Jill Norgren's American Cultural Pluralism and Law: Second Edition PDF

By Jill Norgren

ISBN-10: 0275948552

ISBN-13: 9780275948559

This new and up-to-date variation of Norgren and Nanda's vintage textual content brings their exam of yankee cultural pluralism and the legislation modern in the course of the Clinton management. whereas preserving their emphasis at the idea of cultural range because it pertains to the legislations within the usa, new and up-to-date chapters mirror fresh proper lawsuits touching on tradition, race, gender, and sophistication, with specific awareness paid to neighborhood and nation court docket evaluations. Drawing on courtroom fabrics, statutes and codes, and felony ethnographies, the textual content analyzes the continued negotiations and lodgings through the mechanism of legislations among culturally assorted teams and the bigger society. an enormous textual content for classes in American govt, society and the legislation, cultural reports, and civil rights.

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The Act was similar to the 1850 Hawaiian Kuleana Act, and the 1887 Dawes Act in the United States, in its goal of assimilating Native Hawaiians by transforming them into independent farmers. 00 a year. 26 The influence of landed American interests in thwarting the stated intention of the Homelands Act was immediately apparent: A Native Hawaiian was defined as any person with 50 percent or more of Hawaiian blood, which excluded from the program the many thousands of Native Hawaiians with more mixed ancestry.

In their first incursions into North America, Europeans defined the relationships between themselves and the indigenous peoples they encountered within a (Western) legal framework. 3 Understanding the transformative power of Western law in colonial settings is essential in understanding the contemporary Native Hawaiians' quest for sovereignty. While the "law of discovery," rationalizing European appropriation of Native American lands, was not applied to Hawai'i, which was recognized as a fully sovereign nation, the imposition of Western law, particularly regarding land ownership, served equally well to achieve the economic and cultural transformations which permitted European, and later, American dominance.

S. Court of Claims—Case persuaded his Sioux clients that they could not demand that the United States government return the land, but could only hope to get just compensation—market value of the land at the time it was taken, plus interest. For the next 30 years, Case pursued Sioux claims through a tangle of political and legal pathways, in which he tried to establish a clear history of the government's "double dealing" and coercion in relation to the taking of the Black Hills. S. " By the mid-1950s, little progress appeared to have been made and some Sioux began to explore the possibility of bringing in new attorneys to work on the case.

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American Cultural Pluralism and Law: Second Edition by Jill Norgren

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