter, "A Proposal to the Hanodaganyas to Decolonize Federal Indian Control Law," University of Michigan Journal of Law Review 31 (1998): 899, 961 ("It is extremely expensive and inefficient for the Indian nations to remain dependent on the United States.");
88. Robert J. Miller, "Economic Development in Indian Country: Will Capitalism or Socialism Succeed?", Oregon Law Review 80 (2001): 757, 763-764 (arguing that tribal government economies are quasi-socialist and therefore very inefficient);
89. Robert B. Porter, "Strengthening Tribal Sovereignty Through Government Reform: What are the Issues?", Kansas Journal of Law and Public Policy 7 (1997): 72, 78 (noting that in both large and small tribes, self-governance frequently leads to intratribal disputes).
90. Cf. John D. Barton & Candace M. Barton, "Jurisdiction of Ute Reservation Lands," American Indian Law Review 26 (2001): 133, 134 (2001) (explaining that the United States government's isolationist policy toward Indians stemmed from colonial attitudes that found English and Native American cultures incompatible).
91. Cf. Michelle DeArmond, "Former Allies Oppose Tribes," Riverside Press-Enterprise 9., May 1, 2003, at A01 (explaining that tension arises when a community's willingness to allow Indian gaming clashes with their unmet expectations of Indian support for restrictions that protect children from gaming hazards);
92. Andy Hall & Scott Milfred, "Tribe Accuses Legislators of 'Insulting' Tactics; Tensions Rose After GOP Gave Little Notice for a Hearing Today on Casino Deals," Wisconsin State Journal, Feb. 27, 2003, at A1 (relating the deterioration of tribal relations where the Ho-Chunk Nation accused Wisconsin state legislators of "insulting, demeaning, and disrespectful" tactics in handling casino gambling);
93. A.J. Higgins, "Tribal-State Meeting Falls Apart; Passamaquoddys Walk Out in Bitter Response to Casino Vote," Bangor Daily News, Nov. 8, 2003, at A1 (demonstrating the tension between tribal leaders and state officials where Indians were denied the opportunity to open more profitable casinos);
94. Lewis Sahagun, "Tribes Fear Backlash to Prosperity; Rapid Growth of Casinos has Come with Several Missteps, Causing Leaders to Worry About Erosion of Support That Could Put New Wealth at Risk," Los Angeles Times, May 3, 2004, at B1 (expressing the fear among tribal leadership that rapid enhancement in the quality of life of Indians, due to gaming revenues, would generate community backlash).
95. Cf. Yavapai-Apache Tribe v. Meija, 906 S.W.2d 152, 161 n.2 (Tex. App. 1995) (citing Jeanne Louise Carriere, "Representing the Native American: Culture, Jurisdiction, and the Indian Child Welfare Act," Iowa Law Review 79 (1994): 585, 601) (noting that prior to the passage of the Indian Child Welfare Act, "[eighty-five percent] of the Indian children removed from their homes were placed in non-native American homes").
96. See William Dunlop, The Indians of Hungry Hollow (Ann Arbor: University of Michigan Press, 2004): 131-140 (describing the abuses of the Catholic boarding school in Petoskey, where a priest used a horsewhip to beat students).
97. See Robert A. Williams, Jr., Linking Arms Together: American Indian Treaty Visions of Law and Peace, 1600-1800 (New York: Routledge, 1997): 83-97 (describing Indian treaties as "stories");
98. Milner S. Ball, "Stories of Origin and Constitutional Possibilities," Michigan Law Review 87 (1989): 2280, 2296 (suggesting that "[n]o version of the American story gives full voice to Native Americans");
99. Kristen A. Carpenter, "Interpreting Indian Country in State of Alaska v. Native Village of Venetie," Tulsa Law Journal 35 (1999): 73, 118 (1999) (arguing that the "white man's" conception of Indian law "ignores that, like Europeans, Indians retained their own unique system of politics, diplomacy, and rituals to early encounters");
100. N. Bruce Duthu, "Incorporative Discourse in Federal Indian Law: Negotiating Tribal Sovereignty Through the Lens of Native American Literature," Harvard Human Rights Journal 13 (2000): 141, 165-166 ("Placing Indigenous narrative texts . . . alongside the prominent legal texts in federal Indian law permits a greater degree of textual interrogation precisely because they recall the dialogic nature of intersocietal relations and help steer us away from simplistic, inaccurate, or incomplete tellings and retellings of this nation's many formative stories.").
