Alaska Natives and American Laws

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Today's newspaper headlines overflow with legal struggles about "Indian Country" and battles over rights to fish and game: never have Alaska Natives found themselves more engaged with workings of the law. These circumstances demanded a reprint of this book. Originally published in 1984, Alaska Natives and American Laws is the most comprehensive historical and legal analysis of the application of the principles of federal Indian law to Alaska Natives. Many people assumed passage of the Alaska Native Claims ...
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Fairbanks, Alaska, U.S.A. 1984 Hb Very Good. No Dj 8vo. pp. xxii, (2), 586, "Once again, Case and Voluck have provided the most rigorous and comprehensive presentation of the ... important laws and concepts in Alaska Native law and policy to date. Thirty years after the Alaska Native Claims Settlement Act became law, Alaska Natives are more than ever subject to a dizzying array of laws, statutes, and regulations. This Second Edition provides expanded and up-to-date analyses of ANCSA, the Alaska National Interest Lands Conservation Act, and four fields of Alaska Native law and policy: land, human services, subsistence, and self-government. The authors also trace the development of the Alaska Native organizations working to influence and change these policies. Like the first edition, the expanded Alaska Natives and American Laws is the essential reference for anyone working in Native law, policy, or social services, and for scholars and students in law, public policy, environmental studies, and Native American s Read more Show Less

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More About This Book

Overview

Today's newspaper headlines overflow with legal struggles about "Indian Country" and battles over rights to fish and game: never have Alaska Natives found themselves more engaged with workings of the law. These circumstances demanded a reprint of this book. Originally published in 1984, Alaska Natives and American Laws is the most comprehensive historical and legal analysis of the application of the principles of federal Indian law to Alaska Natives. Many people assumed passage of the Alaska Native Claims Settlement Act (ANCSA) in 1971 extinguished the special legal status of Alaska Natives as aboriginal people - in other words, the general principles of the federal Indian law supporting special federal welfare benefits, inherent tribal authority, special land rights and Native subsistence henceforward did not apply to Alaska Natives. This book challenges those interpretations.
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Product Details

  • ISBN-13: 9780912006086
  • Publisher: University of Alaska Press
  • Publication date: 1/1/1984
  • Pages: 608

Meet the Author

David Case is recipient of the 1998 Denali Award from the Alaska Federation of Natives for his 25 years of "Dedication and Service to the Alaska Native Community." He was counsel to the Alaska Native Review Commission under Hon. Thomas S. Berger, and was principal author of the Katie John amicus brief for over 20 Alaska Native organizations. He also has nearly 20 years of private practice representing Alaska Native village corporations, tribes, and rural municipalities. He has taught Native law and governance at the University of Alaska in Anchorage and Fairbanks, and conducts tribal court and tribal government training for the National Judicial College and throughout the state.

David Avraham Voluck is a graduate of the University of Pennsylvania where he received a bachelor's degree focusing on comparative religion. He then went on to graduate from the North-western School of Law at Lewis & Clark College in 1995 where he received his certificate in environmental and natural resources law and was inducted into the Cornelius Honor Society. He accepted employment with the Sitka Tribe of Alaska as their trust resources attorney and was promoted to Director of the Department of Law and Trust Resources after two and a half years.

 

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Table of Contents

Foreword
Foreword to the First Edition
Acknowledgments
Acknowledgments to the First Edition
1 The Federal Relationship to Alaska Natives 1
I The Federal-Native Relationship Generally 1
II History of the Alaska Native Relationship 6
III The Modern Relationship 22
IV General Conclusions 32
2 Aboriginal Title 35
I Introduction 35
II The Obligation to Protect Aboriginal Title 39
III Extinguishment of Aboriginal Title 42
IV Recognition and Other Rights to Compensation 43
V Aboriginal Title In Alaska 44
VI Conclusion 63
3 Reservations 65
I Introduction 65
II Development and Decline of the Alaska Reservation Policy 69
III Some Conclusions 95
4 Native Allotments and Townsites 101
I Generally 101
II Allotments 102
III Native Townsites 130
IV Jurisdictional Issues 141
V Conclusion 152
5 ANCSA: The Alaska Native Claims Settlement Act 155
I Introduction 155
II Background: ANCSA's Compromises 157
III ANCSA's Provisions 159
IV ANCSA's Evolution 168
V Conclusions 184
6 History of Native Services in Alaska 187
I Overview 187
II Education 190
III Economic Development 200
IV Welfare Benefits and Services 209
V Indian Health Service 218
VI The Indian Self-Determination Act 221
VII Conclusion 225
7 Native Entitlement to Services 227
I Introduction 227
II Sources of Federal Authority to Provide Human Services 229
III Federal Social Service Obligations 235
IV Beyond Due Process and Statutory Entitlement 246
V Indian Preferences 248
VI Conclusion 251
8 Subsistence in Alaska 257
I Protecting Subsistence Generally 257
II Federal Preemption in Alaska 262
III Subsistence and ANCSA 283
IV Possibilities for Tribal Control 309
V Conclusions 315
9 Modern Alaska Native Governments and Organizations 317
I Introduction 317
II Governmental Organizations 318
III Economic Profit Corporations 333
IV Nonprofit Development and Service Corporations 338
V Multiregional Political Organizations 353
10 Sovereignty: The Alaska Native Claim to Self-Government 369
I Introduction 369
II Native American Self-Government in General 372
III Legal History of Alaska Native Sovereignty 378
IV ANCSA and Subsequent Events 386
V State and Native Jurisdiction in Alaska 391
VI Contemporary Developments in Alaska Native Sovereignty 410
VII Federal Sovereignty Policies 413
VIII State Sovereignty Policies 428
IX Tribal Courts 432
X Conclusion 437
Bibliography 439
Index 493
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