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An Idea of American Indian Land Justice: Examining Native Land Liberation in the New Progressive Era

National Lawyers Guild Law Review, Forthcoming

69 Pages Posted: 18 Dec 2010 Last revised: 22 Apr 2011

Richael A Faithful

National Lawyers Guild Review

Date Written: March 1, 2011

Abstract

This article is inspired by Professor Robert Odawi Porter’s remarks during the 2009 D.C. Federal Indian Bar conference in which he outlined a seemingly radical proposal for “land liberation” for American Indian tribes – the abandonment of United States trusteeship over tribal land, and return of title and associated rights to numerous tribes who have lost their land due to nefarious governmental policies and bad deals. In an effort to bridge Porter’s visionary legal viewpoint with renowned economist and philosopher, Amartya Sen’s recent visionary contribution on justice, An Idea of American Indian Land Justice, helps revive an Indian law critical studies tradition calling for greater tribal sovereignty, but in a new light, however, that examines a global political climate that embraces the human rights mantle to one degree or another. This article tries to illuminate two liberationist outlooks to scrutinize a legal proposal by a leading mind in Indian law that also has wide-reaching implications for other movements, struggles, and communities across the world.

Suggested Citation

Faithful, Richael A, An Idea of American Indian Land Justice: Examining Native Land Liberation in the New Progressive Era (March 1, 2011). National Lawyers Guild Law Review, Forthcoming. Available at SSRN: https://ssrn.com/abstract=1727709

Richael Faithful (Contact Author)

National Lawyers Guild Review ( email )

United States

HOME PAGE: http://www.nlg.org/resources/publications/nlg-review/

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