Rose Cuison Villazor on Ariela Gross’s “What Blood Won’t Tell”

Rose Cuison Villazor has posted, “Reading Between the (Blood) Lines,” forthcoming the Southern California Law Review. This paper is her book review of Ariela Gross’s “What Blood Won’t Tell.” Here is the abstract:

Legal scholars and historians have depicted the rule of hypodescent – that “one drop” of African blood categorized one as Black – as one of the powerful ways that law and society deployed to construct racial identities and deny equal citizenship. Ariela J. Gross’s new book, “What Blood Won’t Tell: A History of Race on Trial in America,” boldly complicates the dominant narrative about hypodescent rules in legal scholarship. On the one hand, “What Blood Won’t Tell” argues that the legal and social construction of race was far more complex, flexible and subject to manipulation than the scholarship regarding the rules about blood distinctions has suggested. On the other hand, “What Blood Won’t Tell” highlights circumstances, both historically and in recent memory, of the ways in which blood distinctions played crucial roles in shaping the identity of people of color, including indigenous peoples. Importantly, “What Blood Won’t Tell” also examines how blood quantum rules relate to contemporary efforts to reassert indigenous peoples’ sovereignty and claims to lands.

This Review highlights the important contributions of “What Blood Won’t Tell” to our understanding of the racial experience of indigenous peoples and the contemporary methods used to remedy the present-day effects of indigenous peoples’ colonial experience. “What Blood Won’t Tell” advances a more robust account of the racialization of people of color through rules about blood differences in at least three ways. First, it places the colonial experience of indigenous peoples within the larger historical contexts of racial subordination and efforts to promote White domination and privilege. Second, it underscores the federal government’s ongoing responsibility to counteract the long-standing effects of its past misdeeds by addressing indigenous peoples’ unresolved claims to lands that have been stolen from them. Third, it allows us to take a careful look at the relationship between blood quantum rules and the right of indigenous peoples to exercise self-determination. Taken together, these three perspectives reveal the immense challenges inherent to remedying the long-term effects of the racialization and colonization of indigenous peoples.

Review of “Facing the Future” in ICT

Here: ICT Facing the Future Review

The text (from ICT):

Copyright Indian Country Today Mar 10, 2010
Review . . .

‘Facing the Future: The Indian Child Welfare Act at 30’ edited by Matthew L.M. Fletcher, Wenona T. Singel, and Kathryn E. Fort

Through the generations, the attempted annihilation of Native families and tribal communities left legacies of survival and resistance, but some of the most persistent practices of colonialism linger, as this book reminds us.

Several of the authors cited in this collection of 12 essays take the U.S. sharply to task for the cultural damage left in the wake of generations of Native children removed from their homes and placed with non-Native people or institutions up to the present day.

“The long history of injustices against indigenous peoples of the Americas is well documented,” notes Professor Lorie M. Graham, Suffolk University Law School. “For purposes of the Indian Child Welfare Act, the relevant historical point would be what one scholar has referred to as the ‘Native American holocaust of the nineteenth century'” when Indian children were removed I from their homes.

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Patrick LeBeau Reviews The Writings of Jane Johnston Schoolcraft

Here is Patrick LeBeau’s fine review of Robert Dale Parker’s  “The Sound the Stars Make Rushing Through the Sky: The Writings of Jane Johnston Schoolcraft.”

LeBeau Review

“American Indian Education” Reviewed in American Indian Culture and Research Journal

My book “American Indian Education: Counternarratives in Racism, Struggle, and the Law” received a very nice review from Cynthia Kasee of Winston-Salem State University. The review appeared in UCLA’s American Indian Culture and Research Journal.

Kasee Review

Book Review (Short) of Rebuilding Native Nations

This appeared in Great Plains Quarterly — Rebuilding Native Nations book review

Book Review of “Race and the Cherokee Nation”

From H-Net (h/t to Legal History Blog):

Fay A. Yarbrough. Race and the Cherokee Nation: Sovereignty in the
Nineteenth Century. Philadephia University of Pennsylvania Press,
2008. x + 184 pp. ISBN 978-0-8122-4056-6; $55.00 (cloth), ISBN
978-0-8122-4056-6.

