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The “Middle Ground” Perspective on the Expropriation of Indian Lands

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Abstract:

In How the Indians Lost Their Land, Law and Power on the Frontier (2005), Stuart Banner weaves together a perceptive interpretation of the historical record, with a novel economic analysis of conflicts, to create a sophisticated narrative of the process by which European colonists took control of the lands that now comprise the United States. Banner's view of expropriation falls somewhere between the parsimony of an economic model and the richness of a traditional historical account. It forms part of a growing trend to focus on finding positive facts about the taking of Indian lands, as opposed to making normative judgments.

Document Type: Research Article

DOI: http://dx.doi.org/10.1111/j.1747-4469.2008.00123.x

Affiliations: William & Mary Law School

Publication date: September 1, 2008

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