Social and Behavioral Sciences Commons^™

Tribal Food Sovereignty In The American Southwest, Julia Guarino

Journal of Food Law & Policy

Food is an issue that implicates tribal sovereignty for historical, cultural, and public health reasons. This article undertakes a policy analysis of the importance of food to tribal sovereignty, and suggests that tribes, many of which have begun to do so already, make robust use of the concept of "food sovereignty" as part of their overarching project of protecting and promoting tribal sovereignty in general. This article sets the stage for understanding the importance of food sovereignty to tribes by exploring the history of food and culture in the American Southwest, where the public health consequences of changes in diet …

"They Would Do As They Pleased, As They Had The Power": Gender Violence And The American Settler-Colonial Project, 1830-1890, Noelle Iati

Women's History Theses

This thesis investigates the role of gender violence and sexual terror in westward settler expansion of the United States in the nineteenth century. I posit that gender violence was not simply a symptom of war and colonization, but an integral piece of the American colonization strategy. Using studies of three locations during three different periods, I have found that the local, territorial, state, and federal governments all actively deployed sexual assault and other forms of gendered terror as methods of removing Indigenous peoples to reservations and rancherías, opening their lands to settlement and resource exploitation for the purpose of acquiring …

Law Library Blog (March 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Indigenous Rights In International Law: A Focus On Extraction In The Arctic, Aine Healey Lawlor

Honors Projects

This paper seeks to evaluate the evolution and future of Indigenous rights in extractive industry on a global scale and uses the Arctic both to explore the complexity of these rights and to provide paths forward in advancing Indigenous self-determination. Indigenous rights lack a strong international foundation and are often dependent upon local and domestic regimes, yet this reality is currently shifting. The state of extraction internationally, particularly in the Arctic, is also facing major uncertainty in the coming decades as demand continues to rise. Indigenous rights and the rules governing extractive industry intersect because much of the world’s remaining …

Tribalism And Democracy, Seth Davis

William & Mary Law Review

Americans have long talked about “tribalism” as a way of talking about their democracy. In recent years, for example, commentators have pointed to “political tribalism” as what ails American democracy. According to this commentary, tribalism is incompatible with democracy. Some commentators have cited Indian Tribes as evidence to support this incompatibility thesis, and the thesis has surfaced within federal Indian law and policy in various guises up to the present day with disastrous consequences for Indian Tribes. Yet much of the talk about tribalism and democracy—within federal Indian law, and also without it—has had little to do with actual tribes. …

Mcgirt V. Oklahoma, United States Supreme Court, Neil M. Gorsuch

US Government Documents related to Indigenous Nations

This United States (US) Supreme Court case, decided July 9, 2020, clarified the boundaries of Indigenous land within the state of Oklahoma (OK) and, by extension, the limits of Oklahoma’s jurisdictional reach. Following the perpetration of his crimes in 1997, Oklahoma state court convicted Jimcy McGirt of three sexual offenses; however, McGirt contended that the state lacked the jurisdiction to try him for these crimes because he is an enrolled member of the Seminole Nation and because his crimes took place on the Creek Reservation (Muscogee Nation). Oklahoma argued that although an 1883 Treaty established a section of land for …

Status Of Mineral Ownership Underlying The Missouri River Within The Boundaries Of The Fort Berthold Indian Reservation (North Dakota), Department Of The Interior, Daniel H. Jorjani

US Government Documents related to Indigenous Nations

This memorandum, dated May 26, 2020, from the United States Department of the Interior (Office of the Solicitor) to the Assistant Secretary of US Indian Affairs and the Assistant Secretary of Land and Minerals Management rescinds the Solicitor’s January 18, 2017 opinion regarding mineral rights on the Fort Berthold Reservation and asserts that the state of North Dakota, not the Three Affiliated Tribes, is the legal owner of the submerged lands beneath the Missouri River. The Solicitor cites the “Historical Examination of the Missouri River within the Fort Berthold Indian Reservation, Precontact-1902” and his interpretation of laws and case precedent …

Conceptualizing Global Indigenous Rights, Kerri J. Malloy

Faculty Research, Scholarly, and Creative Activity

No abstract provided.

The Violence Against Women's Act: From The Criminalization Of Domestic Violence Through Modern Political Challenges, Carrie Anderson

Theses/Capstones/Creative Projects

The Violence Against Women’s Act, or VAWA, is a landmark piece of federal legislation to combat domestic violence in the United States. It passed in 1994 following various state efforts to stop intimate partner violence. Broad federal legislation was needed to end domestic violence because of the unique nature of the crime including the strong connection between victims and perpetrators, the vast scale of the problem, and the reoccurring nature of domestic violence (Fagan, p. 28-29, 1996). VAWA has been expanded through reauthorization efforts in 2000, 2005, and 2013. Reform efforts have focused on increasing protections for victims especially focusing …

La Justicia Medioambiental Y La Minería Aurífera: Las Implicaciones De La Deforestación Y La Contaminación De Metales Pesados En Madre De Dios, Perú, Madison Scully