Reviewed by John Gesick
Published on H-Genocide (March, 2009)
Commissioned by Elisa G. von Joeden-Forgey

Nineteenth-Century Practices, Twenty-First Century Decisions

This seminal study of Cherokee race relations during the antebellum
and post-Civil War eras and their consequences in the twentieth and
twenty-first centuries has broad applications across many
disciplines–not just to history or sociology or anthropology, but to
the legal and educational fields as well. The author has approached
this subject with sensitivity and pragmatic analysis. She has drawn
thoughtful conclusions based on the empirical analysis of a host of
available documents and of numerical data that she collected from
census records, marriage records, and other demographic sources.
Where the results might be inconclusive, Yarbrough offers avenues for
further investigation and analysis.
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Review of African Cherokees in Indian Territory

Angela Hudson reviews Celia E. Naylor’s new book African Cherokees in Indian Territory: From Chattel to Citizens on H-Net Reviews.  The reviewer compares it favorably with Prof. Tiya Miles’ book, The Ties That Bind, which is certainly a strong recommendation:

Dislodging Comfortable Fictions

Debates about the citizenship status of Cherokee freedmen and their descendents have filled newspapers, Web sites, conference rooms, and e-mail inboxes over the past two years and have ranged from the thoughtful to the downright vicious, leaving nearly no aspect of the controversy untouched. But as Celia E. Naylor’s recent book makes clear, there is still a great deal more we can learn about the lives, loves, fates, and desires of people of African descent who lived among the Cherokees from the 1830s through the first decade of the twentieth century. In African Cherokees in Indian Territory, Naylor aims to “lift the veil” that still covers the world of “enslaved and free African-descended people in the 19th-century Cherokee Nation, Indian Territory” (p. 3).

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Fifty Miles From Tomorrow reviewed in the New York Times

A memoir written by Inupiat elder William L. Iggiagruk Hensley was reviewed in this weekend’s New York Times book section. You can find the review on the NYT’s site here.

 

Coming of Age in Alaska

FIFTY MILES FROM TOMORROW

A Memoir of Alaska and the Real People

By William L. Iggiagruk Hensley

Illustrated. 256 pp. Sarah Crichton Books/ Farrar, Straus & Giroux. $24

The Far North of the imagination is a cartography of cartoon proportions, made even more so by the sudden celebrity of Sarah Palin. In shorthand, Alaska is white, cold and exotic, or it’s a cruise ship fantasy of fast-melting glaciers and camera-friendly caribou seen between first and second helpings at the buffet table.

But every now and then someone comes along with a story that lays a serious claim to Alaskan authenticity, advancing the Outside’s view of what life is really like in the Great Land.

With his memoir of Alaska, the Inupiat elder William L. Iggiagruk Hensley offers a coming-of-age story for a state and a people, both still young and in the making. And while there are familiar notes in the Dickensian telling of this tale, Hensley manages to make fresh an old narrative of people who arise just as their culture is being erased — be they “Braveheart” Scotsmen or outback Aborigines. His book is also bright and detailed, moving along at a clip most sled dogs would have trouble keeping up with.

Hensley’s life runs from the Alaska at “the twilight of the Stone Age,” as he says, to the petro-dominated modern state with its thriving native corporations and billion-dollar energy schemes. Hensley saw it all, and shaped much of it.

On one level, his story is first-person history, for it was in Alaska that the government tried something radically different in settling land claims of indigenous people. Instead of reservations, natives set up regional corporations — everyone a shareholder with an initial stake of land and money in what Hensley calls “the most sweeping and fairest Native American land settlement.”

On a personal level, the book is riveting autobiography. Anyone who thinks times are hard now need only consider a winter spent on an ice floor under a sod roof, and the prospect of a life-or-death journey to the outhouse.

“For me, Alaska is my identity, my home and my cause,” he writes. “I was there, after all, before Gore-Tex replaced muskrat and wolf skin in parkas, before moon boots replaced mukluks, before the gas drill replaced the age-old tuuq we used to dig through five feet of ice to fish.”

Hensley was raised just north of the Arctic Circle on the shores of Kotzebue Sound. On a clear day, he probably could see Russia from his house, for it’s a mere 90 miles across the Bering Strait. The international date line is 50 miles away, and hence the title.

The first part of the book — to me, the most fascinating — is a depiction of the nearly lost world of a North American hunter-gatherer community. Born in 1941, Hensley was raised by his mother’s cousin in a village of 300 people with no electricity, no lights, no telephones. Winter is a nine-month affair, mostly dark. Women were prized for having strong teeth, the better to crimp dried sealskins into mukluks.

The perils included not just 50-below-zero weather, but random cruelties of the primitive life. An episode of botulism — fermented walrus meat, a delicacy, went bad — killed Hensley’s adopted father.

