⚡ Native American Legal Status

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Native American Legal Status



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Supreme Court deems half of Oklahoma a Native American reservation". John Wiley and Sons. ISBN Norman: University of Oklahoma Press. The Heartbeat of Wounded Knee. New York: River Head Brooks. University of Washington Press Seattle. American Indian Culture and Research Journal. South Dakota Law Review : — Archived from the original on McArthur; Thaddieus W. Conner; William A. Taggart Indigenous Policy Journal. Tulsa World. Atlas of The North American Indian. New York: Infobase, Net Industries. Jokers wild: legalized gambling in the twenty-first century.

New York: Greenwood Group, California Western Law Review 49 : — Online PDF. University of Washington Press; Paper edition. Idaho Business Review. Reference For Business. The New York Times. Park Place Entertainment, F. Law Justicia. Indian Country Today. Retrieved 18 January Rights of Native Americans in the United States. Johnson v. M'Intosh Cherokee Nation v. Georgia Worcester v. Georgia Fellows v. Blacksmith New York ex rel. Cutler v. Dibble Standing Bear v. Crook D. Wilkins Seneca Nation of Indians v.

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The Department of Native American Studies—one of the leading such programs in the nation—attracts and serves students of diverse backgrounds and academic interests who are committed to using distinctly Native American perspectives to place the sovereignty of Native nations and the cultures of Native peoples at the center of academic study. The Native American Studies curriculum is, at the same time, focused and flexible. Students work closely with faculty to combine areas of emphasis according to their own scholarly and professional goals. NAS offers three degree programs at the undergraduate and graduate levels as well as two graduate certificate programs.

Since then, nearly students have earned bachelor's degrees, with either a major or minor in NAS, and master's degrees. NAS Alumni have distinguished themselves in a wide range of careers some of which include: tribal government, law, health policy, filmmaking and media, historic preservation, language revitalization, and education. And significantly, we are representative of that diversity. Our faculty, staff, students, and alumni are both Native and non-Native. We represent federally recognized tribes, state-recognized tribes, and unrecognized tribes.

We are citizens of dozens of tribal political entities and are related through kinship and cultural practice to many, many more indigenous communities. Some among us are tribally enrolled citizens; others are not. This particular population also has a higher proportion of people living in poverty than the rest of the country, with Income and poverty are inextricably tied to employment opportunities, of which there are too few for Native Americans.

Native Americans have the highest unemployment rate 9. Bureau of Labor Statistics, In terms of recent trends in economic well-being, it is important to recognize the lasting effects of the economic recession of Native Americans saw declines in employment and income that were similar to other racial and ethnic groups; however, this population on average was in a more vulnerable financial condition than other groups at the beginning of the period. The unemployment rate for Native Americans spiked from 11 percent in to 18 percent in Pettit et al. In that same time period, Native Americans also experienced almost double the percentage increase in the poverty rate as other racial and ethnic groups did, with the largest increase observed in the West Pettit et al.

By the overall Native American unemployment rate had dropped to Education is a significant determinant of health for Native Americans, as the U. One of the most overt examples of this is the implementation of the boarding school system, which was designed with the purpose of eliminating students' tribal identity and facilitating assimilation into mainstream American culture Executive Office of the President, ; Shelton, Today, educational progress for Native Americans is far behind that of other racial and ethnic groups.

A report from the National Center for Education Statistics reveals that Native Americans have the highest high school dropout rate in the country, which was at In addition, Native Americans had the lowest high school completion rate in , which was at This disparity has serious implications for health inequities among Native Americans because the evidence demonstrates that there is a strong link between high school completion and health Cutler and Lleras-Muney, Since the civil rights movement in the s, there has been an emergence of grassroots educational institutions that seek to support tribal identity, address academic deficiencies, and resolve the lack of quality education experiences and sense of displacement among tribal students Crazy Bull, Research suggests that culturally relevant education increases the likelihood that a young Native American stays in school.

Currently, approximately 20, students attend tribal colleges and universities full time in the United States Crazy Bull, Housing conditions for Native Americans are a major consideration for health disparities, on and off of reservations. Housing affordability is a community-level factor that affects Native Americans' access to shelter. According to a recent U. Department of Housing and Urban Development report, from to roughly 4 out of 10 Native American households had excessive cost burdens, paying more than 30 percent of their income on housing Pettit et al.

