Full Description
The central question of this book is when and how does indigeneity in its various iterations - cultural, social, political, economic, even genetic - matter in a legal sense? Indigeneity in the Courtroom focuses on the legal deployment of indigenous difference in US and Canadian courts in the late 20th and early 21st centuries. Through ethnographic and historical research, Hamilton traces dimensions of indigeneity through close readings of four legal cases, each of which raises important questions about law, culture, and the production of difference. She looks at the realm of law, seeking to understand how indigeneity is legally produced and to apprehend its broader political and economic implications.
Contents
1. Introduction: Tracking Indigeneity in the Courtroom 2. Banishment: Indigenous Justice and Indigenous Difference in Washington v. Roberts and Guthrie 3. Healing the Bishop: Consent and the Legal Erasure of Colonial History in R. v. O'Connor 4. Resettling Musqueam Park: Property, Culture, and Difference in Glass v. Musqueam Indian Band 5. Of Caucasoids and Kin: Kennewick Man, Race, and Genetic Indigeneity in Bonnichsen v. United States
