Priceless Property

46 Pages Posted: 28 Mar 2012 Last revised: 6 Jun 2013

Kirsten Matoy Carlson

Wayne State University Law School

Date Written: March 28, 2012

Abstract

In 2011, the poorest Indians in the United States refused to accept over $1 billion dollars from the United States government. They reiterated their long held belief that money – even $1.3 billion dollars – could not compensate them for the taking of their beloved Black Hills. A closer look at the formation of the Sioux claim to the Black Hills helps us to understand why the Sioux Nation has repeatedly rejected over $1 billion dollars in compensation for land taken by the United States over 100 years ago. This article seeks to understand why the Sioux view the Black Hills as priceless by studying the formation of the Black Hills claim. It constructs a new, richer approach to understanding dispute formation by combining narrative analysis with the sociolegal framework for explaining dispute formation. The article argues that narratives enrich the naming, claiming, and blaming stages of dispute creation and illustrates the usefulness of this new approach through a case study of the Black Hills claim. It uses the autobiographical work of an ordinary Sioux woman to provide a narrative lens to the creation of the Sioux claim to the Black Hills. American Indian Stories by Zitkala-Sa presents a narrative of Sioux life around the time of the claims emergence. By contextualizing and humanizing the claim, my analysis provides insights into why the Sioux claim to the Black Hills emerged into a legal dispute and helps to explain why the Black Hills remain priceless property to the Sioux Nation today.

Suggested Citation

Carlson, Kirsten Matoy, Priceless Property (March 28, 2012). 29 Georgia State Univ. L. Rev. 685 (2013); Wayne State University Law School Research Paper No. 2012-03. Available at SSRN: https://ssrn.com/abstract=2030248 or http://dx.doi.org/10.2139/ssrn.2030248

Kirsten Matoy Carlson (Contact Author)

Wayne State University Law School ( email )

471 Palmer
Detroit, MI 48202
United States

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