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The Indian law legacy of Thurgood Marshall /

Record Type:	Language materials, printed : Monograph/item
Title/Author:	The Indian law legacy of Thurgood Marshall // Fred E. Knowles.
Author:	Knowles, F. E.
Subject:	Indians of North America - Legal status, laws, etc. -
Online resource:	http://www.palgraveconnect.com/doifinder/10.1057/9781137433398
ISBN:	1137433396 (electronic bk.)

The Indian law legacy of Thurgood Marshall /
Knowles, F. E.Jr.,1957-

The Indian law legacy of Thurgood Marshall /Fred E. Knowles.

1. Abstract -- 2. Introduction - Marshall and Majoritarianism -- 3. Historical Background of Indian Law -- 4. Laurence's Analytical Paradigm -- 5. The Case Law -- 6. Choctaw Nation v. Oklahoma -- 7. McClanahan v. Arizona State Tax Commission -- 8. United States v. Mason -- 9. Rosebud Sioux v. Kneip -- 10. Oliphant v. Suquamish Tribe -- 11. Santa Clara Pueblo v. Martinez -- 12. Washington v. Confederated Bands and Tribes of the Yakima Indian Nation -- 13. United States v. Mitchell (Mitchell 1) -- 14. White Mountain Apache Tribe v. Bracker/ Central Machinery Company v. Arizona State Tax Commission -- 15. Merrion v. Jicarilla Apache Tribe -- 16. Ramah Navajo School Board v. Bureau of Revenue of New Mexico -- 17. New Mexico v. Mescalero Apache Tribe -- 18. United States v. Mitchell (Mitchell 2) -- 19. Arizona v. San Carlos Apache Tribe -- 20. Laurence's Conclusions -- 21. Additional Case Law -- 22. Solem v. Bartlett -- 23. Oregon Department of Fish and Wildlife v. Klamath Tribe -- 24. United States v. Dion -- 25. Iowa Mutual Insurance Co. v. LaPlante -- 26. Summary and Conclusion -- 27. Works Cited -- 28. Case Law Cited -- 29. Statutory Law and Treaties Cited -- Appendix One. Voting Blocs in Cited Cases.

For much of the 20th century, Thurgood Marshall was a pioneer in advocacy for the disenfranchised, ground under the wheels of American Justice. In view of his activism as a law student at Howard, a protege of Charles Houston, and then as advocate and chief counsel for the NAACP Legal defense Fund, no one can question his legitimacy as a catalyst for social justice. What then of his career on the Supreme Court. How might that passion for social justice translate in his decisions of our highest court? An examination of his published opinions in cases involving Indian law should show the extent to which that idealism matured as legal principle.This work endeavors, then, to examine nineteen published Indian law decisions, dating from 1970 to 1987. Using the analytical paradigms suggested by Laurence, Hanna, and Tsosie, these decisions will be mined to expose the reasoning and logic that informed them. Some of Marshall's opinions are written for the majority, at times unanimous, but generally contentious. Others of his opinions come from his published dissents. One finds Marshall frequently at odds with Justice Powell and Justice Rehnquist. What emerges is, with rare exception, a consistency of thought and reason throughout Justice Marshall's opinions. His rationale was based on a consistent view of sovereignty, an adherence to the canon of construction in Indian law, and his view that legislative intent must be clearly articulated. Undergirding all of his work was the knowledge that American Justice had and was frequently used to promote injustice and social inequity.

ISBN: 1137433396 (electronic bk.)

Source: 764431Palgrave Macmillanhttp://www.palgraveconnect.comSubjects--Personal Names:

1007408
Marshall, Thurgood,
1908-1993.Subjects--Topical Terms:

579050
Indians of North America
--Legal status, laws, etc.Index Terms--Genre/Form:

554714
Electronic books.

LC Class. No.: KF8204.5

Dewey Class. No.: 342.73088

The Indian law legacy of Thurgood Marshall /
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505 0 $a 1. Abstract -- 2. Introduction - Marshall and Majoritarianism -- 3. Historical Background of Indian Law -- 4. Laurence's Analytical Paradigm -- 5. The Case Law -- 6. Choctaw Nation v. Oklahoma -- 7. McClanahan v. Arizona State Tax Commission -- 8. United States v. Mason -- 9. Rosebud Sioux v. Kneip -- 10. Oliphant v. Suquamish Tribe -- 11. Santa Clara Pueblo v. Martinez -- 12. Washington v. Confederated Bands and Tribes of the Yakima Indian Nation -- 13. United States v. Mitchell (Mitchell 1) -- 14. White Mountain Apache Tribe v. Bracker/ Central Machinery Company v. Arizona State Tax Commission -- 15. Merrion v. Jicarilla Apache Tribe -- 16. Ramah Navajo School Board v. Bureau of Revenue of New Mexico -- 17. New Mexico v. Mescalero Apache Tribe -- 18. United States v. Mitchell (Mitchell 2) -- 19. Arizona v. San Carlos Apache Tribe -- 20. Laurence's Conclusions -- 21. Additional Case Law -- 22. Solem v. Bartlett -- 23. Oregon Department of Fish and Wildlife v. Klamath Tribe -- 24. United States v. Dion -- 25. Iowa Mutual Insurance Co. v. LaPlante -- 26. Summary and Conclusion -- 27. Works Cited -- 28. Case Law Cited -- 29. Statutory Law and Treaties Cited -- Appendix One. Voting Blocs in Cited Cases.
520 $a For much of the 20th century, Thurgood Marshall was a pioneer in advocacy for the disenfranchised, ground under the wheels of American Justice. In view of his activism as a law student at Howard, a protege of Charles Houston, and then as advocate and chief counsel for the NAACP Legal defense Fund, no one can question his legitimacy as a catalyst for social justice. What then of his career on the Supreme Court. How might that passion for social justice translate in his decisions of our highest court? An examination of his published opinions in cases involving Indian law should show the extent to which that idealism matured as legal principle.This work endeavors, then, to examine nineteen published Indian law decisions, dating from 1970 to 1987. Using the analytical paradigms suggested by Laurence, Hanna, and Tsosie, these decisions will be mined to expose the reasoning and logic that informed them. Some of Marshall's opinions are written for the majority, at times unanimous, but generally contentious. Others of his opinions come from his published dissents. One finds Marshall frequently at odds with Justice Powell and Justice Rehnquist. What emerges is, with rare exception, a consistency of thought and reason throughout Justice Marshall's opinions. His rationale was based on a consistent view of sovereignty, an adherence to the canon of construction in Indian law, and his view that legislative intent must be clearly articulated. Undergirding all of his work was the knowledge that American Justice had and was frequently used to promote injustice and social inequity.
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