New Federal Indian Law

Fletcher, Matthew L. M.

doi:10.2139/ssrn.968728

Cited by 4 publications

(3 citation statements)

References 76 publications

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“…Still, most of the literature associated with the Termination Act is limited to historical events and legal perspectives. Multiple scholars acknowledge the tumultuous historical relationship between the United States and American Indians continues to exhibit catastrophic consequences (Barker, 2005;Corntassel & Witmer, 2008;Daly, 2009;Duthu, 2009;Fletcher, 2016;Philp, 1999;Wood, 2008). In California, the relationship emerged following the horrors of colonization and the California Mission Period; the Mission Period was the time between 1769 and 1848 when the Indian right of occupancy was under Spanish power (Wood, 2008).…”

Section: Literature Reviewmentioning

confidence: 99%

The California Rancheria Termination Act of 1958: The Continuous Assertion of Tribal Governments for Self-Determination

Trueblood,

A. Prairie Chicken

2023

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Throughout the history of the United States, the relationship with its original inhabitants has been marked by inequity, persisting from its inception in 1776. This qualitative case study delves into the enduring repercussions of the Rancheria Termination Act of 1958 on California's American Indian communities. Guided by a transformative axiological assumption rooted in respect, beneficence, and justice, this research seeks to shed light on this act's profound and lasting impacts. The California Rancheria Termination Act of 1958 (Rancheria Act) represents a joint effort by the United States government and the State of California to circumvent federal treaty responsibilities and transfer portions of tribal lands to the state. The findings of this study reveal that the Rancheria Act (1958) set tribal governments back by over 650 years. With an average of 17 years of non-existence before restoration, the 41 tribal governments affected by inequitable and racist policies continue to wage a resilient battle to reclaim their identity. In defiance of the federal government's actions, tribal governments persist in their struggle to safeguard their culture, language, spiritual practices, societal contributions, and indigenous identity. These were once threatened by the classification of terminated rancheria inhabitants as non-Indian Indians. The study has uncovered a compelling need for further research into the holistic impact of the Rancheria Act. Such research can provide the foundation for developing initiatives that empower American Indians and tribal governments to exercise their right to self-determination. These initiatives can also foster community reconciliation, addressing historical injustices impacting present issues.

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Section: Literature Reviewmentioning

confidence: 99%

The California Rancheria Termination Act of 1958: The Continuous Assertion of Tribal Governments for Self-Determination

Trueblood,

A. Prairie Chicken

2023

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“…This body of law authorizes federal legislation on tribes and American Indian and Alaska Native people. In recent decades, Congress has passed more legislation to support tribal self-governance 18 ; however, not all federal laws and policies potentially benefiting tribes are implemented with adequate consultation. In the context of health care, the federal government consistently reneges on its legal obligation to provide health care through chronic underfunding and mismanagement of critical agencies such as IHS.…”

Section: Tribal Sovereignty and Public Health Authoritymentioning

confidence: 99%

Vaccine Passports and Indian Country: Nothing Fast About It

Calac

Hoss

2022

Public Health Rep

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“…Federal Indian law is the body of law that defines the rights, responsibilities, and relationships between three sovereigns, Tribes, states, and the federal government. 1 This area of law has defined, oftentimes poorly, the contours of treaty rights, 2 criminal 3 and civil 4 jurisdiction, economic development, 5 among other issues. Much has been documented in terms of the implications of social, legal, political, and economic systems that perpetuate inequities amongst American Indian and Alaska Native populations.…”

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confidence: 99%

Federal Indian Law as a Structural Determinant of Health

Hoss¹

2019

J. Law. Med. Ethics

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Federal Indian law is the body of law that defines the rights, responsibilities, and relationships between three sovereigns, Tribes, states, and the federal government. This area of law has defined, oftentimes poorly, the contours of treaty rights, criminal and civil jurisdiction, economic development, among other issues. Much has been documented in terms of the implications of social, legal, political, and economic systems that perpetuate inequities amongst American Indian and Alaska Native populations. There has also been substantial research on health inequalities. Yet, there has been less discussion on the role of law in perpetuating these adverse health outcomes in these populations. The social and structural determinants of health are the factors and conditions, such as housing, education, and politics, that create health disparities. For years, law has been described as a tool to promote health and even a determinant of health. And while research has explored Tribal health laws and federal Indian health policies, more needs to be analyzed in terms of the role of foundational principles of federal Indian law in perpetuating health disparities. This article argues that federal Indian law is a structural determinant of health by linking health disparities to the constructs of this body of law.

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New Federal Indian Law

Cited by 4 publications

References 76 publications

The California Rancheria Termination Act of 1958: The Continuous Assertion of Tribal Governments for Self-Determination

The California Rancheria Termination Act of 1958: The Continuous Assertion of Tribal Governments for Self-Determination

Vaccine Passports and Indian Country: Nothing Fast About It

Federal Indian Law as a Structural Determinant of Health

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