記錄 41 之 1929
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作者 Monikowski, Richard Arnold
書名 The actual state of things: American Indians, Indian law and American courts between 1800 and 1835
國際標準書號 9780591290608
book jacket
說明 611 p
附註 Source: Dissertation Abstracts International, Volume: 58-01, Section: A, page: 0199
Thesis (Ph.D.)--The University of New Mexico, 1997
The title of this dissertation, "The Actual State of Things," is a phrase used extensively by Chief Justice John Marshall in three of his most important opinions pertaining to the legal status of Indian people and tribes. These three cases, in turn, are the basis for modern Federal Indian Law. The purpose of this dissertation was to examine the judicial basis and historical development of Indian law and tribal relations with the United States. The hypothesis for this study was based on two controversial issues: that Indians or Indian tribes used non-Indian legal systems to determine their rights prior to 1831; and that Indian law and tribal rights as espoused by Marshall between 1801 and 1835 differed significantly from the Indian law as it was being developed concurrently in state courts
The dissertation was divided into four separate components. Part I provided an overview of the historical development of Indian law and policy at the international, national, and local levels between 1532 and 1801. Part II examined the U.S. Supreme Court's decisions regarding Indian law under the leadership of John Marshall between 1801 and 1835. Part III surveyed the development of Indian law as it was developed in four separate regions of the United States (e.g., Virginia and the mid-Atlantic States, New York, the Southern Appalachian Mountains, and the Deep South and along the Mississippi River). Part IV compared Indian law as it was developed by the Supreme Court and the courts of the several states. Attention was placed on tribal sovereignty, Indian title, and the political relations between the numerous Indian tribes and the United States and the several states
The research and analytical methodologies from several disciplines were employed, notably: Law, History, Anthropology, Native American Studies, and American Studies. Due to the nature of the source material, "case analysis" was the dominant methodology. This involved analyzing the following five components of each case: the relevant facts, the legal issues presented for decision, the rule of law, the holding (i.e., the rule of law applied to the facts of the case), and the court's reasoning that supported the holding
School code: 0142
DDC
Host Item Dissertation Abstracts International 58-01A
主題 American Studies
History, United States
Law
Sociology, Ethnic and Racial Studies
0323
0337
0398
0631
Alt Author The University of New Mexico
記錄 41 之 1929
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