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Conquest by Law How the Discovery of America Dispossessed Indigenous Peoples of Their Lands Lindsay G Robertson 2005 :: The Progressive Torrents Community
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Conquest by Law How the Discovery of America Dispossessed Indigenous Peoples of Their Lands Lindsay G Robertson 2005


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3.59 MB

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2014-06-24 15:02:38

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doctrine" that gave "exclusive title" to those who "discovered" the
land. Indians were thereby reduced to mere occupants "incapable of
transferring absolute title to others." To Marshalls chagrin, this
doctrine led to the practice of "Indian removal," whereby entire tribes
were forced to move west as their lands were opened to speculators.
Robertsons study is based on rediscovered historical records that
clearly reveal how greed for land and power instigated the Trail of
Tears and similar tragedies. Deborah Donovan
Copyright © American Library Association. All rights reserved --This
text refers to an out of print or unavailable edition of this title.
"No attorney or judge ought to site Johnson without first reading
[this] book."--Walter Echo-Hawk, Native American Rights Fund
"This is the perfect book to assign to students at the start of a
property class, even at the start of their law school careers.
Robertson takes us behind the litigation of the landmark case of
Johnson v. MIntosh, laying bare the process: the maneuvering to
present a test case, the economic incentives behind the suit, and even
the forgotten sources of Marshalls opinion. Robertsons rich case
study brilliantly illustrates how social, economic, and legal concerns
all came together in this critical decision."--Alfred L. Brophy,
Professor of Law, University of Alabama and author of Reparations: Pro
& Con
"This work provides insight into the legal machinations of the
government and land speculators bent on pursuing Manifest Destiny."
"Robertsons painstaking research jumps off the pages of this excellent
book that preserves the truth of the "discovery doctrine."--The
"A meticulously researched analysis of the political rivalries and
personal greed surrounding a landmark Supreme Court decision that set
the stage for the judicial conquest of Native America.... Robertsons
study is based on rediscovered historical records that clearly reveal
how greed for land and power instigated the Trail of Tears and similar
"At last a comprehensive examination of the circumstances surrounding
Johnson v. MIntosh, a Supreme Court decision used and abused by
generations of lawyers and judges. Robertson brings the case into the
historical world from which it has been missing for 180 years."--Vine
Deloria, Jr., Professor Emeritus of History, University of Colorado,
"Conquest by Law is an important contribution to the study of the
extension of European ideas and governance to other parts of the world,
and the work sheds considerable light on indigenous land policies in
the United States."--Law and Politics Book Review
"Lindsay Robertsons Conquest by Law opens exciting new vistas on
American politics and law in the republics formative years. Robertson
brilliantly reconstructs the history of Johnson v. MIntosh, the
foundational case in federal Indian law in which Chief Justice John
Marshall set forth the "discovery" doctrine, showing how this failed
feigned case led to tragic, unintended consequences for Indian peoples
in the U.S. and beyond. Deeply researched and lucidly argued, Conquest
by Law is a remarkable contribution both to the literature of American
history and to our national self-understanding."--Peter Onuf, author of
Jeffersons Empire
"Lindsay Robertsons outstanding book pulls off the frail cover of the
articulated court reasoning in Johnson v. McIntosh to expose the often
ugly reality that the case was orchestrated to satisfy the greed of
speculators. More disturbing, the decision was expanded for the purpose
of rewarding Marshalls friends. It points to one of those historic
moments wherein had integrity persevered, many tribes, including the
Cherokee Nation, may not have faced the infamous Trail of Tears; and
federal and tribal relations would have been founded on solid law,
rather than fleeting political desires. Professor Robertson has done a
great service to the country, to the law, to the Indian nations by
exposing the truth through painstaking research." --Chad Smith,
Principal Chief, Cherokee Nation
"This is an exceptional work that breaks new ground and contributes to
our understanding not only of a specific case, but of the role of the
Supreme Court in the American Republic. An important contribution to
both the study of law and the history of the West."--Rennard
Strickland, Philip H. Knight Professor of Law, University of Oregon
"Drawing upon previously unknown historical records, Professor
Robertson has written a major book destined to force a significant
reconsideration of the legal principles and the landmark judgment
relied upon in the USA, as well as in many other countries, to
legitimate colonial assertions of ownership overriding indigenous
ones."--Bradford W. Morse, Professor of Law, University of Ottawa
See all Editorial Reviews
Product Details
Paperback: 272 pages
Publisher: Oxford University Press (April 12, 2007)
Language: English
ISBN-10: 0195314891
ISBN-13: 978-0195314892

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