Here are the materials so far in State of Connecticut v. Dept. of the Interior (D. Conn.):

Here are the materials so far in State of Connecticut v. Dept. of the Interior (D. Conn.):


Carla D. Pratt has published “Indianness as Property” in the B.U. Law Review.
Abstract:
This Article expands upon the seminal work by Cheryl Harris entitled Whiteness as Property by exploring the intersection of race and property through Indianness. Indianness has been constructed as a form of property
conferring rights and privileges to its holders which this Article examines through the inertial relationship between race and legal status. Tracing the historical evolution of Indianness from the slavery era to the modern era demonstrates the complex relationship between tribal sovereignty, citizenship and Indian identity. This legal history contextualizes contemporary disputes over who can enjoy tribal citizenship and be Indian. This Article advocates for a reevaluation of Indianness that it is not grounded in notions of race and property, but rather sovereignty, history and culture, asserting that broadening the conception of Indianness will strengthen tribal sovereignty.
There are three responses (one forthcoming) to this paper:
Rejecting the Racialization of Indianness
Andrea J. Martin
Nanaboozhoo and Derrick Bell Go for a Walk
Matthew L.M. Fletcher

Matthew Villaneuve has published “Habeas Corpus and American Indian Boarding Schools: Indigenous Self-Determination in Body and Mind, 1880–1900” in the Western Historical Quarterly.
Abstract:
This article examines the history of Native people’s use of habeas corpus to resist family separation employed in the United States’ system of Indian boarding schools. It highlights three cases brought by Native petitioners from Alaska, New Mexico, and Iowa between 1885 and 1900. These cases show how Native parents, husbands, and cousins challenged the federal agents responsible for boarding schools by appealing to federal courts for intervention on behalf of their kin confined in such schools. Moving beyond legal interpretations, however, this article further argues that Native people used these petitions to assert their capacity to make their own decisions about the proper education of their young people and to convey Indigenous values of teaching and learning. Consequently, these cases illustrate an important but understudied means by which Native people used the legal tools available to them to assert self-determination in education. These habeas corpus cases are therefore a crucial part of boarding school history, American Indian and Indigenous history, and the history of U.S. education.




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