front cover of All Is True
All Is True
The Claims and Strategies of Realist Fiction
Lilian R. Furst
Duke University Press, 1995
"All is true," realist writers would say of their work, to which critics now respond: All is art and artifice. Offering a new approach to reading nineteenth-century realist fiction, Lilian R. Furst seeks to reconcile these contradictory claims. In doing so, she clarifies the deceptions, appropriations, intentions, and ultimately the power of literary realism.
In close textual analyses of works ranging across European and American literature, including paradigmatic texts by Balzac, Flaubert, George Eliot, Zola, Henry James, and Thomas Mann, Furst shows how the handling of time, the presentation of place, and certain narrational strategies have served the realists’ claim. She demonstrates how readers today, like those a hundred years ago, are convinced of the authenticity of the created illusion by such means as framing, voice, perspective, and the slippage from metonymy to metaphor. Further, Furst reveals the pains the realists took to conceal these devices, and thus to protect their claim to be employing a simple form. Taking into account both the claims and the covert strategies of these writers, All Is True puts forward an alternative to the conventional polarized reading of the realist text—which emerges here as neither strictly an imitation of an extraneous model nor simply a web of words but a brilliantly complex imbrication of the two.
A major statement on one of the most enduring forms in cultural history, this book promises to alter not only our view of realist fiction but our understanding of how we read it.
[more]

front cover of And Justice for All?
And Justice for All?
The Claims of Human Rights, Volume 103
Ian Balfour and Eduardo Cadava, eds.
Duke University Press
Questions of human rights are among the most pressing and intractable matters at this historical moment. If claims to human rights are by definition universal, the formulation, legislation, and implementation of them tend to be significantly less than universal. And Justice for All? a special issue of SAQ, examines the idea and the reality of human rights and their attendant discourses. The essays gathered here—from academics and activists working in law, philosophy, political theory, literature, medicine, and ngos—collectively interrogate these universal claims to human rights and the political justice that may or may not follow from them.

Grappling with the philosophical and theoretical questions at the heart of human rights, these essays take into consideration current political configurations such as sovereignty, genocide, humanitarian intervention, and the neglected domain of cultural rights (the right to a cultural identity). Drawing on Enlightenment thinking about human rights at the same time that they analyze the central concepts at work there—including the “humanity of man” and the nature of rights or of law—the contributors make a necessary intervention in a world system that Enlightenment thinkers could scarcely have envisioned.

Contributors. Etienne Balibar, Rony Brauman, Wendy Brown, Rebecca Comay, Jacques Derrida, Paul Downes, Werner Hamacher, Thomas Keenan, Susan Maslan, Jacques Rancière, Bruce Robbins, Avital Ronell, Gayatri Chakravorty Spivak, Elsa Stamatopoulou, Slavoj Zizek

[more]

front cover of Bitter Water
Bitter Water
Diné Oral Histories of the Navajo-Hopi Land Dispute
Edited and Translated by Malcolm D. Benally; Foreword by Jennifer Nez Denetdale
University of Arizona Press, 2011
Many know that the removal and relocation of Indigenous peoples from traditional lands is a part of the United States’ colonial past, but few know that—in an expansive corner of northeastern Arizona—the saga continues. The 1974 Settlement Act officially divided a reservation established almost a century earlier between the Diné (Navajo) and the Hopi, and legally granted the contested land to the Hopi. To date, the U.S. government has relocated between 12,000 and 14,000 Diné from Hopi Partitioned Lands, and the Diné—both there and elsewhere—continue to live with the legacy of this relocation.

Bitter Water presents the narratives of four Diné women who have resisted removal but who have watched as their communities and lifeways have changed dramatically. The book, based on 25 hours of filmed personal testimony, features the women’s candid discussions of their efforts to carry on a traditional way of life in a contemporary world that includes relocation and partitioned lands; encroaching Western values and culture; and devastating mineral extraction and development in the Black Mesa region of Arizona. Though their accounts are framed by insightful writings by both Benally and Diné historian Jennifer Nez Denetdale, Benally lets the stories of the four women elders speak for themselves.

Scholars, media, and other outsiders have all told their versions of this story, but this is the first book that centers on the stories of women who have lived it—in their own words in Navajo as well as the English translation. The result is a living history of a contested cultural landscape and the unique worldview of women determined to maintain their traditions and lifeways, which are so intimately connected to the land. This book is more than a collection of stories, poetry, and prose. It is a chronicle of resistance as spoken from the hearts of those who have lived it.
[more]

front cover of The Catholic Church and American Culture
The Catholic Church and American Culture
Why the Claims of Dan Brown Strike a Chord
Eric A. Plumer
University of Scranton Press, 2009

More than fifty books debunking the religious claims of The Da Vinci Code have been published.  Thisis the first book devoted to the fundamentally more interesting question: if those claims are so unfounded and erroneous, why have they resonated so strongly with millions of intelligent readers and filmgoers?

