Like a Loaded Weapon: The Rehnquist Court, Indian Rights, and the Legal History of Racism in America

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Robert Williams Jr.

Like a Loaded Weapon

The Rehnquist Court, Indian Rights, and the Legal History of Racism in America

Robert Williams Jr.

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English

University of Minnesota Press
10 November 2005

History of the Americas; Social & cultural history; Indigenous peoples; Legal history; Courts & procedure

Series: Indigenous Americas

Robert A. Williams Jr. boldly exposes the ongoing legal force of the racist language directed at Indians in American society. Fueled by well-known negative racial stereotypes of Indian savagery and cultural inferiority, this language, Williams contends, has functioned “like a loaded weapon” in the Supreme Court’s Indian law decisions.

Beginning with Chief Justice John Marshall’s foundational opinions in the early nineteenth century and continuing today in the judgments of the Rehnquist Court, Williams shows how undeniably racist language and precedent are still used in Indian law to justify the denial of important rights of property, self-government, and cultural survival to Indians. Building on the insights of Malcolm X, Thurgood Marshall, and Frantz Fanon, Williams argues that racist language has been employed by the courts to legalize a uniquely American form of racial dictatorship over Indian tribes by the U.S. government.

Williams concludes with a revolutionary proposal for reimagining the rights of American Indians in international law, as well as strategies for compelling the current Supreme Court to confront the racist origins of Indian law and for challenging bigoted ways of talking, thinking, and writing about American Indians.

Robert A. Williams Jr. is professor of law and American Indian studies at the James E. Rogers College of Law, University of Arizona. A member of the Lumbee Indian Tribe, he is author of The American Indian in Western Legal Thought: The Discourses of Conquest and coauthor of Federal Indian Law.

By: Robert Williams Jr.
Imprint: University of Minnesota Press
Country of Publication: United States
Dimensions: Height: 229mm, Width: 149mm, Spine: 18mm
Weight: 404g
ISBN: 9780816647101
ISBN 10: 0816647100
Series: Indigenous Americas
Pages: 312
Publication Date: 10 November 2005
Audience: College/higher education , Primary
Format: Paperback
Publisher's Status: Active

Robert A. Williams Jr. is professor of law and American Indian studies at the James E. Rogers College of Law, University of Arizona. A member of the Lumbee Indian Tribe, he is author of The American Indian in Western Legal Thought: The Discourses of Conquest and coauthor of Federal Indian Law.