BROW004. Brownell, Margo S. “Note: Who is an Indian? Searching for an answer to the question at the core of federal Indian law.” University of Michigan Journal of Law Reform 34 (Fall 2000/Winter 2001): 275- . 25,123 words.

Publication type: Journal article

Electronic access: LEXIS-NEXIS Academic Universe

Brief mention. For readers primarily interested in the Lumbee, the article provides a quotation from Cynthia Hunt (p. 275); discussions of the Indian Reorganization Act (IRA) of 1934, with statements from Felix S. Cohen's 1935 memorandum to John Collier on how the act might apply to the Siouan Indians of North Carolina (pp. 286-288); a brief description of anthropologist Carl C. Seltzer's “tests” which determined that 22 of 209 Siouan Indians were 1/2 or more Indian blood (pp. 289-290); and a brief overview of the Lumbee as state-recognized Indians, some of their efforts to obtain federal recognition, and some of the objections they've faced (pp. 304-306).

More broadly, this article notes that “. . . federal legislation contains over thirty-three different definitions of the term 'Indian'” (p. 279) and that “Legislation and regulations dealing with 'Indians' generally fall into one of three categories: (1) those that use definitions based on blood quantum; (2) those that use definitions based on tribal status; and (3) those lacking any definition at all” (p. 279). The article provides useful analysis and historical details on all three categories.

This annotation was written on: January 3, 2002; last edited on June 17, 2002.

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