The Indian Civil Rights Act at Forty

The Indian Civil Rights Act at Forty

by Kristen Carpenter
     
 

Literary Nonfiction. Native American Studies. Edited by Kristen A. Carpenter, Matthew L.M. Fletcher, and Angela R. Riley. Congress passed the Indian Civil Rights Act of 1968 (ICRA) to address civil rights in Indian country. ICRA extended select, tailored provisions of the Bill of Rights—including equal protection, due process, free speech and religious

Overview


Literary Nonfiction. Native American Studies. Edited by Kristen A. Carpenter, Matthew L.M. Fletcher, and Angela R. Riley. Congress passed the Indian Civil Rights Act of 1968 (ICRA) to address civil rights in Indian country. ICRA extended select, tailored provisions of the Bill of Rights—including equal protection, due process, free speech and religious exercise, criminal procedure, and property rights—to tribal governments. But, with the exception of the writ of habeas corpus, Congress did not establish a federal enforcement mechanism for violations of the Act, nor did it abrogate tribal sovereign immunity. Thus, ICRA has been interpreted and enforced almost exclusively by Indian tribes and their courts.

This collection of essays, gathered on the fortieth anniversary of ICRA, provides for the first time a summary and critical analysis of how Indian tribes interpret and apply these important civil rights provisions in our contemporary world. The authors have found that, while informed by ICRA and the dominant society's conception of individual rights, Indian nations are ultimately adapting and interpreting ICRA in ways consistent with their own tribal traditions and beliefs. In some respects, ICRA parallels the broader experiences of tribes over the past forty years—a period of growth, revitalization, and self-determination for many Indian nations.

Product Details

ISBN-13:
9780935626674
Publisher:
UCLA American Indian Studies Center
Publication date:
01/27/2012
Edition description:
New Edition
Pages:
358
Sales rank:
1,263,081
Product dimensions:
5.90(w) x 8.90(h) x 0.90(d)

Meet the Author


Kristen A. Carpenter is Associate Dean for Faculty Development and Associate Professor of Law at the University of Colorado Law School.

Matthew L.M. Fletcher (Grand Traverse Band of Ottawa and Chippewa Indians) is Professor of Law at Michigan State University College of Law and Director of the Indigenous Law and Policy Center.

Angela R. Riley (Citizen Potawatomi Nation) is Professor of Law and Director of the American Indian Studies Center, University of California, Los Angeles.

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