NCJ Number
69468
Date Published
1978
Length
147 pages
Annotation
THIS BOOK ARGUES THAT ABLE AND WELL-INTENTIONED ATTORNEYS HAVE UNWITTINGLY CONTRIBUTED TO THE DECLINE OF NATIVE AMERICAN CULTURE.
Abstract
IT IS CONTENDED THAT ATTORNEYS HAVE SUCCEEDED RATHER WELL IN IMPROVING THE MATERIAL CONDITION OF MANY NATIVE AMERICANS AND IN SECURING FOR THEM A SIGNIFICANT MEASURE OF CONTROL OVER THEIR LAND AND RESOURCES. IN THE PROCESS, HOWEVER, THESE SAME LAWYERS HAVE EFFECTIVELY ABANDONED ANOTHER OF THEIR STATED GOALS: TO PROVIDE THEIR CLIENTS WITH A MEANINGFUL CHOICE BETWEEN BECOMING ASSIMILATED INTO WHITE AMERICAN SOCIETY AND MAINTAINING THEIR SEPARATE IDENTITY. STRATEGIES DEVELOPED FOR ENHANCING THE WEALTH AND POWER OF AMERICAN INDIANS RAN AT CROSS PURPOSES TO EFFORTS TO KEEP OPEN THEIR SOCIAL AND CULTURAL OPTIONS. IN THE FIRST STAGE OF THE PROCESS, THE LAWYERS' QUEST FOR NATIVE AMERICAN CONTROL LED TO TACTICS WHICH EFFECTIVELY ESTABLISHED NATIVE AMERICAN SOVEREIGNTY OVER RESERVATION LANDS AND RESOURCES. ONCE SECURED, THESE GAINS HAD TO BE DEFENDED. ACCORDINGLY, THE LAWYERS SAW THE NEED FOR TRIBAL GOVERNMENTS CAPABLE OF EFFECTIVELY MANAGING ECONOMIC RESOURCES AND OF DEALING FORCEFULLY WITH THE POWERFUL POLITICAL AND ECONOMIC INSTITUTIONS OF THE UNITED STATES. FINALLY, THE AGGREGATION OF POWER IN TRIBAL GOVERNMENTS POINTED TO THE NEED FOR A NATIVE BILL OF RIGHTS TO PROTECT NATIVE AMERICANS AGAINST ABUSES OF POWER BY THEIR OWN POLITICAL LEADERS. WHILE ACKNOWLEDGING THAT NATIVE AMERICANS ARE ASSUMING CONTROL OF THEIR OWN DESTINIES--THEY HAVE ATTAINED SOME MATERIAL WEALTH AND A MODICUM OF HUMAN DIGNITY--THE AUTHOR MAINTAINS THAT NATIVE AMERICANS ARE PAYING FOR THEIR SOVEREIGNTY AND THEIR MATERIAL BENEFITS WITH THE DETERIORATION OF THE TRADITIONAL WAY OF LIFE. CHAPTER NOTES ARE PROVIDED. APPENDIXES CONTAIN THE NATIVE BILL OF RIGHTS AND THE STUDY METHODOLOGY. EXTENSIVE REFERENCES ARE PROVIDED. (AUTHOR ABSTRACT MODIFIED)