A Third Way
Decolonizing the Laws of Indigenous Cultural Protection

This thorough legal resource guides those pushing the frontlines of the nation's oldest battle: the fight to protect indigenous cultures.

Hillary M. Hoffmann (Author), Monte Mills (Author)

9781108710923, Cambridge University Press

Paperback / softback, published 23 July 2020

174 pages, 6 b/w illus.
22.8 x 15.2 x 1 cm, 0.27 kg

'Through a careful exploration of legal history and contemporary case studies, Hoffmann and Mills demonstrate how the US legal system has authorized and often encouraged the destruction of indigenous cultures. The authors also chart a new pathway for the future: one in which Indigenous cultural values help to drive public policy by providing an actual 'measure of comfortable justice,' not just for Indigenous peoples, but for all Americans.' Rebecca Tsosie, Regents Professor of Law, University of Arizona

In A Third Way, Hillary Hoffmann and Monte Mills detail the history, context, and future of the ongoing legal fight to protect indigenous cultures. At the federal level, this fight is shaped by the assumptions that led to current federal cultural protection laws, which many tribes and their allies are now reframing to better meet their cultural and sovereign priorities. At the state level, centuries of antipathy toward tribes are beginning to give way to collaborative and cooperative efforts that better reflect indigenous interests. Most critically, tribes themselves are building laws and legal structures that reflect and invigorate their own cultural values. Taken together, and evidenced by the recent worldwide support for indigenous cultural movements, events of the last decade signal a new era for indigenous cultural protection. This important work should be read by anyone interested in the legal reforms that will guide progress toward that future.

Preface
1. Legal history and foundations
2. The jurisdictional framework of the second way, and the Cherokee diaspora
3. Religious freedom, the value of sacred places, and the price of cultural ignorance
4. Clashing values, the Blackfeet, and a measure of success in the 'Badger-Two'
5. Federal cultural protection statutes: products of a dark history
6. Tribal laws: the embodiment of the third way
7. Both ends of the spectrum, and everything in between: state and local governments and indigenous cultures
8. Indigenous cultures and intellectual property
9. A 'third way' for the future.

Subject Areas: Nature Conservation law [LNKN], Environment law [LNKJ], Human rights & civil liberties law [LNDC], International environmental law [LBBP], Constitution: government & the state [JPHC], Politics & government [JP], Indigenous peoples [JFSL9]