Independent Study Project (ISP) Collection

Usando un marco teórico de justicia medioambiental y de colonialidad, este informe describe, analiza e interprete los impactos ecológicos de la minería aurífera en Madre de Dios, una región amazónica del Perú. Específicamente, este informe trata las consecuencias de la deforestación y la contaminación por mercurio causadas por esta industria para la salud y el bienestar de los pueblos indígenas de Madre de Dios. A través de investigación secundaria de la literatura existente y los estudios ya realizados sobre el alcance de la degradación ecológica resultante de la minería aurífera en esta región, este informe examina la manera en que …

Indigenous Communities Versus Oil Companies: Identifying Trends In Tactics And Success Of Indigenous-Led Anti-Petroleum Movements In The Ecuadorian Amazon, Ella V. H. Carlson

Independent Study Project (ISP) Collection

In roughly the last 50 years, the Ecuadorian Amazon has become the epicenter of petroleum production in Ecuador. As oil companies attempt to exploit more and more of the rainforest, they have encroached on indigenous lands, leading to violations of indigenous rights through environmental destruction. As their territories have been invaded, indigenous groups throughout the Amazon have formed movements large and small in resistance to petroleum activities. Scholars have studied select campaigns in the past, but the literature lacks a comparative review of the characteristics of those movements. This paper compiles histories of seven campaigns against petroleum in the Ecuadorian …

Transforming Relations: Anishnawbe Natural Law In The “Ring Of Fire”, Darren Thomas

Theses and Dissertations (Comprehensive)

This multiple manuscript dissertation project contributes to a larger case study research project examining Matawa First Nation experiences of negotiating a proposed mining project known as the “Ring of Fire.” Nine independent First Nations located in the Treaty 9 territory in Northern Ontario, comprise a collective regional organization called Matawa First Nations. These First Nations have a long history of living their Ancestral ways of trapping, fishing, and gathering from the lands. During the early 20^th century, the southern Matawa communities began to have contacts with forestry development, but a chromite deposit with an estimated value of 65 billion …

The Chumash Heritage National Marine Sanctuary: An Exploration Of Changing The Discourse On Conservation, Arielle Ben-Hur

Pitzer Senior Theses

In 2015, the Northern Chumash Tribal Council submitted a National Marine Sanctuary Nomination to establish the Chumash Heritage National Marine Sanctuary– a means by which to ensure the protection of one of the most culturally and biologically diverse coastlines in the world. On October 5, 2015, John Armor of the National Oceanic and Atmospheric Administration (NOAA) responded to the nomination, adding it to the inventory of areas NOAA may consider in the future for national marine sanctuary designation.

In my thesis, I explore how the nomination of the Chumash Heritage National Marine Sanctuary acts as a platform from which Traditional …

Los Efectos De La Minería En La Salud: El Movimiento Social Aymara En Torno Al Cerro Márquez, Maya Hajny Fernandez

Independent Study Project (ISP) Collection

With the political and social state of Chile’s history, mining has been present for hundreds of years, affecting the land and the indigenous populations in the country. This study asked how mining in the town of Ticnamar would affect the community, what positive and negative results mining activity has, what the most important elements of the social movement against mining are and how all of these elements influence health. The study sought to learn and study the impact of and the motivations that mining could have in the community of Ticnamar, and how it is perceived by the community. More …

Tribal Law Resources And American Indian Law Research Guides, Jan B. Bissett, Margi Heinen

Library Scholarly Publications

No abstract provided.

'Race, Racism, And American Law': A Seminar From The Indigenous, Black, And Immigrant Legal Perspectives, Eduardo R.C. Capulong, Andrew King-Ries, Monte Mills

The Scholar: St. Mary's Law Review on Race and Social Justice

Flagrant racism has characterized the Trump era from the onset. Beginning with the 2016 presidential campaign, Trump has inflamed long-festering racial wounds and unleashed White supremacist reaction to the nation’s first Black President, in the process destabilizing our sense of the nation’s racial progress and upending core principles of legality, equality, and justice. As law professors, we sought to rise to these challenges and prepare the next generation of lawyers to succeed in a different and more polarized future. Our shared commitment resulted in a new course, “Race, Racism, and American Law,” in which we sought to explore the roots …

Texas Indian Holocaust And Survival: Mcallen Grace Brethren Church V. Salazar, Milo Colton

The Scholar: St. Mary's Law Review on Race and Social Justice

When the first Europeans entered the land that would one day be called Texas, they found a place that contained more Indian tribes than any other would-be American state at the time. At the turn of the twentieth century, the federal government documented that American Indians in Texas were nearly extinct, decreasing in number from 708 people in 1890 to 470 in 1900. A century later, the U.S. census recorded an explosion in the American Indian population living in Texas at 215,599 people. By 2010, that population jumped to 315,264 people.

Part One of this Article chronicles the forces contributing …

Sports Betting And Indian Gaming: Overcoming Barriers To Market Entry And Integration Of Sports Books Into Tribal Casinos, Steve Light

International Conference on Gambling & Risk Taking

Abstract

Even before the U.S. Supreme Court issued its decision In Murphy v. NCAA (2018) permitting states to legalize sports wagering, the biggest brand-names in gaming worldwide were positioning themselves to capitalize on the fan base for America’s most recognizable sports leagues.

