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Created: July 27, 2003
Latest Update: February 11, 2005
jeannecurran@habermas.org
takata@uwp.edu

CRMJ/SOCA 352: Law and Social Change

You will be held accountable for purposes of grading for the readings and exercises listed here. There will be no "testing." That means that you will not have to live in anxious anticipation of what we will ask and how much you will have to know. Instead, we will provide weekly discussion questions, lectures, essays, and concepts we feel that you should know as a result of having taken this course. You will assure us of that learning and receive your grade for the questions and concepts about which you choose to write and talk with us. In addition you will find detailed explanations and examples on our grading policies in the first week's reading.

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Week 5: Week of February 13, 2005

Topic: Critical Race Theory and American Indians

Special Announcement:

Preparatory Readings:

• Arrigo. Social Justice/Criminal Justice, Chapters 9.
• Mann and Zatz. Images of Color, Images of Crime, Chapters 2 and 7.
• Video: "Incident at Oglala" (to be shown in class).
  
  

  Lecture related links:

  
  --- Critical Race Theory
  --- Martha Minow. Making All the Difference: Exclusion, Inclusion and American Law. Check out this link Martha Minow on the Dear Habermas site.
  
  
  

  Concepts to be covered:

  
  
  • American Indian v. Native American
  • the reservation Indian v. the urban Indian
  • Wounded Knee
  • Bureau of Indian Affairs (BIA)
  • American Indian Movement (AIM)
  • critical race theory (CRT)
  • critical legal theory (CLS)
  • interracial crime
  • racial hoaxes
  
  

  Discussion Questions:

  Note: Be sure to incorporate the documentary, "Incident at Oglala" into your discussion question answers.

  1. Think about your own view of what you have been taught about Indians. Did this reading prompt you to consider any views you have held about Indians? If so, how? (M&Z, p. 27, Q.2).

  2. What are some factors that led to a change in attitude toward Indians? Was the change lasting or substantial? Explain. (M&Z, p. 27, Q.5).

  3. How were stereotypes incorporated into the media's coverage of law suits and legislation? (M&Z, p. 70, Q.3) .

  4. Briefly list the strengths and weaknesses of critical race theory as they relate to this week's readings on American Indians?

  5. Select one issue in criminal justice dealing with the American Indian and state how critical race analysis would be useful. Why?
  
  

  Suggested Creative Measures:

  
  
  • Read one of the recommended books listed below on the American Indian. Email me a brief book review.
  • Examine how stereotypes and the stereotyping of the American Indian has changed from the past to present day.
  • Compare and contrast the life experiences of the reservation Indian and the urban Indian.
  • Trace either prime time television or movie images of the American Indian from past to present.
  • Examine the legal case of Leonard Peltier, Dennis Banks or other American Indian leaders.
  • Examine the controversy behind American Indian mascots and logos.
  • Research the development and proliferation of Indian gaming casinos. Has that helped or hurt today's American Indians.
  • Explore the Indian gaming and fishing rights and treaties in the State of Wisconsin.
  • Trace the creation and development of AIM.
    
    
  • Note: All creative measures: 1) Must relate to "law and social change." 2) Must be pre-approved. 3) Cannot be something that you are doing for another course. 4) Research cannot be 100% online (i.e., google, askjeeves). Must conduct library research using scholarly works, (not the popular press -- Time Magazine, Newsweek, Sports Illustrated).
  
  

  Recommended Readings:

  
  
  • Leonard Peltier. Prison Writings.
  • Dee Brown. Bury My Heart at Wounded Knee.
  • Mary Crow Dog. Lakota Woman.
  • Nancy Lurie. Mountain Wolf Woman.
  • Paula Gunn Allen. The Sacred Hoop: Recovering the Feminine in American Indian Culture.
  • Gregory Michno. Lakota Noon: The Indian Narrative of Custer's Defeat.
    
    
  • Jurgen Habermas. Between Facts and Norms.
  • Martha Minow. Making All the Difference: Inclusion, Exclusion and American Law.

• Course Syllabus
  
  
• Links to the Sociology of Law Handbook readings
  -- Introduction
  -- Chapter 1, part 1
  -- Chapter 1, part 2
  -- Chapter 2

takata@uwp.edu