Law Commons^™

Agenda: Free, Prior And Informed Consent: Pathways For A New Millennium, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, University Of Colorado Boulder. School Of Law. American Indian Law Program

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

Presented by the University of Colorado's American Indian Law Program and the Getches-Wilkinson Center for Natural Resources, Energy & the Environment.

The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), along with treaties, instruments, and decisions of international law, recognizes that indigenous peoples have the right to give "free, prior, and informed consent" to legislation and development affecting their lands, natural resources, and other interests, and to receive remedies for losses of property taken without such consent. With approximately 150 nations, including the United States, endorsing the UNDRIP, this requirement gives rise to emerging standards, obligations, and opportunities …

Indigenous Peoples’ Right Of Free Prior Informed Consent With Respect To Indigenous Lands, Territories And Resources (June 28, 2010), Indian Law Resource Center

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

3 pages.

"June 28, 2010"

Indigenous Peoples’ Right Of Free Prior Informed Consent With Respect To Indigenous Lands, Territories And Resources (United Nations Workshop, 17-19 January 2005), Indian Law Resource Center

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

3 pages.

U.N. Doc PFII/2004/WS.2/6

Free, Prior And Informed Consent: Ilo 169 And Undrip, Kelsey Peterson

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

2 pages.

"Kelsey Peterson, American Indian Law Program Fellow, University of Colorado Law School Class of 2015"

Principles Of International Law For Multilateral Development Banks: The Obligation To Respect Human Rights, Robert T. Coulter, Leonardo A. Crippa, Emily Wann

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

41 pages.

"January, 2009"

www.indianlaw.org

From Pokhara To Kandahar: The Two Hundred Year Journey Of The Force That Made Nepal Famous, Elijah Wohl

Independent Study Project (ISP) Collection

The Gurkhas are renown throughout the world for their fighting skills, their bravery, and their loyalty to the British Crown. Much has been written on their distinguished history, but traditional literature on the Gurkhas leaves several questions unanswered. How did the Gurkhas come to be as a fighting force for the British Empire when the British never occupied Nepal? How have they survived the independence of India and the subsequent dismantling of the British Empire? And what will the future of the Gurkhas be? Will they continue their two centuries of service to the British Crown? Or will they become …

Narratives Of War In Islamic Societies, Whose Side Is God On?, Ahmed Souaiaia

Ahmed E SOUAIAIA

The so-called Arab Spring ushered in a new era of conflict that is transforming Islamic societies in unprecedented ways. In the past two years, peaceful protests ousted some of the most ruthless dictators of the Arab world. Then, violent rebellions destroyed communities in Libya and Syria, stifled the non-violent movement, and amplified sectarian tensions by interjecting God into some of the most gruesome conflicts. By looking at the Syrian crisis as a case study, in this article I explore the function of narratives in managing war and the nature and evolution of Islamism in Islamic societies.

“Queering The Rainbow Nation”: An Analysis Of 11 Gay And Lesbian Capetonians’ Perceptions Of Lgbt Identity In Cape Town And The South African Government’S Commitment To Lgbt Equality, Ryan Sasse

Independent Study Project (ISP) Collection

The South African government has made vast strides in the fight for LGBT equality, strides that are unparalleled by any other nation on the African continent. Unfortunately, the lack of hate crime legislation within the country—as well as the government’s unwillingness to address the nation’s resulting violence—often overshadows the accomplishments that have been made over the last few years. Keeping in mind that “[f]eminist research goals foster empowerment and emancipation for women and other marginalized groups, and feminist researchers often apply their findings in the service of promoting social justice for women,” we can see how the LGBT community is …

The Health Consequences And Healthcare-Seeking Strategies For South American Immigrant Careworkers In Genoa, Italy, Patti A. Meyer

Theses and Dissertations--Anthropology

This research on healthcare strategies of home-based, low-wage, immigrant careworkers contributes to the ways medical anthropology, migration studies and social science understand human-economy-family care relationships and health and carework as commodities in today's global economy. It reveals the consequences for workers as they defray the costs of care for the Italian government and contribute to their home economies. This research was conducted in Genoa, Italy, which has the largest percentage of people over the age of 70 in any city of its size in the world and a tradition of sending and receiving immigrant workers. The main question was: Under …

Identity On Trial: The Gabrielino Tongva Quest For Federal Recognition, Alice Mirlesse