101. See also Nevada v. Hicks, 944 F. Supp. 1455, 1467 (D. Nev. 1996) ("If justice is a product of conversation rather than unilateral declaration, it is more likely to be achieved in the context of respectful dialogue rather than majoritarian conclusions about the 'other.' ") (quoting Frank Pommersheim, Braid of Feathers: American Indian Law and Contemporary Tribal Life (Berkeley: University of California Press, 1995): 193);
102. Richard Delgado, "Storytelling for Oppositionists and Others: A Plea for Narrative," Michigan Law Review 87 (1989): 2411 (examining the use of stories, parables, chronicles, and narratives to address the need for racial reform);
103. Matthew L.M. Fletcher, "Stick Houses in Peshawbestown," Cardozo Public Law, Policy & Ethics Journal 2 (2004): 189-287 (telling the stories of several generations of Michigan Ottawas in fiction);
104. Matthew L.M. Fletcher, "The Legal Fiction of Standardized Testing," Law & Inequality: A Journal of Theory & Practice 21 (2003): 397 (relating fictional stories about several minorities required to take standardized tests for educational and professional purposes);
105. Matthew L.M. Fletcher, "Looking to the East: The Stories of Modern Indian People and the Development of Tribal Law," Seattle Journal of Social Justice 5 (2006): 1-26.
106. See Frank Pommersheim, Braid of Feathers: American Indian Law and Contemporary Tribal Life (Berkeley: University of California Press, 1995): 40-41;
107. Robert A. Williams, Jr., Linking Arms Together: American Indian Treaty Visions of Law and Peace, 1600-1800(New York: Routledge, 1997): 98-123;
108. David E. Wilkins and Tsianina Lomawaima, Uneven Ground: American Indian Sovereignty and Federal Law (Norman: University of Oklahoma Press, 2001): 117-142;
109. Rebecca Tsosie, "Sacred Obligations: Intercultural Justice and the Discourse of Treaty Rights," UCLA Law Review 47 (2000): 1615.
110. See Vine Deloria, Jr., Custer Died for Your Sins: An Indian Manifesto (1968) (Norman: University of Oklahoma Press, 1988).
111. See Brief for Amici Curiae for National Congress of Am. Indians et al., at 12-17, 20-27, Inyo County v. Paiute-Shoshone Indians of the Bishop Community of the Bishop Colony, 538 U.S. 701 (2003) (discussing law enforcement agreements between several states, localities, and Indian tribes);
112. Saikrishna Prakash, "Against Tribal Fungibility," Cornell Law Review 89 (2004) 1069, 1102 & n.206 (recognizing that even if the executive branch technically cannot "direct the internal or external affairs of another nation," there still remains "residual powers" within the executive branch that effectively allow for the creation of favorable policies for certain Indian tribes);
113. Matthew L.M. Fletcher, "The Power to Tax, the Power to Destroy, and the Michigan Tribal-State Tax Agreements," University of Detroit Mercy Law Review 82 (2004): 1 (examining the issues a state is confronted with when dealing with collection of taxes and an Indian tribes sovereign immunity).
114. See State v. St. Francis, 563 A.2d 249, 257 (Vt. 1989) (Mahady, J., dissenting) (accusing the non-Indians of "[h]aving waged genocidal warfare against the native inhabitants of this continent . . . .");
115. John W. Ragsdale, Jr., "Indian Reservations and the Preservation of Tribal Culture: Beyond Wardship to Stewardship," UMKC Law Review 59 (1991): 503, 519-520 n.138 (noting that Europeans intentionally gave blankets infected with smallpox to Indians, which often resulted in the devastation of closeknit tribal communities where quarantine was nearly impossible).
116. Contra Eric Kades, "The Dark Side of Efficiency: Johnson v. M'Intosh and the Expropriation of American Indian Lands," University of Pennsylvania Law Review 148 (2000): 1065, 1145 (arguing that it is improbable that Europeans used smallpox as biological warfare because they had limited knowledge of infectious diseases).