Though it sounds harsh, Hensley writes favorably of the boy’s world of hunting, fishing and exploring under the midnight sun, and the joy of having an ancient connection to a place: “There are few people in America who can say that their forebears were here 10,000 years ago. That is a powerful thing.”

The story of his early life reads like “Angela’s Ashes” without the baroque sense of misery. The oppressors here are missionary and government do-gooders, insistent on eradicating native culture in a rush to assimilation. Hensley notes that his parents’ generation was schooled by people who forced children to write “I will not speak Eskimo” 100 times on the board.

At 15, Hensley was sent to Christian boarding school in Tennessee, where — naturally — he learned about sex and Southern cooking. He couldn’t stand the food, citing pimento cheese sandwiches in particular.

An excellent student, athlete and, by his own account, boyfriend, he went on to college at George Washington University, a series of oddball jobs and a political career in a time of tumult and possibility.

He became a Thomas Jefferson of sorts for native people after a vast oil field was discovered in Prudhoe Bay. Led by Hens ley, natives held up the state’s attempt to exploit those oil riches until aboriginal land claims were settled.

The resolution came in the form of the Alaska Native Claims Settlement Act of 1971, awarding 44 million acres of land and nearly $1 billion to the first Alaskans. It set up a series of regional corporations, some of which became Fortune 500 companies.

But the rush to modern life took a big psychic toll. Alcohol, suicide, domestic violence — the familiar litany of native social ills — prompted a long journey of the soul for Hensley. As with every other episode of his life, it is told here with a Far Northern twist and an intimacy with the land and the heart.

Timothy Egan’s latest book, “The Worst Hard Time,” won the National Book Award for nonfiction in 2006. He writes the Outposts column for NYTimes.com.

Two Recent Indian Law Related Posts at the Legal History Blog

Here are two recent Legal History Blog posts which may be of interests to readers of this blog.  Follow the links for more information about both:

Hernandez-Saenz Reviews “Empire of Laws and Indian Justice in Colonial Mexico”

H-Law has published “Law and Indigenous Peoples in Seventeenth-Century Mexico,” a review by Luz Maria Hernandez-Saenz, Department of History, University of Western Ontario, of Brian Philip Owensby’s Empire of Law and Indian Justice in Colonial Mexico (Stanford University Press, 2008).

Soliz and Joseph on Native American Literature, Ceremony and Law

Native American Literature, Ceremony, and Law is a new essay by Cristine Soliz, Colorado State University-Pueblo, and Harold Joseph. It will appear in MLA OPTIONS FOR TEACHING LITERATURE AND LAW, Austin Sarat, Cathrine Frank, Matthew Anderson, eds., 2009. Here’s the abstract (only the abstract, not a fuller essay, is available to download on SSRN).

Come on Shore and We Will Kill and Eat You All

…is the title of a new book written by an editor of the Harvard Review. According the the New York Times Book Review (I haven’t read the book), it’s about both the author’s experience with modern Maoris and the historical European “discovery” and colonization of New Zealand. Here are a couple pieces from the review:

“Thompson [the author] persists with this meeting-of-alien-peoples theme as the tenuous link between the memoir part of her book, in which she is cast as a kind of explorer charting new cross-cultural territory in her relationship with a Maori (“I was small and blond, he was a 6-foot-2, 200-pound Polynesian. I had a Ph.D., he went to trade school”), and the history part (the European discovery and colonization of New Zealand). The late-20th-century pub incident, for example, segues into accounts of 18th-century encounters between Maoris and explorers like James Cook and Marc-Joseph Marion du Fresne. Both of them were ultimately killed by the Polynesians they met; Thompson married hers.”

. . . .

“Although Thompson’s “contact encounter” parallels are strained, her observations about the enduring effects of colonization can be penetrating. She puts her vantage point of insider-outsider (she’s never lived in New Zealand yet has an intimate connection with it) to good effect, tracing the genealogy of racial stereotypes and cutting through some of New Zealand’s most cherished myths about itself. Like the one about how injustices of the past have been addressed, or that, unlike Australia, New Zealand is not racist. “What, after all, does the cluster of social indicators that includes low life expectancy, poor health, high unemployment and low levels of educational attainment suggest, if not poverty?” she asks. “And what is the root cause of Maori poverty, if not colonization?” Thompson now has interests on both sides of the postcolonial divide, feeling the dispossession suffered by her husband’s (hence her children’s) people as well as that perpetrated by her own. (“It was the Dakotas and Pennacooks and Pawtuckets who paid the price of our family’s prosperity.”)”

The full review is available on the New York Times website.