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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 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.
When the U.S. government ended its relationship with dozens of Native American tribes and bands between 1953 and 1966, it was engaging in a massive social experiment. Congress enacted the program, known as termination, in the name of ?freeing? the Indians from government restrictions and improving their quality of life. However, removing the federal status of more than nine dozen tribes across the country plunged many of their nearly 13,000 members into deeper levels of poverty and eroded the tribal people?s sense of Native identity. Beginning in 1973 and extending over a twenty-year period, the terminated tribes, one by one, persuaded Congress to restore their ties to the federal government. Nonetheless, so much damage had been done that even today the restored tribes struggle to overcome the problems created by those terminations a half century ago. ø Roberta Ulrich provides a concise overview of all the terminations and restorations of Native American tribes from 1953 to 2006 and explores the enduring policy implications for Native peoples. This is the first book to consider all the terminations and restorations in the twentieth century as part of continuing policy while detailing some of the individual tribal differences. Drawing from Congressional records, interviews with tribal members, and other primary sources, Ulrich delves into the causes and effects of termination and restoration from both sides.
Psychoanalysis can make a huge difference in the lives of patients, their families and others they encounter. Myths have developed, however, about how psychoanalysis should end – what patients experience and what analysts do. These expectations come primarily from accounts by analysts in the analytic literature which are often perpetuated in an oversimplified form in teaching. Patients' perspectives are rarely presented. I her book, Judy Leopold Kantrowitz seeks to address this omission. Exploring the accounts of 82 former analysands, she illustrates the rich diversity of psychoanalytic endings and ways of maintaining analytic benefits after ending; in presenting patients' experiences Kantrowitz provides correctives for some myths about termination. Myths of termination: What patients can teach psychoanalysts about endings is not a book that seeks to refute or support any specific idea about a best way of ending analysis, but rather to show that there are countless ways of having a satisfactory conclusion to the process. Nor is the author espousing any particular analytic theory. Kantrowitz sets out to show that an oversimplified view of psychoanalytic endings not only diminishes an appreciation of the diversity of psychoanalytic outcomes but may also interfere with the creativity of individual psychoanalysts. In this book, former analysands describe and illustrate how their analyses ended. They reflect on the effect of non-mutual endings due to external factors (moving, retirement, illness or death) or psychological factors (wishing to avoid facing some issue); the impact of post-analytic contact; and the ways in which they have held on to their analytic benefits after ending their analyses. Myths of termination confronts and refutes the myths about the termination phase of psychoanalysis that are passed from generation to generation. It is a refreshing and insightful study that will be welcomed by psychoanalysts, psychodynamic therapists, such as clinical psychologists, social workers, and others trained or in training to do clinical work.
'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.
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.
Bartering with the Bones of their Dead tells the unique story of a tribe whose members waged a painful and sometimes bitter twenty-year struggle among themselves about whether to give up their status as a sovereign nation. Over one hundred federally recognized Indian tribes and bands lost their sovereignty after the Eisenhower Administration enacted a policy known as termination, which was carefully designed to end the federal-Indian relationship and to dissolve Indian identity. Most tribes and bands fought this policy; the Colville Confederated Tribes of north-central Washington State offer a rare example of a tribe who pursued termination. Some Colville tribal members who favored termination wanted a life free from federal supervision and a return to the era when each band of the confederation managed its own affairs. Other termination advocates simply sought the financial payout that termination promised. Opponents of termination wanted to protect tribal identities and lands, hoped to preserve the Colville heritage and homeland for future generations, and sought to compel the federal government to live up to its promises. Laurie Arnold tells the story of those years on the Colville reservation with the perspective both of a thorough and careful historian and of an insider who grew up listening to the voices and memories of her elders. Watch the book trailer: http://www.youtube.com/watch?v=4N_jvwYb6z0
The daughter of Oklahoma sodbusters and a student of Fredrick Jackson Turner protege Edward Evert Dale, Angie Debo was unlikely forerunner of the New Western History. Her studies on the Five Tribes presented the Native American point of view and incorporated ethnology insights more than a decade before.
For the first time, the Oneidas of Wisconsin tell their own story in this richly diverse, authoritative contemporary history. A Nation within a Nation gathers first-person accounts, biographical essays, and scholars’ investigations in a sweeping and provocative consideration of the period of 1900-1969.
Rising from the Ashes explores continuing Native American political, social, and cultural survival and resilience with a focus on the life of Numiipuu (Nez Perce) anthropologist Archie M. Phinney. He lived through tumultuous times as the Bureau of Indian Affairs implemented the Indian Reorganization Act, and he built a successful career as an indigenous nationalist, promoting strong, independent American Indian nations. Rising from the Ashes analyzes concepts of indigenous nationalism and notions of American Indian citizenship before and after tribes found themselves within the boundaries of the United States. Collaborators provide significant contributions to studies of Numiipuu memory, land, loss, and language; Numiipuu, Palus, and Cayuse survival, peoplehood, and spirituality during nineteenth-century U.S. expansion and federal incarceration; Phinney and his dedication to education, indigenous rights, responsibilities, and sovereign Native Nations; American Indian citizenship before U.S. domination and now; the Jicarilla Apaches' self-actuated corporate model; and Native nation-building among the Numiipuu and other Pacific Northwestern tribal nations. Anchoring the collection is a twenty-first-century analysis of American Indian decolonization, sovereignty, and tribal responsibilities and responses.