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13 - Federal Indian Law

Implicit Bias against Native Peoples as Sovereigns

Published online by Cambridge University Press:  05 June 2012

Justin D. Levinson
Affiliation:
University of Hawaii, School of Law
Robert J. Smith
Affiliation:
University of North Carolina, School of Law
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Summary

In the midst of a contentious political debate about Native Hawaiian sovereignty, former Hawaiʿi governor Linda Lingle implored the U.S. Senate to reject the “Akaka Bill,” proposed legislation designed to restore a small measure of self-governance to the Native Hawaiian people. In short, the bill would facilitate the formal recognition of Native Hawaiians as a self-governing Native community, bringing their political and legal status roughly on par with that of other Native peoples in the United States. Lingle based her opposition, in part, on the unfounded assumption that a Native Hawaiian government with self-governing powers similar to those possessed by Native American and Native Alaskan governments would exercise those powers “in a way that is inconsistent with State criminal statutes otherwise applicable to all citizens, and inconsistent with virtually every conceivable state law that serves to protect the public.” She also maintained that restoring Native Hawaiian self-governance would require the state to develop a plan to “enforce its interests against unlawful or irresponsible actions by the [Native Hawaiian] governing entity or its elected leaders or employees.” Although the public will probably never know the extent to which Lingle's opposition stymied the bill's progress, her opposition is significant because it highlights a pernicious process that functions to dispossess Native peoples of land, resources, and governing authority.

This process began nearly two centuries ago when European Americans began using U.S. law and legal discourse to justify the appropriation of Native lands, resources, and governing authority. To legitimize the dispossession, European Americans stereotyped Native peoples as a foreign race of savages who lacked the requisite knowledge and industry to exercise full sovereignty. Reinforced by literature and media, the image of Native peoples as “nothing more than wandering hordes, held together only by ties of blood and habit, and having neither laws or government, beyond what is required in a savage state,” came to dominate. Within a few generations, this negative stereotype became an unquestioned assumption that formed the basis of contemporary implicit bias against Native peoples.

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Publisher: Cambridge University Press
Print publication year: 2012

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References

Krieger, Linda HamiltonThe Content of Our Categories: A Cognitive Bias Approach to Discrimination and Equal Employment Opportunity 47 1995
Greenwald, Anthony G.Krieger, Linda HamiltonImplicit Bias: Scientific Foundations 94 2006
Kang, JerryTrojan Horses of Race 118 2005
Levinson, Justin D.Forgotten Racial Equality: Implicit Bias, Decisionmaking, and Misremembering 57 2007
Kang, JerryBanaji, Mahzarin R.Fair Measures: A Behavioral Realist Revision of “Affirmative Action 94 2006
Blasi, GaryAdvocacy Against the Stereotype: Lessons from Cognitive Social Psychology 49 2002
Jolls, ChristineSunstein, Cass R.The Law of Implicit Bias 94 2006
Krieger, Linda HamiltonFiske, Susan T.Behavioral Realism in Employment Discrimination Law: Implicit Bias and Disparate Treatment 94 2006
Lane, Kristin A.Implicit Social Cognition and Law 3 2007
Milloy, Courtland 2011
Berger, Bethany R.Red: Racism and the American Indian 56 2009
Goldberg, CaroleDescent into Race 49 2002
Williams, Robert A.Documents of Barbarism: The Contemporary Legacy of European Racism and Colonialism in the Narrative Traditions of Federal Indian Law 31 1989
Coffey, WallaceTsosie, RebeccaRethinking the Tribal Sovereignty Doctrine: Cultural Sovereignty and the Collective Future of Indian Nations 12 2001
Nosek, BrianPervasiveness and Correlates of Implicit Attitudes and Stereotypes 18 2007
1856
Yamamoto, Eric K.Betts, Catherine Corpus 2008
2010
Lobsenz, James E.“Dependent Indian Communities”: A Search for a Twentieth Century Definition 24 1982
1989
Kim-Prieto, ChuEffect of Exposure to an American Indian Mascot on the Tendency to Stereotype a Different Minority Group 40 2010
Werhun, Cherie D.Penner, April J.The Effects of Stereotyping and Implicit Theory on Benevolent Prejudice Toward Aboriginal Canadians 40 2010
Bargh, John A.Automaticity of Social Behavior: Direct Effects of Trait Construct and Stereotype Activation on Action 71 1996
2004
2004
Church, Catholic 1998
Johnson, Kim ChandlerEck, John TerrenceEliminating Indian Stereotypes from American Society: Causes and Legal and Societal Solutions 20 1995
Goff, Phillip AtibaNot Yet Human: Implicit Knowledge, Historical Dehumanization, and Contemporary Consequences 94 2008PubMed
McNally, Jess 2010
Eid, Troy A.Doyle, Carrie CovingtonSeparate but Unequal: The Federal Criminal Justice System in Indian Country 81 2010
Fryberg, Stephanie A.Of Warrior Chiefs and Indian Princesses: The Psychological Consequences of American Indian Mascots 30 2008
Valencia-Weber, GloriaThomas, Sherri NicoleWhen the State Bar Exam Embraces Indian Law: Teaching Experiences and Observations 82 2006
Galanda, Gabriel S. 2006
Yamamoto, Eric K.Obrey, Ashley KaiaoReframing Redress: A “Social Healing Through Justice” Approach to United States–Native Hawaiian and Japan–Ainu Reconciliation Initiatives 16 2009

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