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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.
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
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.
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.
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.
'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.
Before the Coushatta Tribe of Louisiana became one of the state's top private employers--with its vast landholdings and economic enterprises--they lived well below the poverty line and lacked any clear legal status. After settling in the Bayou Blue in 1884, they forged friendships with their neighbors, sparked local tourism, and struck strategic alliances with civic and business leaders, aid groups, legislators, and other tribes. Coushattas also engaged the public with stories about the tribe's culture, history, and economic interests that intersected with the larger community, all while battling legal marginalization exacerbated by inconsistent government reports regarding their citizenship, treaty status, and eligibility for federal Indian services. Well into the twentieth century, the tribe had to overcome several major hurdles, including lobbying the Louisiana legislature to pass the state's first tribal recognition resolution (1972), convincing the Department of the Interior to formally acknowledge the Coushatta Tribe through administrative channels (1973), and engaging in an effort to acquire land and build infrastructure. Basket Diplomacy demonstrates how the Coushatta community worked together--each generation laying a foundation for the next--and how they leveraged opportunities so that existing and newly acquired knowledge, timing, and skill worked in tandem.
Unlike current survey articles and textbooks, here the so-called confluence and termination hierarchies play a key role. Throughout, the relationships between the properties in the hierarchies are reviewed, and it is shown that for every implication X => Y in the hierarchies, the property X is undecidable for all term rewriting systems satisfying Y. Topics covered include: the newest techniques for proving termination of rewrite systems; a comprehensive chapter on conditional term rewriting systems; a state-of-the-art survey of modularity in term rewriting, and a uniform framework for term and graph rewriting, as well as the first result on conditional graph rewriting.
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.
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.