Architect of Justice

Architect of Justice PDF Author: Dalia Tsuk Mitchell
Publisher: Cornell University Press
ISBN: 9780801439568
Category : Biography & Autobiography
Languages : en
Pages : 392

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Book Description
A major figure in American legal history during the first half of the twentieth century, Felix Solomon Cohen (1907-1953) is best known for his realist view of the law and his efforts to grant Native Americans more control over their own cultural, political, and economic affairs. A second-generation Jewish American, Cohen was born in Manhattan, where he attended the College of the City of New York before receiving a Ph.D. in philosophy from Harvard University and a law degree from Columbia University. Between 1933 and 1948 he served in the Solicitor's Office of the Department of the Interior, where he made lasting contributions to federal Indian law, drafting the Indian Reorganization Act of 1934, the Indian Claims Commission Act of 1946, and, as head of the Indian Law Survey, authoring The Handbook of Federal Indian Law (1941), which promoted the protection of tribal rights and continues to serve as the basis for developments in federal Indian law.In Architect of Justice, Dalia Tsuk Mitchell provides the first intellectual biography of Cohen, whose career and legal philosophy she depicts as being inextricably bound to debates about the place of political, social, and cultural groups within American democracy. Cohen was, she finds, deeply influenced by his own experiences as a Jewish American and discussions within the Jewish community about assimilation and cultural pluralism as well the persecution of European Jews before and during World War II.Dalia Tsuk Mitchell uses Cohen's scholarship and legal work to construct a history of legal pluralism--a tradition in American legal and political thought that has immense relevance to contemporary debates and that has never been examined before. She traces the many ways in which legal pluralism informed New Deal policymaking and demonstrates the importance of Cohen's work on behalf of Native Americans in this context, thus bringing federal Indian law from the margins of American legal history to its center. By following the development of legal pluralism in Cohen's writings, Architect of Justice demonstrates a largely unrecognized continuity in American legal thought between the Progressive Era and ongoing debates about multiculturalism and minority rights today. A landmark work in American legal history, this biography also makes clear the major contribution Felix S. Cohen made to America's legal and political landscape through his scholarship and his service to the American government.

Architect of Justice

Architect of Justice PDF Author: Dalia Tsuk Mitchell
Publisher: Cornell University Press
ISBN: 9780801439568
Category : Biography & Autobiography
Languages : en
Pages : 392

Get Book Here

Book Description
A major figure in American legal history during the first half of the twentieth century, Felix Solomon Cohen (1907-1953) is best known for his realist view of the law and his efforts to grant Native Americans more control over their own cultural, political, and economic affairs. A second-generation Jewish American, Cohen was born in Manhattan, where he attended the College of the City of New York before receiving a Ph.D. in philosophy from Harvard University and a law degree from Columbia University. Between 1933 and 1948 he served in the Solicitor's Office of the Department of the Interior, where he made lasting contributions to federal Indian law, drafting the Indian Reorganization Act of 1934, the Indian Claims Commission Act of 1946, and, as head of the Indian Law Survey, authoring The Handbook of Federal Indian Law (1941), which promoted the protection of tribal rights and continues to serve as the basis for developments in federal Indian law.In Architect of Justice, Dalia Tsuk Mitchell provides the first intellectual biography of Cohen, whose career and legal philosophy she depicts as being inextricably bound to debates about the place of political, social, and cultural groups within American democracy. Cohen was, she finds, deeply influenced by his own experiences as a Jewish American and discussions within the Jewish community about assimilation and cultural pluralism as well the persecution of European Jews before and during World War II.Dalia Tsuk Mitchell uses Cohen's scholarship and legal work to construct a history of legal pluralism--a tradition in American legal and political thought that has immense relevance to contemporary debates and that has never been examined before. She traces the many ways in which legal pluralism informed New Deal policymaking and demonstrates the importance of Cohen's work on behalf of Native Americans in this context, thus bringing federal Indian law from the margins of American legal history to its center. By following the development of legal pluralism in Cohen's writings, Architect of Justice demonstrates a largely unrecognized continuity in American legal thought between the Progressive Era and ongoing debates about multiculturalism and minority rights today. A landmark work in American legal history, this biography also makes clear the major contribution Felix S. Cohen made to America's legal and political landscape through his scholarship and his service to the American government.

