Ann Tweedy on Allotment Era Literature and Whether there were Justifiable Expectations about the End of Tribes

Ann Tweedy has posted her forthcoming paper, “How Allotment-Era Literature Can Inform Current Controversies About Tribal Jurisdiction and Reservation Diminishment,” on SSRN. It is forthcoming in the University of Toronto Quarterly.

The abstract:

In a previous article, Unjustifiable Expectations: Laying to Rest the Ghosts of Allotment-Era Settlers, I argued that a review of historical newspaper articles showed that the expectations of non-Indians who purchased lands on Sioux reservations in South Dakota during the allotment-era as to tribes’ disappearing were not justifiable because they were rooted in an expectation of continued injustice towards tribes. I thus concluded that the Supreme Court should not presume that these allotment-era settlers had justifiable expectations when it decides reservation diminishment and tribal jurisdiction casesThis article addresses whether allotment-era literature pertaining to Sioux peoples can similarly help inform such cases. Although the results were more mixed, particularly with non-Indian-authored fiction, the works of Native writers such as Luther Standing Bear, Charles Eastman, and Zitkala-Ša were helpful in explicating the injustices in the federal government’s land dealings with tribes, as was a work by non-Native historian Doane Robinson.