Pomona Senior Theses

In this paper, the author looks at the impact of the policy of federal recognition on a Los Angeles basin Native community: the Gabrielino Tongva. The first section, the literature review focuses on the difficulties of defining “indigenousness” in the academic and political realms, as well as looking at Native scholars’ conceptualization of this unique and multifaceted identity. After a consideration of the theoretical framework of the study, the crossroads between anthropology and public policy analysis, the author presents the tools she used in her study, namely: participant observation, key-informant interviews, and the analysis of published documents and personal files. …

Natural Law & Lawlessness: Modern Lessons From Pirates, Lepers, Eskimos, And Survivors, Paul H. Robinson

All Faculty Scholarship

The natural experiments of history present an opportunity to test Hobbes' view of government and law as the wellspring of social order. Groups have found themselves in a wide variety of situations in which no governmental law existed, from shipwrecks to gold mining camps to failed states. Yet the wide variety of situations show common patterns among the groups in their responses to their often difficult circumstances. Rather than survival of the fittest, a more common reaction is social cooperation and a commitment to fairness and justice, although both can be subverted in certain predictable ways. The absent-law situations also …

Framing Violence: The Hidden Suffering And Healing Of Sudan's 'Lost Girls' In Cairo, Egypt, Ginger Ann Johnson

USF Tampa Graduate Theses and Dissertations

This dissertation examines the specific forms of embodied suffering war and its refugee aftermath brings to female Sudanese refugees currently living in post-revolution Cairo, Egypt in order to illustrate the suffering and healing enacted within everyday life. These women, displaced from the Second Sudanese Civil War, are what I label Sudan's `Lost Girls.' The theoretical framework I employ in order to discuss their lives is a critical medical anthropology perspective based on the mindful body. I engage anthropological literature on the body in order to better understand the embodied suffering, sexual violence, and refugee aftermath of war. My research seeks …

Legal Punishment As Civil Ritual: Making Cultural Sense Of Harsh Punishment, Spearit

Articles

This work examines mass incarceration through a ritual studies perspective, paying explicit attention to the religious underpinnings. Conventional analyses of criminal punishment focus on the purpose of punishment in relation to legal or moral norms, or attempt to provide a general theory of punishment. The goals of this work are different, and instead try to understand the cultural aspects of punishment that have helped make the United States a global leader in imprisonment and execution. It links the boom in incarceration to social ruptures of the 1950s and 1960s and posits the United States’ world leader status as having more …

Book Review -- William Patry, How To Fix Copyright, Michael J. Madison

Articles

I review William Patry’s book How to Fix Copyright. The book is noteworthy for its ambitious yet measured effort to diagnose where copyright law has gone astray in recent years. It is less successful with respect to proposing possible changes to the law. Most interesting are parallels between How to Fix Copyright and an earlier comprehensive look at copyright law in the digital era: Paul Goldstein’s Copyright’s Highway: From Gutenberg to the Celestial Jukebox. William Patry and Paul Goldstein each have a lot of faith in the power of consumer choice in the cultural marketplace. That faith leads …

Discrimination Inward And Upward: Lessons On Law And Social Inequality From The Troubling Case Of Women Coaches, Deborah L. Brake

Articles

In the Title IX success story, women’s opportunities in coaching jobs have not kept pace with the striking gains made by female athletes. Women’s share of jobs coaching female athletes has declined substantially in the years since the law was enacted, moving from more than 90% to below 43% today. As a case study, the situation of women coaches contains important lessons about the ability of discrimination law to promote social equality. This article highlights one feature of bias against women coaches — gender bias by female athletes — as a counter-paradigm that presents a challenge to the dominant frame …

Experiments To Measure The Effects Of Timber Harvesting Equipment On Surface Lithic Scatters, Douglas J. Baughman

All Master's Theses

The importance of cultural resource preservation cannot be overstated; however local economies are at least as important. Due to conservative archaeological site protection practices in Region 5 of the United States Forest Service, the economy of Northeastern California is being adversely affected. In an attempt to help the Forest Service make more informed management decisions and improve the Northeastern California economy, I undertook experiments on the effects of timber harvesting on lithic scatters on Modoc National Forest. The experiments involved placement of 225 glass tiles (proxy lithics) in each of three plots subject to vehicle traffic and log dragging by …