A Third Way: Decolonizing the Laws of Indigenous Cultural Protection

In A Third Way, Hillary Hoffmann and Monte Mills detail the history, context, and future of the ongoing legal fight to protect indigenous cultures. At the federal level, this fight is shaped by the assumptions that led to current federal cultural protection laws, which many tribes and their allies are now reframing to better meet their cultural and sovereign priorities. At the state level, centuries of antipathy toward tribes are beginning to give way to collaborative and cooperative efforts that better reflect indigenous interests. Most critically, tribes themselves are building laws and legal structures that reflect and invigorate their own cultural values. Taken together, and evidenced by the recent worldwide support for indigenous cultural movements, events of the last decade signal a new era for indigenous cultural protection. This important work should be read by anyone interested in the legal reforms that will guide progress toward that future.

Table of Contents:
Preface; 1. Legal history and foundations; 2. The jurisdictional framework of the second way, and the Cherokee diaspora; 3. Religious freedom, the value of sacred places, and the price of cultural ignorance; 4. Clashing values, the Blackfeet, and a measure of success in the 'Badger-Two'; 5. Federal cultural protection statutes: products of a dark history; 6. Tribal laws: the embodiment of the third way; 7. Both ends of the spectrum, and everything in between: state and local governments and indigenous cultures; 8. Indigenous cultures and intellectual property; 9. A 'third way' for the future.

About the Author :
Hillary Hoffmann is Professor of Law, Vermont Law School. She has fifteen years of experience in the field of federal Indian law, representing tribal clients in private practice. Along with teaching and writing on tribal cultural preservation, she has also testified in Congress on a variety of related topics. Monte Mills is Associate Professor and Co-Director of the Margery Hunter Brown Indian Law Clinic at the Alexander Blewett III School of Law, University of Montana. He has sixteen years of experience working for, with, and on behalf of Indian tribes as general and in-house counsel.

Review :
'I couldn't put this down. A Third Way is a refreshing, powerful, and inspirational work because Hoffmann and Mills acknowledge tribal agency. Indians and tribes are not passive observers to federal, state, and business interests carving up America. They are active policy makers, not mere stakeholders seeking a voice, not mere victims lamenting the past. Indians and tribes tend to see the universe in terms of balance, not the zero-sum competition that dominates American politics. We should all hope Indians and tribes succeed because this philosophy is all about our collective futures.' Matthew L.M. Fletcher, Director of the Indigenous Law & Policy Center, Michigan State University 'Indian tribes have pulled themselves up from the oppressive policies of the past. There are many monuments to that – court decisions, tribally-driven federal statutes, and the truly substantial sovereign Native governments that govern the reservations today. A Third Way gives deep, unprecedented insight into modern Indian country by brightly recounting some of the innumerable stories of how individual tribes have made lasting advances in protecting specific, beloved places. This book captures the inspiring spirit of Indian country today as well or better than any other source.' Charles Wilkinson, Distinguished Professor Emeritus, University of Colorado, and author of Blood Struggle: The Rise of Modern Indian Nations 'Through a careful exploration of legal history and contemporary case studies, Hoffmann and Mills demonstrate how the US legal system has authorized and often encouraged the destruction of indigenous cultures. The authors also chart a new pathway for the future: one in which Indigenous cultural values help to drive public policy by providing an actual 'measure of comfortable justice,' not just for Indigenous peoples, but for all Americans.' Rebecca Tsosie, Regents Professor of Law, University of Arizona