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Like a Loaded Weapon

   
Like a Loaded Weapon

Subtitle: The Rehnquist Court, Indian Rights, and the Legal History of Racism in America

Series: Indigenous Americas

Author: Robert A. Williams

ISBN:    9780816647101
ISBN-10:    0816647100
Publisher:    University of Minnesota Press
Date Published:    1/11/2005
Format:    Paperback Book
Pages:    312
Language:    English
RRP$26.95
Price$24.26
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Book Description:

Exposes the U.S. Supreme Court's history of racism against American Indians. Robert A. Williams Jr. boldly exposes the ongoing legal force of the racist language directed at Indians in American society. Fueled by well-known negative racial stereotypes of Indian savagery and cultural inferiority, this language, Williams contends, has functioned "like a loaded weapon" in the Supreme Court's Indian law decisions. Beginning with Chief Justice John Marshall's foundational opinions in the early nineteenth century and continuing today in the judgments of the Rehnquist Court, Williams shows how undeniably racist language and precedent are still used in Indian law to justify the denial of important rights of property, self-government, and cultural survival to Indians. Building on the insights of Malcolm X, Thurgood Marshall, and Frantz Fanon, Williams argues that racist language has been employed by the courts to legalize a uniquely American form of racial dictatorship over Indian tribes by the U.S. government. Williams concludes with a revolutionary proposal for reimagining the rights of American Indians in International Law, as well as strategies for compelling the current Supreme Court to confront the racist origins of Indian law and for challenging bigoted ways of talking, thinking, and writing about American Indians.

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Category: Law - Jurisprudence Courts & Procedure

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