Federal Anti-Indian Law now in paperback!

The Legal Entrapment of Indigenous Peoples

Federal Anti-Indian Law: The Legal Entrapment of Indigenous Peoples, published hardcover by Praeger, September 2022, is now (April 2024) also in paperback from Bloomsbury Publishing.

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Bloomsbury describes the book this way:

Telling the crucial and under-studied story of the U.S. legal doctrines that underpin the dispossession and domination of Indigenous peoples, this book enhances global Indigenous movements for self-determination.

In this wide-ranging historical study of federal Indian law — the field of U.S. law related to Native peoples — attorney and educator Peter P. d'Errico argues that the U.S. government's assertion of absolute prerogative and unlimited authority over Native peoples and their lands is actually a suspension of law.

Combining a deep theoretical analysis of the law with a historical examination of its roots in Christian civilization, d'Errico presents a close reading of foundational legal cases and raises the possibility of revoking the doctrine of domination. The book's larger context is the increasing frequency of Indigenous conflicts with nation-states around the world as ecological crises caused by industrial extraction impinge drastically on Indigenous peoples' existences. D'Errico rethinks the role of law in the global order — imagining an Indigenous nomos of the earth, an order arising from peoples and places rather than the existing hegemony of states.

Table of Contents

Preface: Seeing between Worlds
Acknowledgments
Introduction: The Plan of the Book
Chapter 1 Learning in Navajoland
Chapter 2 "Indians"
Chapter 3 Federal Anti-Indian Law
Chapter 4 The Domination Matrix
Chapter 5 Revoking Christian Discovery Doctrine
Chapter 6 Federal Anti-Indian Law in the Classroom
Chapter 7 Call to Consciousness
Notes
Index

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REVIEWS

• Gregory Gagnon, Professor Emeritus, Loyola University College of Law {in Choice: Current Reviews of Academic Libraries}:

This work is a tour de force: provocative and overflowing with insights, examples, and thoughtful interpretations. Summing Up: Highly recommended. Advanced undergraduates through faculty and practitioners.

• Robert James Miller, Professor, College of Law, Arizona State University:

This book covers an enormous area of historical and modern-day federal Indian law, which the author calls ANTI-Indian law. Like an iconoclast in the truest sense of the word, d'Errico attacks the colonial foundations of Indian law and challenges professors, historians, Indian nations' leaders, and tribal attorneys to stop relying on Supreme Court case law that is built on disastrous premises and instead to resist and reverse these foundational principles.

• Robert Maxim II (Mashpee Wampanoag), Senior Research Associate, Brookings Institution:

Many Americans have never heard of the Christian Doctrine of Discovery or understood how the federal government retains nearly unlimited authority over Native lands and nations. Professor d'Errico explains how, even today, Indigenous Peoples in the United States live under an 'exception' to U.S. law — an eye-opening revelation for many readers. Federal Anti-Indian Law is an accessible read that reveals the interplay of law with history and should not be limited to legal classrooms — it's an important and enlightening book for all people, Indigenous and non-Indigenous alike.

• Steven T. Newcomb (Shawnee / Lenape), Director, Indigenous Law Institute, and author of Pagans in the Promised Land: Decoding the Doctrine of Christian Discovery:

Federal Anti-Indian Law is a paradigm-shattering work. Professor d'Errico has spent decades teaching, studying, and reflecting upon the system of ideas the U.S. government has used to establish its claim of a right of domination over the original nations and peoples of the continent.

• Sarah W. Barlow, Retired Attorney, Albuquerque, NM:

Federal Anti-Indian Law is a gut-wrenching analysis. My whole career grappled with the contradictions d'Errico illuminates and dissects. One finally comes to understand Louise Erdrich's rotten noodles metaphor for U.S. laws that dominate Indigenous Peoples.

• Kent McNeil, Distinguished Research Professor Emeritus, Osgoode Hall Law School, York University, Toronto:

In this ground-breaking work, d'Errico launches a frontal attack on the whole field of American law pertaining to Indigenous Peoples. He exposes not only the racism, but also the Christian discovery roots of federal domination of the Indian nations, and then goes beyond criticism, offering a way out of this unacceptable situation. This book is a must-read for anyone wanting to understand American history and the questionable basis for U.S. sovereignty.

• Lisa Brooks, Henry S.Poler '59 Presidential Teaching Professor of English and American Studies, Amherst College, Author of Our Beloved Kin: A New History of King Philip’s War:

Covering nearly every influential legislative act, legal decision and federal policy, Peter d’Errico does not take a “bird’s eye view” of U.S. Indian law, but brings us down to the ground, revealing a vast, long and lucid view of the quagmire of “anti-Indian law,” a system designed to dispossess and dominate, which rests on the ancient foundation of the Christian doctrine of discovery. Under his acute analysis, and with engaged storytelling, the shaky foundation beneath the system gives way, opening more sustainable paths to a just future.

• JoDe Goudy (Yakama Nation), Owner, Redthought.org:

Federal Anti-Indian Law provides a significant contribution in establishing a proper context in which to engage in the exercise of identity. Governmental representation at all levels, academia at all levels, and anyone who “cares” about the Original Free Nations and Peoples of this land should have a better understanding of who these nations and peoples are and where they come from. Where are we all going? is the real question. This book represents a contribution of the type of “truthful” and “respectful” communication that is absolutely necessary to know where the future will collectively lead us.

• Krg, a reader review on goodreads:

This book is not easy reading, as it covers a lot of legal concepts and case law. But I think it was the most important book I've read in a long time. I didn't realize the messy and immoral morass that passes as Federal Indian Law in this country. Our modern laws are based on the medieval Christian Doctrine of Discovery, which claim that the US owns all native lands because the native inhabitants were/are heathen. Even today, most of our land rights laws for indigenous peoples are based on 19th century decisions that are based on this medieval "pretension." Congress can do whatever they want (think logging, mining, selling, burying nuclear waste, etc.) to native lands because the US holds title; the native peoples are only tenants. It's appalling and I was completely unaware of this history and how it has played out in the modern day. I'll bet you never learned this in school either! My eyes have been opened and I hope to never close them again to this situation.

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FIND THE BOOK IN A LIBRARY:

WorldCat reports 293 libraries holding the book (as of March 2024).