Sports wagering already is up and running in five states; analysts predict that more than half the states will legalize it within five years. Many will be among the 29 states that currently have casinos owned and operated by American Indian tribes in this $32.4 billion market segment.

There is no firm sense and little data pointing to …

Teacher Perceptions Of Environmental Science In Rural Northwestern New Mexico Public Schools, Marie Quiahuitl Julienne

Organization, Information and Learning Sciences ETDs

In this study, I explored what teachers perceive as the factors that impact their teaching of environmental science in rural secondary level schools in northwestern New Mexico. I adapted Bronfenbrenner’s (1994) ecological systems model, based on four environmental subsystem levels (microsystem, mesosystem, exosystem, and macrosystem), as the conceptual framework to address the major research question of this study, and developed 18 interview questions to explore teachers’ perceptions of factors that influence their teaching of environmental science. I investigated the perspectives science teachers have about environmental science topics and the influences they perceive that affect how they teach environmental science, and …

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

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. …

The Unsung Hero Character: A Harbinger Device Of Misfortune, Eutimio Talavera

Electronic Theses and Dissertations

This thesis introduces an obscure storytelling device, The Unsung Hero character, as one way of examining how movies function as stories. This character is often overlooked, as it frequently cloaks its idiosyncrasies, thus it lacks any apparent signs of internal conflict. This analysis foregrounds the character’s overall functionality, found only in rare instances and typically in the story of a movie. With effective implementation in a story, as a functional harbinger device, brief appearances of The Unsung Hero character demonstrate flashpoints or disclosures of a forthcoming misfortune in the story. This movie analysis shows how The Unsung Hero character functions …

How Two Sunken Ships Caused A War: The Legal And Cultural Battle Between Great Britain, Canada, And The Inuit Over The Franklin Expedition Shipwrecks, Christina Labarge

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

[Introduction To] Documents Of Native American Political Development: 1933 To Present, David E. Wilkins (Editor)

Bookshelf

Before Europeans arrived in what is now known as the United States, over 600 diverse Native nations lived on the same land. This encroachment and subsequent settlement by Americans forcibly disrupted the lives of all indigenous peoples and brought about staggering depopulation, loss of land, and cultural, religious, and economic changes. These developments also wrought profound changes in indigenous politics and longstanding governing institutions. David E. Wilkins' two-volume work Documents of Native American Political Development traces how indigenous peoples have maintained and continued to exercise a significant measure of self-determination contrary to presumptions that such powers had been lost, surrendered, …

Brackeen V. Zinke, Bradley E. Tinker

Public Land & Resources Law Review

In 1978, Congress enacted the Indian Child Welfare Act to counter practices of removing Indian children from their homes, and to ensure the continued existence of Indian tribes through their children. The law created a framework establishing how Indian children are adopted as a way to protect those children and their relationship with their tribe. ICWA also established federal standards for Indian children being placed into non-Indian adoptive homes. Brackeen v. Zinke made an important distinction for the placement preferences of the Indian children adopted by non-Indian plaintiffs; rather than viewing the placement preferences in ICWA as based upon Indians’ …

Getches-Wilkinson Center Newsletter, Fall 2017, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

Getches-Wilkinson Center for Natural Resources, Energy, and the Environment Newsletter (2013-)

No abstract provided.

No Connection: The Issue Of Internet On The Reservation, Emily S. Donnellan

American Indian Law Journal

No abstract provided.

Tsirik - Fold The Leaves So That Others May Be Guided: A Study Of How The Bribri Women Are Preserving Their Culture To Ensure A Sustainable Future For Their Community, Emily R. Blau

Capstone Collection

Bananas are one of Costa Rica’s largest exports, along with coffee, palm oil, and cocoa. The banana plantations are large-scale, are most often run by multinational companies, and are considered to be run as enclave economies (Equal Exchange, 2016). This monoculture crop production has been globally accused of human rights abuses said to include, but not be limited to, violating the rights of indigenous people and loss in culture and tradition. For this paper, I studied the effects that large-scale agricultural corporations have on the BriBri, a matriarchal and indigenous group who live on the Caribbean coast of Costa Rica. …

Putting An End To The Silence: Educating Society About The Canadian Residential School System, Jamie Lee Kuhl

Bridges: An Undergraduate Journal of Contemporary Connections

This paper advocates for the increased education of Canadian society regarding the Indian Residential School System. Many Canadian’s tend to be uninformed on the history of the schools and as a result risk subjecting Aboriginal peoples to further harm. The contents of this paper demonstrates by informing all Canadian citizens of the truth regarding the assimilative schools and their enduring legacy on Aboriginal peoples, several benefits can occur. Specifically, through revealing the truth regarding the residential schools, healing becomes possible for victims, over-representation within the criminal justice system can be better understood as well as addressed, and future harm can …

The Traffic Of Native American Women, Nasrin M. Chaudhry

Undergraduate Theses, Professional Papers, and Capstone Artifacts

No abstract available.