Termination's Legacy

Termination's Legacy PDF Author: R. Warren Metcalf
Publisher: U of Nebraska Press
ISBN: 9780803232013
Category : Political Science
Languages : en
Pages : 342

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Book Description
Termination's Legacy describes how the federal policy of termination irrevocably affected the lives of a group of mixed-blood Ute Indians who made their home on the Uintah-Ouray Reservation in Utah. Following World War II many Native American communities were strongly encouraged to terminate their status as wards of the federal government and develop greater economic and political power for themselves. During this era, the rights of many Native communities came under siege, and the tribal status of some was terminated. Most of the terminated communities eventually regained tribal status and federal recognition in subsequent decades. But not all did. The mixed-blood Utes fell outside the formal categories of classification by the federal government, they did not meet the essentialist expectations of some officials of the Mormon Church, and their regaining of tribal status potentially would have threatened those Utes already classified as tribal members on the reservation. Skillfully weaving together interviews and extensive archival research, R. Warren Metcalf traces the steps that led to the termination of the mixed-blood Utes' tribal status and shows how and why this particular group of Native Americans was never formally recognized as "Indian" again. Their repeated failure to regain their tribal status throws into relief the volatile key issue of identity then and today for full- and mixed-blood Native Americans, the federal government, and the powerful Mormon Church in Utah.

The People Are Dancing Again

The People Are Dancing Again PDF Author: Charles Wilkinson
Publisher: University of Washington Press
ISBN: 0295802014
Category : History
Languages : en
Pages : 576

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Book Description
The history of the Siletz is in many ways the history of all Indian tribes in America: a story of heartache, perseverance, survival, and revival. It began in a resource-rich homeland thousands of years ago and today finds a vibrant, modern community with a deeply held commitment to tradition. The Confederated Tribes of Siletz Indians�twenty-seven tribes speaking at least ten languages�were brought together on the Oregon Coast through treaties with the federal government in 1853�55. For decades after, the Siletz people lost many traditional customs, saw their languages almost wiped out, and experienced poverty, killing diseases, and humiliation. Again and again, the federal government took great chunks of the magnificent, timber-rich tribal homeland, a reservation of 1.1 million acres reaching a full 100 miles north to south on the Oregon Coast. By 1956, the tribe had been �terminated� under the Western Oregon Indian Termination Act, selling off the remaining land, cutting off federal health and education benefits, and denying tribal status. Poverty worsened, and the sense of cultural loss deepened. The Siletz people refused to give in. In 1977, after years of work and appeals to Congress, they became the second tribe in the nation to have its federal status, its treaty rights, and its sovereignty restored. Hand-in-glove with this federal recognition of the tribe has come a recovery of some land--several hundred acres near Siletz and 9,000 acres of forest--and a profound cultural revival. This remarkable account, written by one of the nation�s most respected experts in tribal law and history, is rich in Indian voices and grounded in extensive research that includes oral tradition and personal interviews. It is a book that not only provides a deep and beautifully written account of the history of the Siletz, but reaches beyond region and tribe to tell a story that will inform the way all of us think about the past. Watch the book trailer: https://www.youtube.com/watch?v=NEtAIGxp6pc

Battle for the BIA

Battle for the BIA PDF Author: David W. Daily
Publisher: University of Arizona Press
ISBN: 0816544891
Category : History
Languages : en
Pages : 236

