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Braid of Feathers: American Indian Law and Contemporary Tribal Life
 
 
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Braid of Feathers: American Indian Law and Contemporary Tribal Life [Paperback]

Frank Pommersheim (Author)
5.0 out of 5 stars  See all reviews (1 customer review)

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Book Description

0520208943 978-0520208940 March 29, 1997
In this ambitious and moving book, Frank Pommersheim, who lived and worked on the Rosebud Sioux Indian Reservation for ten years, challenges the dominant legal history of American Indians and their tribes--a history that concedes far too much power to the laws and courts of the "conqueror." Writing from the perspective of the reservation and contemporary Indian life, Pommersheim makes an urgent call for the advancement of tribal sovereignty and of tribal court systems that are based on Indian culture and values.
Taking as its starting point the cultural, spiritual, and physical nature of the reservation, Braid of Feathers goes on to trace the development of Indian law from the 1770s to the present. Pommersheim considers the meaning of justice from the indigenous point of view. He offers a trenchant analysis of the tribal courts, stressing the importance of language, narrative, and story. He concludes by offering a "geography of hope,"one that lies in the West, where Native Americans control a significant amount of natural resources, and where a new ethic of development and preservation is emerging within the dominant society. Pommersheim challenges both Indians and non-Indians to forge an alliance at the local level based on respect and reciprocity--to create solidarity, not undo difference.

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Editorial Reviews

From the Inside Flap

"Pommersheim's book captures the unique evolution of tribal court jurisprudence and the continuing challenge facing tribal courts to meet the demands of the communities they serve. . . . A must read."--Senator Ben Nighthorse Campbell, Colorado

"Braid of Feathers bursts with insights and rich evocations of the contemporary rebirth of American Indian cultures and practices. Written from the inside of tribal worlds, this book simultaneously affords a powerful vision of American pluralism. Useful analysis of timely topics, such as economic development initiatives using gambling enterprises, undergirds this important contribution to American Indian law and American studies."--Martha L. Minow, Professor, Harvard Law School

"A fresh approach by a thoroughly practical and experienced attorney/professor who understands the complexity of law as it is applied to living societies. Pommersheim deals easily with complex theories and doctrines because he has the good common sense to know that law must be worked out in Indian communities to promote a sense of order and, if possible, a modicum of justice. This volume will stimulate readers to move beyond abstractions and seek realistic solutions to perennial problems."--Vine Deloria, Jr., University of Colorado at Boulder

From the Back Cover

"Pommersheim's book captures the unique evolution of tribal court jurisprudence and the continuing challenge facing tribal courts to meet the demands of the communities they serve. . . . A must read." (Senator Ben Nighthorse Campbell, Colorado) --This text refers to an out of print or unavailable edition of this title.

Product Details

  • Paperback: 280 pages
  • Publisher: University of California Press (March 29, 1997)
  • Language: English
  • ISBN-10: 0520208943
  • ISBN-13: 978-0520208940
  • Product Dimensions: 8.9 x 5.9 x 0.8 inches
  • Shipping Weight: 13.6 ounces (View shipping rates and policies)
  • Average Customer Review: 5.0 out of 5 stars  See all reviews (1 customer review)
  • Amazon Best Sellers Rank: #1,195,970 in Books (See Top 100 in Books)

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15 of 16 people found the following review helpful:
5.0 out of 5 stars Review of Braid of Feathers, August 1, 2000
By 
Allen C. Turner (Redlands, CA USA) - See all my reviews
This review is from: Braid of Feathers: American Indian Law and Contemporary Tribal Life (Paperback)
I like thin books with thick subject matter. I also like book titles that herald the contents. This book does both. In an essay of 200 pages, Frank Pommersheim, a Lakota tribal judge, artfully braids together the variegated feathers of tribal sovereignty. Experience, Culture, History, Language, Politics, and Law, not just Acts of Congress (treaties, statutes), decisions of the United States Supreme Court, and executive action (orders and regulations) shape, limit, and ultimately enhance or diminish tribal sovereignty. The author, sometimes poetically, sometimes polemically, but always pointedly argues that tribal courts are the fundamental institution of legitimate, authentic tribal self-determination.
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Inside This Book (learn more)
First Sentence:
Indian reservations are often described as islands of poverty and despair torn from the continent of national progress. Read the first page
Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
contextual legitimacy, tribal court context, measured separatism, mutual sovereigns, tribal bars, tribal jurisprudence, tribal court jurisdiction, constitutional benchmark, tribal courts, plenary power doctrine, federal hegemony, tribal sovereignty, dominant legal system, court jurisprudence, divisive system, supra note, tribal constitutions, tribal jurisdiction, judicial jurisdiction, allotment process, decisional law, tribal institutions, tribal code, tribal perspective, tribal judges
Key Phrases - Capitalized Phrases (CAPs): (learn more)
South Dakota, Supreme Court, United States, Native American, Chief Justice Marshall, Iowa Mutual, Cherokee Nation, National Farmers Union, Bureau of Indian Affairs, Courts of Indian Offenses, Tenth Amendment, Indian Commerce Clause, Major Crimes Act, Rosebud Sioux Reservation, Secretary of the Interior, Black Hills, Lone Wolf, Commissioner of Indian Affairs, Court of Indian Affairs, Crow Reservation, Indian Country Crimes Act, Navajo Reservation, New Mexico, Pine Ridge, Rosebud Sioux Tribe
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