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Articles 1 - 7 of 7
Full-Text Articles in Law
Seeing Race As We Are: Avoiding, Arguing, Aspiring, Michael A. Cowan
Seeing Race As We Are: Avoiding, Arguing, Aspiring, Michael A. Cowan
New England Journal of Public Policy
Racial conflict in the United States pushes people to positions of argument or avoidance, more or less intensely and for varying lengths of time, depending on external events like the murder of George Floyd. Neither stance produces the conversations required to seek common ground and compromise around racial issues. Argument alone deepens divisions and avoidance leaves them to metastasize in the social body. In an attempt to go beneath these two positions, this article first explains the role and form of interpretation in all conflict and dispute resolution and how it is shaped. Then it examines the concepts and strategies …
The Youth Inferno: Two-Way Working On Ancestral Lands, Pamela Nathan
The Youth Inferno: Two-Way Working On Ancestral Lands, Pamela Nathan
New England Journal of Public Policy
In this article I present some of the work of Creating a Safe and Supportive Environment (CASSE) in Central Australia, Northern Territory, with the youth in the justice system, referring to our dual cultural and therapeutic program Shields for Living, Tools for Life. Psychoanalytic concepts and tools that have informed the work and transformed the trauma landscape are detailed. The work is at the epicenter of anger, concern, and politics in Central Australia and this epicenter has been named the “youth crisis.” It is a journey of feeling the heat, of being on a rollercoaster ride in a landscape of …
Raising Indigenous Women’S Voices For Equal Rights And Self-Determination, Grazia Redolfi, Nikoletta Pikramenou, Rosario Grimà Algora
Raising Indigenous Women’S Voices For Equal Rights And Self-Determination, Grazia Redolfi, Nikoletta Pikramenou, Rosario Grimà Algora
New England Journal of Public Policy
The United Nations Declaration on the Rights of Indigenous Peoples states that the right to self-determination for Indigenous peoples involves their having the right to freely determine their political status and freely pursue their economic, social, and cultural development. The implementation of this right is linked to the ability and freedom to participate in any decision making that relates to their development. Current laws and practices are considered “unfair to women,” because they sustain traditional and customary patriarchal attitudes that marginalize Indigenous women and exclude them from decision-making tables and leadership roles. Despite the many challenges Indigenous women face in …
Communicative Justice And Reconciliation In Canada, Alice Neeson
Communicative Justice And Reconciliation In Canada, Alice Neeson
New England Journal of Public Policy
Communicative justice co-exists with other dimensions of justice and emphasizes the importance of fair communicative practices, particularly after periods of direct or structural violence. While intercultural dialogue is often assumed to be a positive, or even necessary, part of reconciliation processes, there are questions to be asked about the ethicality of dialogue when one voice has been silenced, misrepresented, and ignored for decades. This article draws on twelve months of ethnographic research with reconciliation activists and organizations in Canada and considers the potential for communicative flows to help compensate for structural inequalities during processes of reconciliation.
Language, Indigenous Peoples, And The Right To Self-Determination, Noelle Higgins, Gerard Maguire
Language, Indigenous Peoples, And The Right To Self-Determination, Noelle Higgins, Gerard Maguire
New England Journal of Public Policy
Language has always played a significant role in the colonization of peoples as an instrument of subjugation and homogenization. It has been used to control nondominant groups, including Indigenous peoples, often leading to their exclusion or assimilation. Many Indigenous groups, however, use language as a tool to connect the members of their community, to assert their group identity, and to preserve their culture. Thus, language has been used both as a means of oppression and as a mobilizer of Indigenous groups in their struggles for national recognition. Recognizing the significance of language in the identity and culture of Indigenous peoples, …
Resolving Conflict Between Canada’S Indigenous Peoples And The Crown Through Modern Treaties: Yukon Case History, Kirk Cameron
Resolving Conflict Between Canada’S Indigenous Peoples And The Crown Through Modern Treaties: Yukon Case History, Kirk Cameron
New England Journal of Public Policy
This article presents an example of how modern treaties with Yukon First Nations have created a foundation for co-relational involvement in the direction and control of land and resource management throughout Canada’s subnational region of Yukon, approximately 470,000 square kilometers in size. The modern treaties with eleven of the fourteen Yukon First Nations create assessment and management structures where appointment to these bodies are nominations not only from the territorial and federal governments but from the Yukon First Nations. The rights captured in the treaties are protected under Canada’s supreme law, the Constitution Act, 1982. The treaty relationship has effectively …
Contextualizing Approaches To Indigenous Peoples’ Experiences Of Intractable Conflict, Michele A. Sam
Contextualizing Approaches To Indigenous Peoples’ Experiences Of Intractable Conflict, Michele A. Sam
New England Journal of Public Policy
This article contextualizes intractable conflict within the lived experiences and worldviews of an Indigenous person, imbued with academic and scholarly research. The text illustrates how intractable conflict is experienced within the “developed world,” resulting in both freedom and fragmentation. Whether intractable conflict stems from colonial and postcolonial development and influences current Indigenous Peoples’ self-development efforts in Canada, specifically, and possibly across British colonies in general seems to be a new inquiry. The author relates her intergenerational experiences of contact, unpacking research and development in its many forms alongside the characteristics of intractable conflict and related federal Indian and social policy. …