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Full-Text Articles in Law
Remaking Indians, Remaking Citizens: Peruvian And Mexican Perspectives On Criminal Law And National Integration, Lior Ben David
Remaking Indians, Remaking Citizens: Peruvian And Mexican Perspectives On Criminal Law And National Integration, Lior Ben David
Studio for Law and Culture
At the end of the 20th century, recognition of indigenous peoples’ rights in Latin American constitutions has undergone significant evolution, while legal reforms officially “turned” some of these countries into multicultural nations. For many scholars, this multicultural shift was particularly prominent against a background of many years, during which the legal systems of Latin America ignored, excluded, assimilated and repressed indigenous peoples, portraying “The Indian” as an anomaly in a society of free end equal citizens. This article examines the images, representations and treatment of the Indians and “the Indian Question” in Peruvian and Mexican Criminal Law during the first …
In Plain View, Christina D. Ponsa-Kraus
In Plain View, Christina D. Ponsa-Kraus
Faculty Scholarship
In this tightly argued and thoroughly engaging article, Gregory Ablavsky makes the case for a revisionist history of the U.S. Constitution that places Native American Indians at its center. While it isn’t hard to show that conventional constitutional histories largely neglect Indians, it isn’t easy to prove that such neglect is not benign. That is, it’s one thing to argue that standard accounts should include a discussion of Indians, but it’s another thing entirely to make a convincing case that core constitutional understandings would be fundamentally altered if historians fully and prominently integrated the history of relations with Indians into …