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Book Description
By the end of the nineteenth century, Protestant leaders and the Bureau of Indian Affairs had formed a long-standing partnership in the effort to assimilate Indians into American society. But beginning in the 1920s, John Collier emerged as part of a rising group of activists who celebrated Indian cultures and challenged assimilation policies. As commissioner of Indian affairs for twelve years, he pushed legislation to preserve tribal sovereignty, creating a crisis for Protestant reformers and their sense of custodial authority over Indians. Although historians have viewed missionary opponents of Collier as faceless adversaries, one of their leading advocates was Gustavus Elmer Emmanuel Lindquist, a representative of the Home Missions Council of the Federal Council of Churches. An itinerant field agent and lobbyist, Lindquist was in contact with reformers, philanthropists, government officials, other missionaries, and leaders in practically every Indian community across the country, and he brought every ounce of his influence to bear in a full-fledged assault on Collier’s reforms. David Daily paints a compelling picture of Lindquist’s crusade—a struggle bristling with personal animosity, political calculation, and religious zeal—as he promoted Native Christian leadership and sought to preserve Protestant influence in Indian affairs. In the first book to address this opposition to Collier’s reforms, he tells how Lindquist appropriated the arguments of the radical assimilationists whom he had long opposed to call for the dismantling of the BIA and all the forms of race-based treatment that he believed were associated with it. Daily traces the shifts in Lindquist’s thought regarding the assimilation question over the course of half a century, and in revealing the efforts of this one individual he sheds new light on the whole assimilation controversy. He explicates the role that Christian Indian leaders played in both fostering and resisting the changes that Lindquist advocated, and he shows how Protestant leaders held on to authority in Indian affairs during Collier’s tenure as commissioner. This survey of Lindquist’s career raises important issues regarding tribal rights and the place of Native peoples in American society. It offers new insights into the domestic colonialism practiced by the United States as it tells of one of the great untold battles in the history of Indian affairs.

Regulation and the Performance of Communication and Information Networks

Regulation and the Performance of Communication and Information Networks PDF Author: Gerald R. Faulhaber
Publisher: Edward Elgar Publishing
ISBN: 1781007144
Category : Law
Languages : en
Pages : 378

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Book Description
'Due to their economic characteristics and also to their consequences on many aspects of collective life, information networks have always been at the edge of regulatory innovations and at the center of policy debates. The contributors of this volume combine long term visions of the factors determining regulatory policies with up-to-date analyses of technicalities to be dealt with, to provide the reader with an extended understanding of the issues and constraints shaping the future of digital networks.' Eric Brousseau, Université Paris-Dauphine, France and the European University Institute, Italy Digital markets worldwide are in rapid flux. The Internet and World Wide Web have traditionally evolved in a largely deregulated environment, but recently governments have shown great interest in this rapidly developing sector and are imposing regulations for a variety of reasons that are changing the shape of these industries. This book explores why the industrial organization of broadband ISPs, Internet backbone providers and content/application providers are in such turmoil. The expert contributors straddle the turbulent past of the telecoms sector and also contribute to its exciting though unpredictable future via positive analysis of past communications policies, which is then utilized to deduce lessons to guide future policy making decisions. It is illustrated that broadband ISPs no longer simply provide a conduit for service delivery; they are also involved in producing content and transaction services themselves, in competition with content and delivery providers. The blurring of the traditional lines between these three sectors, as each enters into the others' markets, is highlighted. The conclusion is that we are witnessing the emergence of powerful, competing platforms, linked in complex ways that challenge traditional economic analyses. Exploring governance issues, regulation and investment, next-generation service markets and wireless communication, this book will prove a fascinating and illuminating read for scholars, researchers, post-graduate students and policymakers with an interest in ICT, technology and innovation, economics and industrial organization.

Indian Metropolis

Indian Metropolis PDF Author: James B. LaGrand
Publisher: University of Illinois Press
ISBN: 9780252027727
Category : History
Languages : en
Pages : 316

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Book Description
"More than an outgrowth of public policy implemented by the Bureau of Indian Affairs, the exodus of American Indians from reservations to cities was linked to broader patterns of social and political change after World War II. Indian Metropolis places the Indian people within the context of many of the twentieth century's major themes, including rural to urban migration, the expansion of the wage labor economy, increased participation in and acceptance of political radicalism, and growing interest in ethnic nationalism."--Jacket.

