Although often relegated to the shadows of our political system, Native rights remains at the forefront of our legal system. Remember, Native rights simply are human rights. So these cases are worth watching for the sake of securing the rights of us all.
Doctrines underscored in this course book are like lead balloons that weigh our system down and prevent us from elevating to our potential. Echo-Hawk argues these doctrines (discovery, conquest, etc.) should be discarded, modified, or replaced by ones more buoyant in a postcolonial world.
The cases you studied form, in significant part, the foundation of federal Indian law. These remain the law. These cases remain the law today and have never been reversed. And the Supreme Court continues to rely upon them as legal precedent for deciding Native American cases.
This means these cases serve as the body of law pertaining to American Indians and Alaska Natives that defines their bundle of political and legal rights as indigenous peoples, as well as the perception and treatments of natives themselves.
But, as with all precedent, it is vulnerable to change.
In this assignment, you will critically consider the current state of Indian affairs by exploring current cases before the courts. Beyond just finding these cases, you must critically consider what that case tells you is the current perception on Native rights and people.
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