From the sexual abuse scandal that shook the foundations of the Catholic Church to the 9/11 terrorist attacks that cast a cloud over a troubled nation, Eric Plumer’s The Catholic Church and American Culture: Why the Claims of the DaVinci Code Struck a Chord investigates the contemporary events, ideas, and movements that fostered Dan Brown’s unprecedented dominance of best-seller lists and dinner-table conversation. This ambitious book considers the feminist movement, radical individualism, twelve-step programs, the authority of science and psychology, and other cultural developments that paved the way for The Da Vinci Code craze. It also reflects on the recent publication of the Gnostic Gospels, including the Gospel of Mary Magdalene. Plumer’s engaging book is sure to stimulate further discussion about the role of religion in contemporary life.

[more]

front cover of China’s Naval Operations in the South China Sea
China’s Naval Operations in the South China Sea
Evaluating Legal, Strategic and Military Factors
Bruce Elleman
Amsterdam University Press, 2017
This book provides a history of the South China Sea conflict and lays out the stakes for each of the bordering states and China’s interaction with them – namely, Vietnam, the Philippines, Brunei, Malaysia, Taiwan, and Indonesia; it also examines the U.S. government’s role in the region. China’s Naval Operations in the South China Sea is highly topical; it examines the evolving perception of the People’s Republic of China’s (PRC) of the South China Sea (SCS), and Beijing’s accompanying maritime strategy to claim the islands and waters, particularly in the context of the strategies of the neighbouring stake-holding nations. In addition to long-standing territorial disputes over the islands and waters of the SCS, China and the other littoral states — Vietnam, the Philippines, Brunei, Malaysia, Taiwan, and Indonesia — have growing and often mutually exclusive interests in the offshore energy reserves and fishing grounds. Many other countries outside of the region worry about the protection of sea lines of communication for military and commercial traffic, oil tankers in particular. These differences have been expressed in the increasing frequency and intensity of maritime incidents, involving both naval and civilian vessels, sometimes working in coordination against naval or civilian targets. Each chapter on the littoral states closely examines that state’s territorial claims to the islands and waters of the SCS, its primary economic and military interests in these areas, its views on the sovereignty disputes over the entire SCS, its strategy to achieve its objectives, and its views on the U.S. involvement in any and all of these issues.
[more]

front cover of The Clay We Are Made Of
The Clay We Are Made Of
Haudenosaunee Land Tenure on the Grand River
Susan M. Hill
University of Manitoba Press, 2017

front cover of The Cunning of Recognition
The Cunning of Recognition
Indigenous Alterities and the Making of Australian Multiculturalism
Elizabeth A. Povinelli
Duke University Press, 2002
The Cunning of Recognition is an exploration of liberal multiculturalism from the perspective of Australian indigenous social life. Elizabeth A. Povinelli argues that the multicultural legacy of colonialism perpetuates unequal systems of power, not by demanding that colonized subjects identify with their colonizers but by demanding that they identify with an impossible standard of authentic traditional culture.
Povinelli draws on seventeen years of ethnographic research among northwest coast indigenous people and her own experience participating in land claims, as well as on public records, legal debates, and anthropological archives to examine how multicultural forms of recognition work to reinforce liberal regimes rather than to open them up to a true cultural democracy. The Cunning of Recognition argues that the inequity of liberal forms of multiculturalism arises not from its weak ethical commitment to difference but from its strongest vision of a new national cohesion. In the end, Australia is revealed as an exemplary site for studying the social effects of the liberal multicultural imaginary: much earlier than the United States and in response to very different geopolitical conditions, Australian nationalism renounced the ideal of a unitary European tradition and embraced cultural and social diversity.
While addressing larger theoretical debates in critical anthropology, political theory, cultural studies, and liberal theory, The Cunning of Recognition demonstrates that the impact of the globalization of liberal forms of government can only be truly understood by examining its concrete—and not just philosophical—effects on the world.
[more]

front cover of A Dangerous Idea
A Dangerous Idea
The Alaska Native Brotherhood and the Struggle for Indigenous Rights
Peter Metcalfe
University of Alaska Press, 2014
Decades before the marches and victories of the 1960s, a group of Alaska Natives were making civil rights history. Throughout the early twentieth century, the Alaska Native Brotherhood fought for citizenship, voting rights, and education for all Alaska Natives, securing unheard-of victories in a contentious time. Their unified work and legal prowess propelled the Alaska Native Claims Settlement Act, one of the biggest claim settlements in United States history.

