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Palgrave Macmillan

The Indian Law Legacy of Thurgood Marshall

ISBN 9781137434920
Publication Date March 2014
Formats Hardcover Ebook (EPUB) Ebook (PDF) 
Publisher Palgrave Pivot

For much of the 20th century, Thurgood Marshall was a pioneer in advocacy for the disenfranchised, ground under the wheels of American Justice. In view of his activism as a law student at Howard, a protégé of Charles Houston, and then as advocate and chief counsel for the NAACP Legal defense Fund, no one can question his legitimacy as a catalyst for social justice. What then of his career on the Supreme Court. How might that passion for social justice translate in his decisions of our highest court? An examination of his published opinions in cases involving Indian law should show the extent to which that idealism matured as legal principle.
This work endeavors, then, to examine nineteen published Indian law decisions, dating from 1970 to 1987. Using the analytical paradigms suggested by Laurence, Hanna, and Tsosie, these decisions will be mined to expose the reasoning and logic that informed them. Some of Marshall's opinions are written for the majority, at times unanimous, but generally contentious. Others of his opinions come from his published dissents. One finds Marshall frequently at odds with Justice Powell and Justice Rehnquist. What emerges is, with rare exception, a consistency of thought and reason throughout Justice Marshall's opinions. His rationale was based on a consistent view of sovereignty, an adherence to the canon of construction in Indian law, and his view that legislative intent must be clearly articulated. Undergirding all of his work was the knowledge that American Justice had and was frequently used to promote injustice and social inequity.

F. E. Knowles, Jr. is an Associate Professor and Chair, Native American Studies at Valdosta State University, Valdosta, USA.

1. Abstract
2. Introduction - Marshall and Majoritarianism
3. Historical Background of Indian Law
4. Laurence's Analytical Paradigm
5. The Case Law
6. Choctaw Nation v. Oklahoma
7. McClanahan v. Arizona State Tax Commission
8. United States v. Mason
9. Rosebud Sioux v. Kneip
10. Oliphant v. Suquamish Tribe
11. Santa Clara Pueblo v. Martinez
12. Washington v. Confederated Bands and Tribes of the Yakima Indian Nation
13. United States v. Mitchell (Mitchell 1)
14. White Mountain Apache Tribe v. Bracker/ Central Machinery Company v. Arizona State Tax Commission
15. Merrion v. Jicarilla Apache Tribe
16. Ramah Navajo School Board v. Bureau of Revenue of New Mexico
17. New Mexico v. Mescalero Apache Tribe
18. United States v. Mitchell (Mitchell 2)
19. Arizona v. San Carlos Apache Tribe
20. Laurence's Conclusions
21. Additional Case Law
22. Solem v. Bartlett
23. Oregon Department of Fish and Wildlife v. Klamath Tribe
24. United States v. Dion
25. Iowa Mutual Insurance Co. v. LaPlante
26. Summary and Conclusion
27. Works Cited
28. Case Law Cited
29. Statutory Law and Treaties Cited
Appendix One - Voting Blocs in Cited Cases


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