Law Commons^™

Returning Power To The Mashpee Wampanoag Tribe: Energy Policy And Tribal Autonomy, Nicolas Land-Kazlauskas

Capstone Collection

This policy brief addresses tribal autonomy, energy policy, and the resources of the Mashpee Wampanoag Tribe in Massachusetts. Tribal sovereignty has been a difficult and often painful area of discussion for many tribal communities. For generations, tribes have had to carefully navigate their interactions with colonial forces and the residues of colonialist legacies, especially tied to resource wealth and decision-making. Even with the best of efforts by the tribe, their actions often have not impacted the basic legal or economic situations on-the-ground. Their on-going relationships with states and companies continue to undermine tribal autonomy and sovereignty oftentimes simply because they …

The Guthi System Of Nepal, Tucker Scott

Independent Study Project (ISP) Collection

The purpose of this research is to understand the role of the guthi system in Nepali society, the relationship of the guthi land tenure system with Newari guthi, and the effect of modern society and technology on the ability of the guthi system to maintain and preserve tangible and intangible cultural heritage in Nepal. This research took place in three different sections of Kathmandu. The methodology behind this research was a combination of historical analysis of the traditional role of the guthi system in Nepal along with three case studies of guthi organizations with different assigned functions. These case studies …

Empowering Women Through Land: An Analysis Of The Barriers In Accessing Land Rights Within Kisumu County, Kenya, Madison Shaffer

Independent Study Project (ISP) Collection

This project aims to gain a greater understanding of the current state of women’s land rights in Kisumu County, Kenya. It will discuss current barriers women face in accessing land and how land can impact a woman’s empowerment and in turn, her control over her health. Property rights can provide women with a secure place to live, a place of economic activity and reduce dependence on men. Property ownership can also serve to empower women and “give them greater bargaining power at the household, individual, and community level...increasing agency” (Dworkin,2009). Unfortunately, men have almost always been favored in land rights …

Reframing Homelessness In Vermont: A Systemic Approach To Homelessness Policy Advocacy In Windham County Vermont, Scott Sharland

Capstone Collection

The Changeworks Committee of the Groundworks Collaborative was created in 2014 to implement advocacy that would build public support for long-term policy changes addressing the root causes of homelessness in Windham County Vermont. This research focused on the work of this committee, and posed the question: How does reframing homelessness as a systemic issue instead of an individual issue impact the public perception of the problem in Windham County, Vermont? I argue that reframing perceptions of homelessness as the result of systemic failure and not as a problem of individual choice is key to building public support for solutions. Additionally, …

Protecting Ecosystems, Culture, And Human Rights In Chile Through Indigenous And Community-Conserved Territories And Areas, William G. Crowley

Capstone Collection

In environmental conservation circles around the world, the contributions of indigenous peoples and local communities to the sustainable maintenance of ecosystems and natural resources are being given increased attention. Whether for cultural, spiritual, economic, or other purposes, the use of traditional and local knowledge of habitat and resource management is slowly making its way into the modern environmental movement, and is being incorporated into the dominant conservation paradigms. These managed areas, known as Indigenous and Community-Conserved Territories and Areas, or ICCAs, are defined by the International Union for Conservation of Nature as “natural and/or modified ecosystems containing significant biodiversity …

Protecting Ecosystems, Culture, And Human Rights In Chile Through Indigenous And Community-Conserved Territories And Areas, William G. Crowley

Capstone Collection

In environmental conservation circles around the world, the contributions of indigenous peoples and local communities to the sustainable maintenance of ecosystems and natural resources are being given increased attention. Whether for cultural, spiritual, economic, or other purposes, the use of traditional and local knowledge of habitat and resource management is slowly making its way into the modern environmental movement. These managed areas, known as Indigenous and Community-Conserved Territories and Areas, or ICCAs, are defined by the International Union for Conservation of Nature as “natural and/or modified ecosystems containing significant biodiversity values, ecological services and cultural values, voluntarily conserved by …

“Seguimos Siendo Indígenas” Una Investigación Sobre El Discurso De Los Derechos Y Necesidades De La Comunidad Shipiba De Cantagallo Como Pueblo Indígena En El Contexto Urbano De Lima., Janet Sanchez

Independent Study Project (ISP) Collection

A través de un método etnográfico basado en entrevistas formales e informales y observaciones tomados durante dos semanas en la Comunidad ShipiboKonibo de Cantagallo, este informe examina cómo esta comunidad expresa sus derechos y necesidades como pueblo indígena en el contexto urbano de Lima. Este estudio fue ejecutado durante un tiempo de conflicto entre la comunidad y la Municipalidad de Lima, que bajo el cargo de Luis Castañeda, canceló la reubicación de la Comunidad ShipoKonibo que está siendo desplazado por la construcción del Vía Parque Rímac. Los resultados demuestran que los Shipibos de Cantagallo luchan por ser tratados como iguales …

The Value Of Conservation Easements: An Analysis Of The Effects Of Conservation Easements On Property Values In Central Vermont., Jonathan Decker

Capstone Collection

This capstone research aims to explore the possibilities of an association between changes in the fair market value of landed properties and their proximity to land parcels containing conservation easements. The study attempts to provide a greater understanding of how conservation easements provide benefits to Vermont municipalities. These benefits are described as ecosystem services, and their value was proxied by increases in the fair market value of transferred real-estate located within two distinct radiuses of the conserved land.

The study focuses on two specific properties located in the towns of Marshfield and East Montpelier. For each town, four separate datasets …

Land Law, Land Rights, And Land Reform In Vietnam: A Deeper Look Into “Land Grabbing” For Public And Private Development, Kaitlin Hansen

Independent Study Project (ISP) Collection

As Vietnam continues to search for its ideal balance between Communist control and a market-led economy, land rights emerge at the forefront of the discussion concerning the tension between traditional Socialist ideals of people-owned and state managed property versus neoliberal ideals of private property rights. The purpose of this study is twofold. First, this study will explore the legal relationship between the Vietnamese state and individuals in regards to land ownership, land management, and land use rights, explaining how this relationship has changed over time with subsequent land laws. Going further, this study will focus on the 2013 land law …