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Trials Of Belonging: Indigenous Peoples' Struggle With Law And Power In Twentieth-Century North America, Kevin Thomas Guay
Trials Of Belonging: Indigenous Peoples' Struggle With Law And Power In Twentieth-Century North America, Kevin Thomas Guay
Open Access Theses & Dissertations
Spanning multiple fields of scholarly inquiry, the bulk of this study concerns itself with competing notions of sovereignty, citizenship, boundary-making, and belonging in twentieth and twenty-first century Indigenous North America. Situated at the productive confluence of Borderlands history, Native American and Indigenous Studies, Critical Legal Studies, and Immigration history, this Dissertation analyzes the numerous treaties, codes, edicts, bylaws and other expressions of settler colonial jurisprudence that penetrated the everyday lives of Indigenous peoples across North America. These statutes-designed to limit Native power, dissolve Indigenous cultural identity, and strip tribal peoples of their landholdings and personhood-constituted an ongoing settler colonial project …
Mother Nature, Lady Justice: Ecofeminism And Judicial Decision-Making, Jonathan Alexis Picado
Mother Nature, Lady Justice: Ecofeminism And Judicial Decision-Making, Jonathan Alexis Picado
Open Access Theses & Dissertations
Ecofeminism offers a feminist perspective that links gender to how humans relate to the natural world. As such, this framework explores the connections between the oppression of nature and the oppression of women, such as widespread views that both women and nature are property, are to be dominated, and are most valuable when cultivated and curated by men. I apply this philosophical and sociological framework to judicial decision-making, where women judges should view environmental issues as women's issues and thus be more likely to vote in favor of the environmental protections relative to her male peers. I evaluate this theory …
At The Mercy Of The Mexican Supreme Court: The Implications Of Party Capability On Indigenous People's Cases, Alan Cardenas
At The Mercy Of The Mexican Supreme Court: The Implications Of Party Capability On Indigenous People's Cases, Alan Cardenas
Open Access Theses & Dissertations
Indigenous Peoples in Mexico have long struggled in securing their rights in colonizing states. Applying party capability theory, this paper seeks to empirically understand the Mexican Supreme Court's behavior in cases pertaining to Indigenous Peoples. This paper thus evaluates the degree to which the Mexican Supreme Court is indeed an impartial actor that produces "equal protection under the law" for everyone (Galanter, 1974). Specifically, this paper examines the questions: To what extent does the Mexican Supreme Court protect Indigenous Peoples' rights? Are Indigenous Peoples legally affected by the power disparity perpetuated by the inequality in the country? This paper thus …