American Cultural Pluralism and Law: Second Edition by Jill Norgren

By Jill Norgren

This new and up to date version of Norgren and Nanda's vintage textual content brings their exam of yank cultural pluralism and the legislation brand new in the course of the Clinton management. whereas keeping their emphasis at the proposal of cultural range because it pertains to the legislation within the usa, new and up-to-date chapters replicate fresh correct proceedings referring to tradition, race, gender, and sophistication, with specific consciousness paid to neighborhood and kingdom court docket critiques. Drawing on courtroom fabrics, statutes and codes, and criminal ethnographies, the textual content analyzes the continuing negotiations and lodgings through the mechanism of legislations among culturally varied teams and the bigger society. a major textual content for classes in American executive, society and the legislation, cultural stories, and civil rights.

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It was also ironic that at a time when white farmers and ranchers were attempting to consolidate landholding in order to make them more efficient and productive, the Dawes Act required relatively small allocations to Native Americans. Cherokee DeWitt Clinton Duncan spoke of this in 1906 before a Senate committee: I spent the early days of my life on the farm up here of 300 acres, and arranged to be comfortable in my old age; but the allotment scheme came along I had to relinquish every inch of my premises outside of that little [allotment] I 22 Race have exerted all my ability, all industry, all my intelligence ...

Government, the linchpin of its Indian policy. While some supporters of the reservation policy hoped to help Native Americans, for other supporters the policy was one more skirmish in a cultural warfare ultimately designed to save the Indian by eradicating Native American cultures. Within a relatively short time, however, it became clear that the reservation policy did not work. Unwilling subjects of assimilation, most Native Americans resisted acculturation. Furthermore, the centralization of Indian populations on reservations made them even more vulnerable to the purveyors of alcohol.

Indeed, the Court stated, the rations were never intended to be compensation at all. S. policy of assimilating the Sioux. Blackmun wrote: It seems readily apparent to us that the obligation to provide rations to the Sioux was undertaken in order to ensure them a means of surviving their transition from the nomadic life of the hunt to the agrarian life style Congress had chosen for them It is reasonable to conclude that Congress' undertaking of an obligation to provide rations for the Sioux was a quid pro quo for depriving them of their chosen way of life, and was not intended to compensate them for the taking of the Black Hills.

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