We are an Indian Nation

We are an Indian Nation PDF Author: Jeffrey P. Shepherd
Publisher: University of Arizona Press
ISBN: 9780816529049
Category : History
Languages : en
Pages : 310

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Book Description
Though not as well known as the U.S. military campaigns against the Apache, the ethnic warfare conducted against indigenous people of the Colorado River basin was equally devastating. In less than twenty-five years after first encountering Anglos, the Hualapais had lost more than half their population and nearly all their land and found themselves consigned to a reservation. This book focuses on the historical construction of the Hualapai Nation in the face of modern American colonialism. Drawing on archival research, interviews, and participant observation, Jeffrey Shepherd describes how thirteen bands of extended families known as The Pai confronted American colonialism and in the process recast themselves as a modern Indigenous nation. Shepherd shows that Hualapai nation-building was a complex process shaped by band identities, competing visions of the past, creative reactions to modernity, and resistance to state power. He analyzes how the Hualapais transformed an externally imposed tribal identity through nationalist discourses of protecting aboriginal territory; and he examines how that discourse strengthened the Hualapais’ claim to land and water while simultaneously reifying a politicized version of their own history. Along the way, he sheds new light on familiar topics—Indian–white conflict, the creation of tribal government, wage labor, federal policy, and Native activism—by applying theories of race, space, historical memory, and decolonization. Drawing on recent work in American Indian history and Native American studies, Shepherd shows how the Hualapai have strived to reclaim a distinct identity and culture in the face of ongoing colonialism. We Are an Indian Nation is grounded in Hualapai voices and agendas while simultaneously situating their history in the larger tapestry of Native peoples’ confrontations with colonialism and modernity.

Remapping Sovereignty

Remapping Sovereignty PDF Author: David Myer Temin
Publisher: University of Chicago Press
ISBN: 0226827275
Category : Social Science
Languages : en
Pages : 271

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Book Description
An examination of anticolonial thought and practice across key Indigenous thinkers. Accounts of decolonization routinely neglect Indigenous societies, yet Native communities have made unique contributions to anticolonial thought and activism. Remapping Sovereignty examines how twentieth-century Indigenous activists in North America debated questions of decolonization and self-determination, developing distinctive conceptual approaches that both resonate with and reformulate key strands in other civil rights and global decolonization movements. In contrast to decolonization projects that envisioned liberation through state sovereignty, Indigenous theorists emphasized the self-determination of peoples against sovereign state supremacy and articulated a visionary politics of decolonization as earthmaking. Temin traces the interplay between anticolonial thought and practice across key thinkers, interweaving history and textual analysis. He shows how these insights broaden the political and intellectual horizons open to us today.

"We Are Still Here"

Author: Peter Iverson
Publisher: John Wiley & Sons
ISBN: 1118751701
Category : History
Languages : en
Pages : 374

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Book Description
In addition to revisions and updates, the second edition of “We Are Still Here” features new material, seeing this well-loved American History Series volume maintain its treatment of American Indians in the 20th century while extending its coverage into the opening decades of the 21st century. Provides student and general readers concise and engaging coverage of contemporary history of American Indians contributed by top scholars and instructors in the field Represents an ideal supplement to any U.S. or Native American survey text Includes a completely up-to-date synthesis of the most current literature in the field Features a comprehensive Bibliographical Essay that serves to aid student research and writing Covers American Indian history from 1890 through 2013

Poverty in the United States

Poverty in the United States PDF Author: John R. Burch Jr.
Publisher: Bloomsbury Publishing USA
ISBN: 1440858500
Category : Social Science
Languages : en
Pages : 449

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Book Description
This collection of documents contextualizes the ways in which Americans have addressed the evolving challenges of poverty throughout U.S. history. Each document is accompanied by an analysis that both summarizes its content and considers its impact. Poverty has always been a part of the fabric of American life, and this installment in the Documentary and Reference Guides series fills the gaps left by most educational treatments of the subject, beginning with an examination of poverty at the state and local levels as it was during the early 19th century. A federal plan for addressing poverty was not devised until Franklin Delano Roosevelt launched the New Deal in the 1930s. As these 70 chronologically arranged documents illustrate, the unfinished business of the New Deal, interrupted by World War II, culminated in new legislation during John F. Kennedy's New Frontier and Lyndon B. Johnson's War on Poverty; progress, however, fell victim to the Vietnam War, ushering in decades of rollbacks under presidents of both parties. Noted scholar and librarian John R. Burch Jr. provides thorough coverage of these and contemporary events throughout which poverty has endured, including the Great Recession of 2008–2009, the minimum wage debate, and the Affordable Care Act and attempts to repeal it.