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Author: Bruce Duthu
Publisher: Oxford University Press
ISBN: 0199910685
Category : Law
Languages : en
Pages : 249
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Book Description
American Indian tribes have long been recognized as "domestic, dependent nations" within the United States, with powers of self-government that operate within the tribes' sovereign territories. Yet over the years, Congress and the Supreme Court have steadily eroded these tribal powers. In some respects, the erosion of tribal powers reflects the legacy of an imperialist impulse to constrain or eliminate any political power that may compete with the state. These developments have moved the nation away from its early commitments to a legally plural society--in other words, the idea that multiple nations and their legal systems could co-exist peacefully in shared territories. Shadow Nations argues for redirecting the trajectory of tribal-federal relations to better reflect the formative ethos of legal pluralism that operated in the nation's earliest years. From an ideological standpoint, this means that we must reexamine several long-held commitments. One is to legal centralism, the view that the nation-state and its institutions are the only legitimate sources of law. Another is to liberalism, the dominant political philosophy that undergirds our democratic structures and situates the individual, not the group or a collective, as the bedrock moral unit of society. From a constitutional standpoint, establishing more robust expressions of tribal sovereignty will require that we take seriously the concerns of citizens, tribal and non-tribal alike, who demand that tribal governments operate consistently with basic constitutional values. From an institutional standpoint, these efforts will require a new, flexible and adaptable institutional architecture that is better suited to accommodating these competing interests. Argued with grace, humanity, and a peerless scholarly eye, Shadow Nations is a clarion call for a true and consequential rethinking of the legal and political relationship between Indigenous tribes and the United States government.
Author: Bruce Duthu
Publisher: Oxford University Press
ISBN: 0199910685
Category : Law
Languages : en
Pages : 249
Get Book Here
Book Description
American Indian tribes have long been recognized as "domestic, dependent nations" within the United States, with powers of self-government that operate within the tribes' sovereign territories. Yet over the years, Congress and the Supreme Court have steadily eroded these tribal powers. In some respects, the erosion of tribal powers reflects the legacy of an imperialist impulse to constrain or eliminate any political power that may compete with the state. These developments have moved the nation away from its early commitments to a legally plural society--in other words, the idea that multiple nations and their legal systems could co-exist peacefully in shared territories. Shadow Nations argues for redirecting the trajectory of tribal-federal relations to better reflect the formative ethos of legal pluralism that operated in the nation's earliest years. From an ideological standpoint, this means that we must reexamine several long-held commitments. One is to legal centralism, the view that the nation-state and its institutions are the only legitimate sources of law. Another is to liberalism, the dominant political philosophy that undergirds our democratic structures and situates the individual, not the group or a collective, as the bedrock moral unit of society. From a constitutional standpoint, establishing more robust expressions of tribal sovereignty will require that we take seriously the concerns of citizens, tribal and non-tribal alike, who demand that tribal governments operate consistently with basic constitutional values. From an institutional standpoint, these efforts will require a new, flexible and adaptable institutional architecture that is better suited to accommodating these competing interests. Argued with grace, humanity, and a peerless scholarly eye, Shadow Nations is a clarion call for a true and consequential rethinking of the legal and political relationship between Indigenous tribes and the United States government.
Author: Bruce Duthu
Publisher: OUP USA
ISBN: 0199735867
Category : Law
Languages : en
Pages : 249
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Book Description
In order to counter the steady erosion of tribal powers of self-government, this book argues for redirecting the trajectory of tribal-federal relations to better reflect the formative ethos of legal pluralism that operated in the nation's earliest years.
Author: Eric J. Weiner
Publisher: Simon and Schuster
ISBN: 1439109168
Category : Business & Economics
Languages : en
Pages : 338
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Book Description
Argues that sovereign wealth funds and rogue nations are threatening the security of America's financial future, explaining how they undermine the economy and the stability of banking institutions.
Author: Sebastian Strangio
Publisher: Yale University Press
ISBN: 0300234031
Category : History
Languages : en
Pages : 369
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Book Description
A timely look at the impact of China's booming emergence on the countries of Southeast Asia Today, Southeast Asia stands uniquely exposed to the waxing power of the new China. Three of its nations border China and five are directly impacted by its claims over the South China Sea. All dwell in the lengthening shadow of its influence: economic, political, military, and cultural. As China seeks to restore its former status as Asia's preeminent power, the countries of Southeast Asia face an increasingly stark choice: flourish within Beijing's orbit or languish outside of it. Meanwhile, as rival powers including the United States take concerted action to curb Chinese ambitions, the region has emerged as an arena of heated strategic competition. Drawing on more than a decade of on-the-ground experience, Sebastian Strangio explores the impacts of China's rise on Southeast Asia, the varied ways in which the countries of the region are responding, and what it might mean for the future balance of power in the Indo-Pacific.
