American Indian history on trial : historical expertise in tribal litigation

Hart, E. Richard, author
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  • Creator E. Richard Hart
  • Format Books
  • Publication Salt Lake City : The University of Utah Press, [2018]
  • Physical Details
    • xi, 339 pages ; 24 cm
  • ISBNs 1607815958, 9781607815952
  • OCLC ocn990288670


  • "Drawing from forty-five years of experience, E. Richard Hart elucidates the use of history as expert testimony in American Indian tribal litigation. Such lawsuits deal with aboriginal territory; hunting, fishing, and plant gathering rights; reservation boundaries; water rights; federal recognition; and other questions that have a historical basis. The methodology necessary to assemble successful expert testimony for tribes is complex and demanding and the legal cases have serious implications for many thousands of people, perhaps for generations. Hart, a historian who has testified in cases that have resulted in roughly a billion dollars in judgments, uses specific cases to explain at length what kind of historical research and documentation is necessary for tribes seeking to protect and claim their rights under United States law. He demonstrates the legal questions that Native Americans face by exploring the cultural history and legal struggles of six Indian nations. He recounts how these were addressed by expert testimony, grounded in thorough historical understanding, research, and argumentation. The case studies focus on the Wenatchi, Coeur d'Alene, Hualapai, Amah Mutsun, Klamath, and Zuni peoples but address issues relevant to many American tribes"--


  • Includes bibliographical references and index.


  • Coeur d'Alene : introduction -- Ownership of Coeur d'Alene Lake : tribal sovereignty and the Equal Footing Doctrine -- The Dawes Act and the permanency of executive-order reservations -- Coeur d'Alene : postscript -- Wenatchi : introduction -- The history of the Wenatchi fishing reservation -- Wenatchi : postscript -- Amah Mutsun : introduction -- Federal recognition of Native American tribes : the case of California's Amah Mutsun of Mission San Juan Bautista -- Amah Mutsun : postscript -- Hualapai : introduction -- The western boundary of the Hualapai Indian Reservation -- Hualapai : postscript -- Water history and Native Americans -- The adjudication of three tribes' water rights
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