117. See generally Gloria Valencia-Weber, "The Supreme Court's Indian Law Decisions: Deviations from Constitutional Principles and the Crafting of Judicial Smallpox Blankets," University of Pennsylvania Journal of Constitutional Law 5 (2003): 405 (describing the white settlers' and traders' practice of using blankets infested with smallpox when meeting with tribal opposition leaders).
118. Cf. Kirkpatrick Sale, The Conquest of Paradise: Christopher Columbus 22. lumbus and the Columbian Legacy (New York: Knopf, 1990): 31-33 (describing the violence that was rampant in European culture at the time of the Columbian contact with Indians).
119. See Charles E. Cleland, Rites of Conquest: The History And Culture Of Michigan's Native Americans (Ann Arbor: University of Michigan Press, 1992): 150 (stating that Indian descendents of Algonquian refer to non-Indian Americans as "Chemokmon," which relates to the first terrifying encounters between Great Lakes warriors and American militias);
120. see also Edward Benton-Banai, The Mishomis Book: The Voice of The Ojibway (St. Paul: Indian Country Press. 1979): 111 (defining "Chi-mook'-amon- nug' " as "Long Knives" or "Light-skinned Race");
121. Native American Oral History Project, The Tree That Never Dies: Oral History of the Michigan Indians, ed. Pamela Dobson (Grand Rapids: Grand Rapids Public Library, 1978): 23 (defining "chi-mokoman" as "white people").
122. Cf. Native American Oral History Project, The Tree That Never Dies: Oral History of the Michigan Indians, ed. Pamela Dobson (Grand Rapids: Grand Rapids Public Library, 1978): 55-56 ("Indian children soon found that there was room for only one language at [their Indian school] and that language was English."; "As at public schools, children who spoke only an Indian language had a difficult time understanding their lessons.").
123. See generally Allison M. Dussias, "Waging War With Words: Native Americans' Continuing Struggle Against the Suppression of Their Languages," Ohio State Law Journal 60 (1999): 901.
124. See United States v. Sioux Nation of Indians, 448 U.S. 371, 425 (1980)
125. See Howard Zinn, A People's History of the United States (New York: HarperCo27. llins, 1995): 522 ("On Thanksgiving Day 1970, at the annual celebration of the landing of the Pilgrims, the authorities decided to do something different: invite an Indian to make the celebratory speech. They found a Wampanoag Indian named Frank James and asked him to speak. But when they saw the speech he was about to deliver, they decided they did not want it.").
126. See Tonkawa Tribe of Okla. v. Richards, 75 F.3d 1039, 1041 (5th Cir. 1996) (describing an instance where Indians have sided with Americans);
127. Oneida Indian Nation of New York v. New York, 691 F.2d 1070, 1077 (2nd Cir. 1982) (stating that two of the six Iroquois Nation tribes sided with the states during the American Revolution, the others sided with the British).
128. See Nell Jessup Newton, "Indian Claims in the Courts of the Conqueror," American University Law Review 41 (1992): 753, 771 (noting that the purpose of the Indian Claims Commission was "to settle tribes' ancient grievances in order to prepare them for the termination of their special status under United States law");
129. John T. Vance, "The Congressional Mandate and the Indian Claims Commission," North Dakota Law Review 45 (1969): 325, 335 ("[T]he Indian Claims Commission has failed throughout the time of its existence . . . .");
130. Western Addition Community Organization v. NLRB, 485 F.2d 917, 940 (D.C. Cir. 1973) (Wyzanski, J., dissenting) ("To leave non-whites at the mercy of whites in the presentation of non-white claims which are admittedly adverse to the whites would be a mockery of democracy.").
131. Cf. Richard Delgado, "The Imperial Scholar Revisited: How to Marginalize Outsider Writing, Ten Years Later," University of Pennsylvania Law Review 140 (1992): 1349, 1353;
132. Richard Delgado, "The Imperial Scholar: Reflections on a Review of Civil Rights Literature," University of Pennsylvania Law Review 132 (1984): 561, 577.
133. See Natonabah v. Board of Education, 355 F. Supp. 716, 732-733 (D.N.M. 1973) (holding that the school district discriminated against Navajo students by incorrectly spending federal funds, which led to overcrowding in predominantly Indian schools).
