Federal Anti-Indian Law

This work is a tour de force: provocative and overflowing with insights, examples, and thoughtful interpretations. Summing Up: Highly recommended. Advanced undergraduates through faculty and practitioners. * Choice * This book covers an enormous area of historical and modern-day federal Indian law, which the author calls ANTI-Indian law. Like an iconoclast in the truest sense of the word, d'Errico attacks the colonial foundations of Indian law and challenges professors, historians, Indian nations' leaders, and tribal attorneys to stop relying on Supreme Court case law that is built on disastrous premises and instead to resist and reverse these foundational principles. * Robert James Miller, Professor, Sandra Day O'Connor College of Law at Arizona State University * Many Americans have never heard of the Christian Doctrine of Discovery or understood how the federal government retains nearly unlimited authority over Native lands and nations. Professor d'Errico explains how, even today, Indigenous Peoples in the United States live under an 'exception' to U.S. law-an eye-opening revelation for many readers. Federal Anti-Indian Law is an accessible read that reveals the interplay of law with history and should not be limited to legal classrooms-it's an important and enlightening book for all people, Indigenous and non-Indigenous alike. * Robert Maxim II (Mashpee Wampanoag), Senior Research Associate, Brookings Institution * Federal Anti-Indian Law is a paradigm-shattering work. Professor d'Errico has spent decades teaching, studying, and reflecting upon the system of ideas the U.S. government has used to establish its claim of a right of domination over the original nations and peoples of the continent. * Steven T. Newcomb, Director, Indigenous Law Institute, and author of Pagans in the Promised Land: Decoding the Doctrine of Christian Discovery * Federal Anti-Indian Law is a gut-wrenching analysis. My whole career grappled with the contradictions d'Errico illuminates and dissects. One finally comes to understand Louise Erdrich's rotten noodles metaphor for U.S. laws that dominate Indigenous Peoples. * Sarah W. Barlow, Retired Attorney, Albuquerque, NM * In this ground-breaking work, d'Errico launches a frontal attack on the whole field of American law pertaining to Indigenous Peoples. He exposes not only the racism, but also the Christian discovery roots of federal domination of the Indian nations, and then goes beyond criticism, offering a way out of this unacceptable situation. This book is a must-read for anyone wanting to understand American history and the questionable basis for U.S. sovereignty. * Kent McNeil, Distinguished Research Professor (Emeritus), Osgoode Hall Law School, York University, Toronto, Canada * Federal Anti-Indian Law provides a significant contribution in establishing a proper context in which to engage in the exercise of identity. Governmental representation at all levels, academia at all levels, and anyone who 'cares' about the Original Free Nations and Peoples of this land should have a better understanding of who these nations and peoples are and where they come from. 'Where are we all going?' is the real question. This book represents a contribution of the type of 'truthful' and 'respectful' communication that is absolutely necessary to know where the future will collectively lead us. * JoDe Goudy (Yakama Nation), Owner, Redthought.org * Covering nearly every influential legislative act, legal decision, and federal policy, Peter d'Errico does not take a 'bird's eye view' of U.S. Indian law, but brings us down to the ground, revealing a vast, long, and lucid view of the quagmire of 'anti-Indian law,' a system designed to dispossess and dominate, which rests on the ancient foundation of the Christian doctrine of discovery. Under his acute analysis, and with engaged storytelling, the shaky foundation beneath the system gives way, opening more sustainable paths to a just future. * Lisa Brooks, Henry S.Poler '59 Presidential Teaching Professor of English and American Studies, Amherst College; Author of Our Beloved Kin: A New History of King Philip's War *