Zuni and the Courts

E. Richard Hart is executive director of the Institute of the NorthAmerican West in Seattle. He testified for the Zuni in the land claim cases and has also served as an expert witness on behalf of several other tribes. He is author of editor of six books including A Zuni Atlas (with T.J. Ferguson).

List of Tables and Figures Preface, Governor Robert E. Lewis Acknowledgments Introduction, E. Richard Hart Part One: Aboriginal Claims (Zuni 1-Docket 16179L) 1. Zuni Archaeology and Culture History, T.J. Ferguson 2. Historic Zuni Land Use, E. Richard Hart 3. Zuni Oral Tradition and History, Triloki Nath Pandey 4. Zuni History and Anthropology, Fred Eggan 5. Values of Zuni Oral History, Floyd A. O'Neil 6. Zuni's Royal Contract with Spain, Ward Alan Minge 7. New Mexican Reducciones, Ward Alan Minge 8. Zuni History During the Early U.S. Period, Myra Ellen Jenkins 9. The Zuni Indians Under the Laws of Spain, Mexico, and the United States, S. Lyman Tyler 10. Zuni Relations with the United States and the Zuni Land Claim, E. Richard Hart 11. The Zuni Land Claim Victory, E. Richard Hart Part Two: Damages to Zuni Trust Lands (Zuni 2-Dockets 32781L and 22484L) 12. The Zuni Land Conservation Act of 1990, E. Richard Hart 13. An Anthropological Perspective on Zuni Land Use, T.J. Ferguson 14. Problems of Land Use Within a Portion of the Zuni Land Claim Area, John O. Baxter 15. Recapturing the Landscape: Use of U.S. Government Surveys in Zuni Land Claims Research, Ronald L. Stauber 16. Dendrochronological Dating of Alluvial Deposition and Erosion in the Zuni Area, Jeffrey S. Dean 17. Recovering the Remembered Past: Folklore and Oral History in the Zuni Trust Lands Damages Case, Andrew Wiget 18. Changing Meanings of Arroyo, Samuel C. Monson Part Three: The Barefoot Trail (Unites States v. Platt) 19. Protection of Kolhu/wala:wa ("Zuni Heaven"): Litigation and Legislation, E. Richard Hart 20. The Sacred Trail to Zuni Heaven: A Study in the Law of Prescriptive Easements, Hank Meshorer Postscripts 21. The Zuni Claims Cases, Stephen G. Boyden 22. The Zuni Land Case: A Personal Reminiscence, Floyd A. O'Neil 23. Achieving True Interpretation, Edmund J. Ladd 24. Afterword, E. Richard Hart Appendices A. Findings of the United States Claims Commission, Docket 16179L, Aboriginal Area B. Findings of the United States Claims Commission, Docket 16179L, Taking Dates C. The Zuni Land Conservation Act of 1990 D. Plan for Use of Judgment Funds, Docket 16179L E. The Zuni Resource Development Plan: Executive Summary and Foreword F. A Partial Listing of Expert Reports and Depositions in the Zuni Claims Litigation About the Contributors Index

"Will serve as a model for other tribes to follow in their legal actions."-Journal of the West "This book serves as a model for those seeking court action in land claims litigation. Not only is it a legal blueprint for a trial preparation, it also makes important contributions to the field of Indian history and to the social sciences."-Western Historical Quarterly "The book provides a basic survey of Zuni history, of the tribe's relations with successive Spanish, Mexican, and American governments, and of its legal struggle to affirm its land rights. Specialists will appreciate the book's broad approach."-American Indian Quarterly "This book contains a wealth of information on the Zuni and provides a wonderful example of how an interdisciplinary team of academics can put their knowledge to use on real world problems confronting real people. This is a primer of how to do Indian rights litigation the 'right way,' with the careful preparation of testimony and evidence, choosing the right expert witnesses, and putting the information to effective use at trial."-Robert A. Williams, Jr., author of The American Indian in Western Legal Thought "A significant contribution to the fields of Indian history, jurisprudence, and anthropology. It may well become the prime example of how to proceed in court actions involving Native Americans, aboriginal use, and ownership."-Robert W. Delaney, author of Ute Mountain Utes and Southern Ute People