134. See Michael C. Walsh, "Terminating the Termination Policy," Stanford Law Review 42. 35 (1983): 1181;
135. Charles F. Wilkinson & Eric R. Biggs, "The Evolution of the Termination Policy," American Indian Law Review 5 (1977): 139.
136. See Felix S. Cohen, "Indian Rights and the Federal Courts," Minnesota Law Review 24 (1940): 145, 145-146 (characterizing the defense of Indians by non-Indian lawyers in their fight against the state, federal, and private oppression of Indians as "the most vigorous defense of the rights of a racial minority" in American jurisprudence).
137. See generally Ralph W. Johnson, "The States Versus Indian Off-Reservation Fishing: A United States Supreme Court Error," Washington Law Review 47 (1972): 207 (discussing a Supreme Court opinion that neglected to follow treaties in the 1850s, which gave Indians the permanent right to fish in off-reservation waters);
138. Charles F. Wilkinson & John M. Volkman, "Judicial Review of Indian Treaty Abrogation: 'As Long as Water Flows, or Grass Grows Upon the Earth'-How Long a Time is That?," California Law Review 63 (1975): 601 (noting the common practice of the Supreme Court in abrogating the treaty rights of American Indians).
139. Cf. Indian Reorganization Act of 1934, 25 U.S.C. § 461 (2005) (establishing a new method of allocating land on Indian reservations);
140. Robert B. Porter, "A Proposal to the Hanodaganyas to Decolonize Federal Indian Control Law," University of Michigan Journal of Law Review 31 (1998): 899, 933 (describing the Indian Reorganization Act as "the first federal Indian policy in over 100 years that did not have the explicit purpose of undermining the status of Indian nations").
141. See generally "Tribal Self-Government and the Indian eorganization Act of 1934," Michigan Law Review 70 (1972): 955 (examining the effects of the Indian Reorganization Act on tribal structure).
142. See, e.g., United States v. Antelope, 430 U.S. 641, 646-647 (1977) (upholding the disparity of criminal penalties for Indians and non-Indians);
143. Morton v. Mancari, 417 U.S. 535, 553-555 (1974) (upholding the Bureau of Indian Affairs' enactment of an employment policy providing an Indian preference on the basis that the classification was not race-based, but instead based on the political status of Indian tribes as wards of the United States);
144. American Federation of Government Employees v. United States, 330 F.3d 513, 522-523 (D.C. Cir. 2003) (upholding Indian preference in federal contracting);
145. Johnson v. Shalala, 35 F.3d 402, 406-407 (9th Cir. 1994) (upholding federal employment preference for Indians that were not members of tribes to which the Bureau of Indian Affairs provided services);
146. Alaska Chapter, Associated General Contractors v. Pierce, 694 F.2d 1162, 1170 (9th Cir. 1982) (upholding Indian preference in federal contracting);
147. Matthew L.M. Fletcher, "The Original Understanding of the Political Status of Indian Tribes, St. John's Law Review 82 (2008): 153.
148. See Stanley Fish, There's No Such Thing as Free Speech and it's a Good Thing, Too (Oxford: Oxford University Press, 1994): 89-101 (arguing that phrases that appear to be non-discriminatory are actually "code" for phrases that are explicitly intended to preserve the discriminatory status quo);
149. cf. Richard Dvorak, "Cracking the Code: 'De-Coding' Colorblind Slurs During the Congressional Crack Cocaine Debates," Michigan Journal of Race & Law 5 (2000): 611 (asserting the need to de-code racially neutral legislation in order to unmask the racial bias underlying the legislature's words).
150. Compare Gus P. Coldebella & Mark S. Puzella, "The Landowner Defendants in Indian Land Claims: Hostages to History," New England Law Review 37 (2003): 585 (opining that the defendant landowners in an Indian land claim were innocent victims and that allowing recovery against the landowners would be unjust)
151. Arlinda Locklear, "Morality and Justice 200 Years After the Fact," New England Law Review 37 (2003): 593 (arguing that so-called "hostages to history" are actually direct beneficiaries of illegal and racist theft of property).
152. See generally Derrick Bell, "The Final Report: Harvard's Affirmative Action Allegory," Michigan Law Review 87 (1989): 2382 (describing in narrative the danger of being a "token" minority in an otherwise all-white faculty).
