About this book:

*Contested Ground* provides a comprehensive analysis of the legal and political evolution of Indigenous sovereignty in the United States and Canada. The book begins by establishing that North America was a densely governed mosaic of Indigenous legal orders long before European contact. It then traces how colonial doctrines, such as the Doctrine of Discovery and the Royal Proclamation of 1763, created a bifurcated legal landscape where Indigenous nations were simultaneously recognized as prior occupants and subjected to the "plenary power" of settler states. Through pivotal developments like the Marshall Trilogy in the U.S. and the Indian Act in Canada, the text illustrates the systematic attempt to diminish tribal authority through policies of removal, allotment, and forced assimilation.

The middle section of the book shifts from dispossession to the era of reassertion and reserved rights. It highlights landmark judicial victories and modern treaties that protected usufructuary rights—such as hunting and fishing—and recognized the enduring nature of Aboriginal title. The authors examine the transition from paternalistic "termination" policies to contemporary frameworks of self-determination, emphasizing how Indigenous nations have utilized federal courts and comprehensive land claims to recover ancestral territories and rebuild tribal economies. Case studies on northern settlements like ANCSA and Nunavut further demonstrate how modern agreements blend corporate structures with public governance to secure Inuit and Alaska Native autonomy.

The final portion of the book addresses the modern "Land Back" movement and the intersection of sovereignty with contemporary environmental and social crises. The text explores the legal battlegrounds of energy corridors and sacred site protection, where the "duty to consult" and the international standard of "free, prior, and informed consent" (FPIC) are increasingly central. By analyzing the role of the UN Declaration on the Rights of Indigenous Peoples (UNDRIP), the authors show how international human rights norms are now being integrated into domestic legal strategies to challenge state overreach.

Ultimately, the book serves as both a historical record and a strategic toolbox for advocates. It argues that treaties are not static relics but living constitutional promises that encompass essential social infrastructure, including health, housing, and education. By synthesizing litigation, legislation, and community organizing, *Contested Ground* illustrates that the most durable gains in Indigenous sovereignty occur when legal expertise is paired with grassroots resilience. The work concludes that while the law has historically been a tool of dispossession, it remains a vital terrain for negotiation and principled reconciliation in the ongoing struggle for self-determination.

What You'll Find Inside:

• Examines how law has both dispossessed Indigenous nations and provided footholds for resistance across North America through treaties, statutes, and judicial decisions
• Traces legal foundations from the Doctrine of Discovery and Royal Proclamation of 1763 to the Marshall Trilogy and modern treaty-making processes
• Analyzes reserved rights like hunting and fishing, Aboriginal title in Canadian courts, and the evolving duty to consult and accommodate in resource development contexts
• Explores contemporary issues including energy corridors, sacred sites repatriation, northern settlements (ANCSA/Nunavut), and international law frameworks like UNDRIP
• Provides practical tools for advocates through case studies in negotiation/reconciliation and strategies for litigation, legislation, and community organizing

Who's It For:

This book is designed for law students, legal practitioners, Indigenous advocates, and policymakers seeking to understand the historical and contemporary legal landscape of Indigenous sovereignty in North America. It offers both a comprehensive map of legal doctrines and precedents for academic study and a practical toolbox of briefing templates, statutory pathways, and negotiation models for those working in the field.