PODCAST: Philip P. Arnold and Sandy Bigtree speak with Peter d'Errico [with transcript]

An Interview presented by the Indigenous Values Initiative

MAPPING THE DOCTRINE OF DISCOVERY: Johnson v. McIntosh and Federal Anti-Indian Law with Peter d’Errico

The goal of this Podcast is to help identify these systems of domination that have been sustained by greed and power, through the subjugation of human beings and the natural world.

Introduction

We begin this episode with a land acknowledgement. Our hosts Prof. Philip P. Arnold and Sandy Bigtree (Mohawk Nation), begin by introducing our guest Peter d’Errico. He is Professor Emeritus of Legal Studies at the University of Massachusetts, Amherst. He is a regular blogger, and frequent guest on the Red Thought series. Most recently, he is the author of Federal Anti-Indian Law: The Legal Entrapment of Indigenous People (New York: Bloomsbury, 2022).

He is a member of the New Mexico Bar and was a staff attorney at the Diné Legal Services. He has litigated indigenous land claims, fishing rights, and native spiritual freedom rights in prisons. He regularly presents online seminars about indigenous peoples’ legal issues at redthought.org and elsewhere, including National Endowment for the Humanities, and summer Institutes for Teachers on teaching Native American histories. D’Errico was prompted by JoDe Goudy, former chair of the Yakama Nation, to write this book. The book opens with a powerful personal reflection by d’Errico on his personal investment in the topic.

Bigtree and d’Errico begin the episode by telling their personal stories and how they came to work on dismantling the Doctrine of Discovery. These stories help to highlight how the personal, political, legal, cultural, and religious dimensions of life flow together and guide us toward our interests and investments. D’Errico concludes by saying he realized that because he is a human being and wants to support justice for all beings, he should be allied to and support Indigenous nations and peoples.

SHOW NOTES:

The Marshall Trilogy

The Church and Residential Schools

1790 Non-Intercourse Act

Papal Bulls

McGirt v. Oklahoma

Indian Child Welfare Act (ICWA)

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Credits

• Music: Onondaga Social Dance songs performed by Orris Edwards and Regis Cook

• Producers: Jordan Loewen-Colón and Adam DJ Brett

• Show notes: Adam DJ Brett

Citation

Philip P. Arnold and Sandra Bigtree, “S02E03 - Johnson v M’intosh and Federal Anti-Indian Law with Peter d’Errico,” Mapping the Doctrine of Discovery (Podcast), July 13, 2023. https://podcast.doctrineofdiscovery.org/season2/episode-03/.

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