153. See Rick Green, "Are State's Indians in the Crosshairs?," Hartford Courant, Feb. 17, 2003, at A1 (reporting a backlash against Connecticut Indian tribes due to their successful gaming);
154. Daniel B. Wood, "Despite Casino Setbacks, Indian Clout Rises," Christian Science Monitor, Nov. 10, 2003, at 3 (reporting backlash against California tribes for contributing money to the 2003 California recall election campaign);
155. see also Monique L. Vondall, "Editorial, What is Wrong with America?: Latest displays of racism in Northwest & local community raises concerns," Native Directions 11 (Winter 2003): 21 (describing how individuals at the University of North Dakota vandalized and burned ceremonial property belonging to the University of North Dakota Indian Association).
156. See, e.g., Donald L. Bartlett & James B. Steele, "Playing the Political Slots," Time, Dec. 23, 2002, at 47 (reporting on the large amounts of money Indian casino operators spend on lobbying, campaigning, and other political endeavors);
157. Donald L. Bartlett & James B. Steele, "Wheel of Misfortune," Time, Dec. 16, 2002, at 47 (asserting that casino profits often benefit a small number of investors, some of whom are non-Indians, while many Indian tribes remain impoverished).
158. See Runyon v. McCrary, 427 U.S. 160 (1976).
159. See Effect of the Fourteenth Amendment upon Indian Tribes, S. Rep. No. 41-268 (Dec. 17, 1870).
160. Act of June 2, 1924, ch. 233, Statutes at Large 43 (Washington, United States Government Printing Office, 1925), codified at 8 U.S.C. § 1401(b);
161. Robert B. Porter, "The Demise of the Ongwehoweh and the Rise of the Native Americans: Redressing the Genocidal Act of Forcing American Indian Citizenship upon Indigenous Peoples," Harvard BlackLetter Law Journal 15 (1999): 107.
162. See United States v. Lara, 541 U.S. 193, 218 (2004) (Thomas, J., concurring in judgment) (citing 16 Stat. 566, codified at 25 USC. § 71).
163. See United States v. Lara, 541 U.S. 193, 219 (2004) (Thomas, J., concurring in judgment) ("The tribes, by contrast, are not part of this constitutional order, and their sovereignty is not guaranteed by it.").
164. See Aleman v. Chugash Support Services, Inc., 485 F.3d 206 (4th Cir. 2007);
165. Burrell v. Armijo, 456 F.3d 1159 (10th Cir. 2006).
166. For discussion about the legislative history of the Reconstruction Amendments and their (lack of) application to Indian tribes, please see George Beck, The Fourteenth Amendment as Related to Tribal Indians: Section I, "Subject to the Jurisdiction Thereof " and Section II, "Excluding Indians Not Taxed", American Indian Culture and Research Journal 28 (2004): 37-68.
167. See Lawrence A. Cremin, "John Dewey and the Progressive Education Movement, 1915-1952," The School Review 67 (1959): 160-173.
168. See generally Benjamin Ramirez-Shkwegnaabi, "The Dynamics of American Indian Diplomacy in the Great Lakes Region," American Indian Culture and Research Journal 27 (2003): 53-77.
169. See generally Cohen's Handbook of Federal Indian Law, ed. Nell Jessup Newton et al. (Newark: LexisNexis, 2005): 1355-1375.
170. E.g., William Dunlop, The Indians of Hungry Hollow (Ann Arbor: University of Michigan Press, 2004): 131-140.
171. Cf. Matthew L.M. Fletcher, "Politics, History, and Semantics: The Federal Recognition of Indian Tribes," North Dakota Law Review 82 (2004): 487-518.
172. Charles F. Wilkinson, American Indians, Time, and the Law: Native Societies in a Modern Constitutional Democracy (New Haven: Yale University Press, 1987): 14-19.
173. See Felix S. Cohen, Handbook of Federal Indian Law (Washington: United States Government Printing Office, 1942): 122.
174. See Robert A. Williams, Jr., "Columbus's Legacy: Law as an Instrument of Racial Discrimination against Indigenous Peoples' Rights of Self-Determination," Arizona Journal of International & Comparative Law 8 (1991): 51, 53 (describing insidious racism of the Old South).