Author: Haley Sweetland Edwards
Publisher:
ISBN: 9780997126402
Category : Convention on the Settlement of Investment Disputes between States and Nationals of Other States
Languages : en
Pages : 142
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Book Description
"Haley Sweetland Edwards explains the history of global shadow courts and how these courts have spun out of control, threatening the interests of citizens everywhere including the United States. Her fantastic book is exactly what long-form journalism is meant to do, to move beyond current events and provide historical perspective that aims at future reform. SHADOW COURTS should be at the top of the reading list of all those interested in redesigning trade agreements to be in the publicinterest." -- Jeffrey D. Sachs, University Professor, Columbia University and author ofThe End of Poverty International trade deals have become vastly complex documents, seeking to govern everything from labor rights to environmental protections. This evolution has drawn alarm from American voters, but their suspicions are often vague. In this book, investigative journalist Haley Sweetland Edwards offers a detailed look at one little-known but powerful provision in most modern trade agreements that is designed to protect the financial interests of global corporations against the governments of sovereign states. She makes a devastating case that Investor-State Dispute Settlement -- a "shadow court" that allows corporations to sue a nation outside its own court system -- has tilted the balance of power on the global stage. Acorporation can use ISDS to challenge a nation's policies and regulations, if it believes those laws are unfair or diminish its future profits. From the 1960s to 2000, corporations brought fewer than 40 disputes, but in the last fifteen years, they have brought nearly 650 -- 54 against Argentina alone. Edwards conducted extensive research and interviewed dozens of policymakers, activists, and government officials in Argentina, Canada, Bolivia, Ecuador, the European Union, and in the Obama administration. The result is a major story about a significant shift in the global balance of power.
Author: Khatharya Um
Publisher: NYU Press
ISBN: 1479876321
Category : Social Science
Languages : en
Pages : 343
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Book Description
In a century of mass atrocities, the Khmer Rouge regime marked Cambodia with one of the most extreme genocidal instances in human history. What emerged in the aftermath of the regime's collapse in 1979 was a nation fractured by death and dispersal. It is estimated that nearly one-fourth of the country's population perished from hard labor, disease, starvation, and executions. Another half million Cambodians fled their ancestral homeland, with over one hundred thousand finding refuge in America. From the Land of Shadows surveys the Cambodian diaspora and the struggle to understand and make meaning of this historical trauma. Drawing on more than 250 interviews with survivors across the United States as well as in France and Cambodia, Khatharya Um places these accounts in conversation with studies of comparative revolutions, totalitarianism, transnationalism, and memory works to illuminate the pathology of power as well as the impact of auto-genocide on individual and collective healing. Exploring the interstices of home and exile, forgetting and remembering, From the Land of Shadows follows the ways in which Cambodian individuals and communities seek to rebuild connections frayed by time, distance, and politics in the face of this injurious history.
Author: Neil Elliott
Publisher: Fortress Press
ISBN: 1451415133
Category : Bible
Languages : en
Pages : 242
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Book Description
Elliott offers a fresh and surprising reinterpretation of Paul's letter to the Romans in the context of Roman imperial ideology, bringing to the text the latest insights from classical studies, rhetorical criticism, postcolonial criticism, and people's history. By setting the letter alongside Roman texts (Cicero, Virgil, the Res Gestae of Augustus, Seneca, poets from the age of Nero, as well as later historians and satirists), Elliott provides a dramatic new reading of the letter as Paul's confrontation with the arrogance of empire—and an emerging Christianity already tempted by the seductive ideology of imperial power.
Author: Michael Fleming
Publisher: Cambridge University Press
ISBN: 1009098985
Category : History
Languages : en
Pages : 319
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Book Description
Examines the struggle to ensure that war crimes which took place during the Second World War were prosecuted.
Author: David Vine
Publisher: Macmillan
ISBN: 1627791698
Category : History
Languages : en
Pages : 433
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Book Description
American military bases encircle the globe; from Italy to the Indian Ocean, from Japan to Honduras. The far-reaching story of the perils of the U. S. military bases and what these bases say about America today.
Author: Signe Rehling Larsen
Publisher: Oxford University Press
ISBN: 0192603019
Category : Law
Languages : en
Pages : 224
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Book Description
From the start of the European integration process, one question has puzzled scholars: what type of political association is the European Union? In absence of an agreed upon response, most scholars have suggested that the European Union is 'sui generis'. This book challenges the sui generis thesis by demonstrating that the EU is not a unique form of association, but rather a federal union of states, or what this book calls a federation. This is a discrete form of political association on par with, though differentiated from, political modernity's two other main forms, namely the state and the empire. The federation cannot be understood on the basis of the general theory of the state or its concept of sovereignty. The 'statist' imaginary still dominates both the debates on federalism and the EU, meaning that all federal policies are either seen as 'confederal' associations of sovereign states or sovereign federal states. This book challenges this binary by demonstrating that the federation is not a 'super state' but a discrete political form with its own constitutional theory. It is characterized by a double political existence, a lack of internal hierarchy, and the internal absence, contestation, or repression of sovereignty. This book details the key aspects of federal constitutional theory and how this theory accounts for the EU's constitutional form as well as the crises it has faced in recent years. This book is broken into five chapters that cover the introduction to federalism, origins of the EU, state transformation and teleology, unity in diversity, and emergency rule without a sovereign. This book draws on a variety of literatures and historical material to help the reader develop a critical understanding of 'constitutional myths' and the theory of federalism.