This was comparable to households among other racial and ethnic groups; however, Native American households were more likely to be severely cost-burdened i. While home ownership rates in tribal areas were relatively high 67 percent in , the overall homeownership rate for Native Americans lagged behind that of other racial and ethnic groups, at 54 percent and 65 percent, respectively Pettit et al. Safe and healthy housing is a determinant of health to which many Native Americans do not have access.

For example, the U. Environmental Protection Agency reports that as of , there were more than , tribal homes lacking access to basic water sanitation EPA, , and the IHS reports that almost 1 in 10 Native American homes are without safe and reliable water Indian Health Service, It should also be noted that there are certain Native American communities that are particularly affected by the lack of quality housing i. Those living in extreme climate conditions, such as Alaska, are especially vulnerable to potential damages to their poor-quality housing caused by extreme weather.

Overcrowding in homes is an issue for Native Americans that research suggests is linked to the onset or exacerbation of many health problems. These health issues include respiratory conditions, the transmission of infectious diseases, child well-being i. From to , Native American households were much more likely to be overcrowded than all households in general, with 8. The highest incidence of overcrowding in Native American homes was in larger tribal areas, where 11 percent of households were overcrowded, compared with 3.

When examining overcrowding and its effects, it is important to recognize the cultural values and customs that shape household traditions in Native American communities. Whether Native Americans live in urban or rural areas has implications for the types of barriers and health disparities they face. The U. Racial misclassification is more of an issue for collecting mortality data on Native Americans in urban areas than those in rural areas because there is less awareness of Native American status off of reservations Jacobs-Wingo et al. This population reportedly has less access to hospitals, health clinics, or contract health services that are managed by the IHS and tribal health programs, but they may have greater access to other health care resources that reduce mortality HHS, ; Jacobs-Wingo et al.

This group of Native Americans must also face the lasting effects of the termination policies from the s, which lead to the coerced migration of many individuals and, in some cases, the breakdown of familial ties and social structures. Although the leading causes of death are similar between urban and rural Native Americans, death rates are generally higher among rural Native Americans Jacobs-Wingo et al. Furthermore, rural residence has been associated with later cancer stage diagnosis, inadequate cancer treatment, and increased cancer mortality Campbell et al.

Similar to the case for other racial and ethnic minority groups, Native Americans experience systematic differences in exposure to violence and interactions with the criminal justice system as compared to whites. The findings from the National Intimate Partner and Sexual Violence survey showed that relative to white women, Native American women are 1. In particular, violence against Native American women is being addressed as a major public health and public safety issue Crossland et al. In terms of the criminal justice system, Native Americans are arrested at 1. Furthermore, Native Americans are incarcerated and on parole at twice the rate that whites are Hartney and Vuong, Research suggests that, when convicted, Native Americans are often sentenced more harshly than white, African-American, and Hispanic offenders Franklin, Native American youth, specifically, are at an elevated risk for delinquency and incarceration.

The risk factors for delinquency can be directly linked to the social determinants of health. For example, Native American youth are more likely to live in poverty, drop out of school, and be exposed to violence than youth in the general population Rolnick, A report from the University of Wisconsin Population Health Institute on the Wisconsin juvenile justice system revealed that Native American youth were twice as likely to be arrested and almost twice as likely to be detained following arrest as white youth, with little change from — Lecoanet et al.

This disparity was found to be much higher in certain counties in Milwaukee Rolnick, The Indian Law and Order Commission reports that the federal and state juvenile justice systems incarcerate Native American youth and remove them from their families, reducing opportunities for positive contact with their communities and often contributing to trauma in this population Rolnick, The General Allotment Act of , Ch.

The Snyder Act of , Ch. Turn recording back on. National Center for Biotechnology Information , U. Search term. Role of Policies Over Time It is important to highlight the role of assimilation policies that began in the late s because these policies have had sustained effects on Native American communities and, ultimately, their health conditions. Health Care Services Unlike other racial and ethnic minority groups in the United States, Native Americans have legal rights to federal health care services.

Income and Wealth Native Americans are one of the most economically impoverished populations in the United States. Education Education is a significant determinant of health for Native Americans, as the U. Housing Housing conditions for Native Americans are a major consideration for health disparities, on and off of reservations. Living in Urban and Rural Places Whether Native Americans live in urban or rural areas has implications for the types of barriers and health disparities they face. Public Safety Similar to the case for other racial and ethnic minority groups, Native Americans experience systematic differences in exposure to violence and interactions with the criminal justice system as compared to whites.

Angel S, Bittschi B. Housing and health. Austin A. High unemployment means Native Americans are still waiting for an economic recovery. Bauman D, Floyd J. Indian tribal health systems governance and development: Issues and approaches.

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