How Allotment-Era Literature Can Inform Current Controversies About Tribal Jurisdiction and Reservation Diminishment
Ann E. Tweedy
Hamline University School of Law
December 21, 2012
University of Toronto Quarterly, Forthcoming
In a previous article, "Unjustifiable Expectations: Laying to Rest the Ghosts of Allotment-Era Settlers," I argued that a review of historical newspaper articles showed that the expectations of non-Indians who purchased lands on Sioux reservations in South Dakota during the allotment-era as to tribes’ disappearing were not justifiable because they were rooted in an expectation of continued injustice towards tribes. I thus concluded that the Supreme Court should not presume that these allotment-era settlers had justifiable expectations when it decides reservation diminishment and tribal jurisdiction cases. This article addresses whether allotment-era literature pertaining to Sioux peoples can similarly help inform such cases. Although the results were more mixed, particularly with non-Indian-authored fiction, the works of Native writers such as Luther Standing Bear, Charles Eastman, and Zitkala-Ša were helpful in explicating the injustices in the federal government’s land dealings with tribes, as was a work by non-Native historian Doane Robinson.
Number of Pages in PDF File: 36
Keywords: Sioux Nation, Rosebud Sioux Tribe, allotment, treaty rights, law and literature, justifiable expectations, South Dakota, federal Indian law, diminishment, tribal jurisdiction, legal history, surplus lands
JEL Classification: H40, H82, J70Accepted Paper Series
Date posted: December 22, 2012 ; Last revised: May 19, 2013
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