Re: Dominant Society Justice

Catherine M. Haines (chaines@mail.utexas.edu)
Wed, 2 Nov 1994 07:20:02 +0500


>Original Sender: infi.net!jsd (Dick Shovel, Ltd.)
> The consensus re "Can a legal doctrine traceable to prejudice
>against Indian people serve as a vehicle for achieving justice between
>Indian tribes and the dominant society in the United States?", so far leans

I am by no means an expert on Federal Indian law(I'm a student) but I do
think that it is inevitable that all policy, whatever the motives, is based
on prejudice and erroneous assertions mostly because of widespread
ignorance and self-interest. Very few policymakers have any understanding
of what the trust doctrine means. Because of the basic problem in
understanding the nature of trust responsibilities and that tribes retain
inherent sovereignty stemming from the people rather than Congressional
action, all policy is based on fundamental misconceptions. I do think that
some of the self-determination policies are a step in the right direction
in that they are trying to avoid past destruction of the tribal entity. The
question is what will the next administrtion do?

Cathy Haines(the non-expert, non-Indian)