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Indigenous, Indian, and Aboriginal Law

University of Michigan Law School

Michigan Journal of Race and Law

Racism

Publication Year

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Full-Text Articles in Law

Engaging The Spirit Of Racial Healing Within Critical Race Theory: An Exercise In Transformativethought, Rebecca Tsosie Jan 2005

Engaging The Spirit Of Racial Healing Within Critical Race Theory: An Exercise In Transformativethought, Rebecca Tsosie

Michigan Journal of Race and Law

This essay posits that Critical Race Theory (CRT) must operate at both the "idealist" and "materialist" levels. Although the emphasis may be in one direction or another at particular times, both domains are continually engaged. This essay links the debate between the "materialist" and "idealist" views to another central theme within CRT, which is the need for "justice" and how the law relates to justice. This essay focuses on the contemporary debate surrounding the status of Native Hawaiians to show how "race" is being used to construct the civil and political rights of Native Hawaiian people. CRT is a jurisprudence …


Chicana/Chicano Land Tenure In The Agrarian Domain: On The Edge Of A "Naked Knife", Guadalupe T. Lunda Jan 1998

Chicana/Chicano Land Tenure In The Agrarian Domain: On The Edge Of A "Naked Knife", Guadalupe T. Lunda

Michigan Journal of Race and Law

Neither sovereignty nor property rights could forestall American geopolitical expansion in the first half of the nineteenth century. The conflicts that resulted from this clash of doctrine with desire are perhaps most evident in the history of the Chicanas/Chicanos of Texas, California, and the Southwest, who sought to maintain their land and property, as guaranteed by the Treaty of Guadalupe Hidalgo, in the aftermath of the U.S.- Mexico War. Integrating an exploration of case law with political and social histories of the period, the Author explores the sociolegal significance of Chicana/Chicano land dispossession; exposes the racial, economic, and political motivations …