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Full-Text Articles in Legal History

Interpretive Sovereignty: A Research Agenda, Kristen A. Carpenter Jan 2008

Interpretive Sovereignty: A Research Agenda, Kristen A. Carpenter

Publications

In federal Indian law, the treaty operates as our foundational legal text. Reflecting centuries-old historical political arrangements between Indian nations and the United States, treaties remain vital legal instruments that decide dozens of legal cases each year. Yet, these treaties--originally drafted in English by the federal government, following negotiations with tribal representatives who usually spoke their own languages--present a number of ambiguities for contemporary courts. The dominant model of treaty interpretation is one in which judges interpret treaties in a manner they they believe to reflect Indians' understanding of treaty terms and, more generally, to promote the interests of Indian …


From Blood Revenge To The Lighthorsemen: Evolution Of Law Enforcement Institutions Among The Five Civilized Tribes To 1861, Bob L. Blackburn Jan 1980

From Blood Revenge To The Lighthorsemen: Evolution Of Law Enforcement Institutions Among The Five Civilized Tribes To 1861, Bob L. Blackburn

American Indian Law Review

No abstract provided.


Constitutional Experiences Of The Five Civilized Tribes, Arrell M. Gibson Jan 1974

Constitutional Experiences Of The Five Civilized Tribes, Arrell M. Gibson

American Indian Law Review

No abstract provided.