Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 2 of 2
Full-Text Articles in Law
Red Law, White Supremacy: Cherokee Freedmen, Tribal Sovereignty, And The Colonial Feedback Loop, Jeremiah Chin
Red Law, White Supremacy: Cherokee Freedmen, Tribal Sovereignty, And The Colonial Feedback Loop, Jeremiah Chin
Articles
Sovereignty and self-determination are cornerstones of arguments for Indigenous rights in the geographic United States. Both concepts assert an existence as Indigenous peoples, and reinforce status as nations with citizens and governments, rights and responsibilities, determined by Indigenous communities. In 2006, the Judicial Appeals Tribunal of the Cherokee Nation recognized that Lucy Allen and fellow Cherokee Freedmen, descendants of African slaves once owned by Cherokee, are citizens of the Cherokee Nation and had been citizens of the Cherokee Nation since the 1866 treaty with the United States. Less than a year later, the Cherokee Nation amended its constitution to limit …
Citizenship Perception Strain In Cases Of Crime And War: On Law And Intuition, Mary De Ming Fan
Citizenship Perception Strain In Cases Of Crime And War: On Law And Intuition, Mary De Ming Fan
Articles
The jurisprudence on crime and war has repeatedly indicated that citizenship matters in determining the scope and applicability of constitutional protections. Just how citizenship matters and what vision of the citizen controls have been murky, however. A rich literature has developed deploring how the nation and the jurisprudence have appeared to slip beneath the baseline of protections when faced with formal citizens who challenge our popular notions about what citizens look like, feel like, and do. What warrants further examination is why this may be so. Understanding the processes that may blur the doctrine and lead to slippage in citizenship …