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"The story of indigenous cultures and the law in America has been one of theft, loss, and decimation, at least when that story has been created and told by non-indigenous voices. As this book makes clear, we believe the era of those stories has passed and indigenous people will define the future of indigenous cultures and their protection, on their own terms. Therefore, we did not write this book in an attempt to establish normative guidelines of indigenous cultural preservation. Instead, we have set out to provide a framework within which tribes - and those interested in the area of indigenous cultural protection - can glean a basic understanding of the various laws that impede that effort, as well as those that advance claims to protect indigenous cultures. To frame this discussion in the chapters that follow, we want to begin with a clear description of our purpose and goals"--
List of contents
Preface; 1. Legal history and foundations; 2. The jurisdictional framework of the second way, and the Cherokee diaspora; 3. Religious freedom, the value of sacred places, and the price of cultural ignorance; 4. Clashing values, the Blackfeet, and a measure of success in the 'Badger-Two'; 5. Federal cultural protection statutes: products of a dark history; 6. Tribal laws: the embodiment of the third way; 7. Both ends of the spectrum, and everything in between: state and local governments and indigenous cultures; 8. Indigenous cultures and intellectual property; 9. A 'third way' for the future.
About the author
Hillary Hoffmann is Professor of Law, Vermont Law School. She has fifteen years of experience in the field of federal Indian law, representing tribal clients in private practice. Along with teaching and writing on tribal cultural preservation, she has also testified in Congress on a variety of related topics.Monte Mills is Associate Professor and Co-Director of the Margery Hunter Brown Indian Law Clinic at the Alexander Blewett III School of Law, University of Montana. He has sixteen years of experience working for, with, and on behalf of Indian tribes as general and in-house counsel.
Summary
A Third Way details the history, context, and future of ongoing legal fights to protect indigenous cultures. Elucidating key laws that tribes and allies can use to protect sacred lands and waters, this book is for scholars, practitioners, tribes, and general readers seeking to advance cultural protection.
Additional text
'Through a careful exploration of legal history and contemporary case studies, Hoffmann and Mills demonstrate how the US legal system has authorized and often encouraged the destruction of indigenous cultures. The authors also chart a new pathway for the future: one in which Indigenous cultural values help to drive public policy by providing an actual 'measure of comfortable justice,' not just for Indigenous peoples, but for all Americans.' Rebecca Tsosie, Regents Professor of Law, University of Arizona
