Hollow Justice
Author
: DAVID E. WILKINS
Subject
: Indians of North America—Claims, constitutional law
Publisher
: Yale University Press
Summary :In the fall of 1980 I arrived in Tucson, Arizona, excited to be embarking
on a master’s degree in federal Indian policy, under the auspices of
the Political Science Department at the University of Arizona. The
program, the first of its kind in the nation, had been developed by that
singular indigenous figure Vine Deloria, Jr. I quickly discovered that
Deloria and his political science colleagues had designed a curriculum
that was equal parts politics, policy, law, and history. In each
class he taught, Deloria emphasized that students needed a deep,
unvarnished, and unrelenting immersion in each of these broad and
interrelated areas in order to understand the contemporary status of
indigenous nations.
He stressed that a new kind of academic was being groomed by
this unique program: the policy specialist. This person, after taking a
bevy of seminars and regular courses offered by Deloria, Clifford M.
Lytle, Thomas Holm, Robert K. Thomas, and others—including, for
example, Development of Federal Indian Policy (a two-part course
spread over two semesters), Congress and the American Indian,
American Indians and the Supreme Court, Tribal Government,
Indian Water Rights, Indian Treaties—would be capable of conducting
research, analyzing data, and preparing reports or testimony on Native
land disputes, boundary problems, hunting and fishing rights cases,
treaty rights, intergovernmental conflicts and would be effective in the
classroom as well.
Deloria had several degrees, including a law degree. Early in his
career he opted not to become a full-time lawyer. Instead, he liberally
critiqued the discipline’s practitioners and doctrines and wrote
searching reviews of leading casebooks, while teaching a number of
law-related courses at several of the universities with which he was affiliated over the years. Well aware of the powerful position of law in
American society, and in the way it has been used to contour the
status of Native nations, their citizens, and indigenous relations with
the federal and state governments, Deloria teamed up with Clifford
Lytle, a constitutional law expert in the Political Science Department
at Arizona in the early 1980s; together they wrote two major and
well-received books.
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