A Dangerous Idea tells an overlooked but powerful story of Alaska Natives fighting for their rights under American law and details one of the rare successes for Native Americans in their nearly two-hundred-year effort to define and protect their rights.
[more]

front cover of Dispossession
Dispossession
Plundering German Jewry, 1933-1953
Christoph Kreutzmüller and Jonathan R. Zatlin, Editors
University of Michigan Press, 2020
This collection of essays by a range of international, multidisciplinary scholars explores the financial history, social significance, and cultural meanings of the theft, starting in 1933, of assets owned by German Jews. Despite the fraught topic and the ongoing legal discussions, the subject has not received much scholarly attention until now. This volume offers a much needed contribution to our understanding of the history of the period and the acts. The essays examine the confiscatory taxation of Jewish property, the looting of art and confiscation of gold, the role of German freight forwarders in property theft, salesmen and dispossession in the retail world, theft from the elderly, and the complicity of the banking industry, as well as the reach of the practice beyond German borders.
[more]

logo for Harvard University Press
Ghost Dancing the Law
The Wounded Knee Trials
John William Sayer
Harvard University Press, 1997

After the siege ended at Wounded Knee, the real battle had yet to be fought. The 1973 standoff in South Dakota between Oglala Lakota Indians and federal lawmen led to the criminal prosecution of American Indian Movement leaders Dennis Banks and Russell Means. The ten-month trial had all the earmarks of a political tribunal; with the defense led by William Kunstler and the prosecution backed by the Nixon administration, it became a media battle for public opinion.

This first book-length study of the Wounded Knee trials demonstrates the impact that legal institutions and the media have on political dissent. It also shows how the dissenters as defendants can influence these institutions and the surrounding political and cultural climate. AIM and its attorneys successfully turned the courtroom into a political forum on the history of U.S.-Indian relations but were often frustrated in telling their story by the need to observe legal procedures--and by the media's stereotyping them as Indian warriors or sixties militants. John Sayer draws on court records, news reports, and interviews with participants to show how the defense, and ultimately the prosecution, had to respond continually to legal constraints, media coverage, and political events taking place outside the courtroom.

Although Banks and Means and most of the other protesters were acquitted, Sayer notes that the confinement of AIM protests to the courtroom robbed the movement of considerable momentum. Ghost Dancing the Law shows how legal proceedings can effectively quell dissent and represents both a critical chapter in the struggle of Native Americans and an important milestone at the crossroads of law and politics.

[more]

logo for University of Chicago Press
Hot Property
The Stakes and Claims of Literary Originality
Françoise Meltzer
University of Chicago Press, 1994
But is it original? The question, on which so much of writing stakes its claim to greatness, may be more interesting than the answer. In this provocative book, Francoise Meltzer takes a subtle and incisive look at the anxiety of origins at the heart of the literary enterprise. Using four case studies, Meltzer reveals the shaky status of originality as a founding principle of the critical establishment.

Freud, inventor of "dream work," turns a blind eye upon the dreams that were the starting point of his predecessor Descartes's famous methode, the one man's obsession with originality mirroring the other's fear of plagiarism. The Holocaust poet Paul Celan, whose sense of identity and place resided in his work, is devastated by a charge of plagiarism. Colette's husband Willy outdoes himself, and his "lazy" wife as well, with his enactment of literary seriousness. Walter Benjamin's early interpreters, notably Hannah Arendt and Theodor Adorno, insidiously undermine the originality of his project . In each of these cases, Meltzer shows how a threat to a writer's status as creator betrays the larger fraud of the originality myth itself.

Fascinating for its insights into the ways originality is both at risk and at work in Western literary culture, Hot Property will engage all those who have an interest in questions of authorship, textual soveriegnty, and the legitimacy of the critical establishment.
[more]

front cover of Huichol Territory and the Mexican Nation
Huichol Territory and the Mexican Nation
Indigenous Ritual, Land Conflict, and Sovereignty Claims
Paul M. Liffman
University of Arizona Press, 2011
The Huichol (Wixarika) people claim a vast expanse of Mexico’s western Sierra Madre and northern highlands as a territory called kiekari, which includes parts of the states of Nayarit, Jalisco, Durango, Zacatecas, and San Luis Potosí. This territory forms the heart of their economic and spiritual lives. But indigenous land struggle is a central fact of Mexican history, and in this fascinating new work Paul Liffman expands our understanding of it. Drawing on contemporary anthropological theory, he explains how Huichols assert their sovereign rights to collectively own the 1,500 square miles they inhabit and to practice rituals across the 35,000 square miles where their access is challenged. Liffman places current access claims in historical perspective, tracing Huichol communities’ long-term efforts to redress the inequitable access to land and other resources that their neighbors and the state have imposed on them.

Liffman writes that “the cultural grounds for territorial claims were what the people I wanted to study wanted me to work on.” Based on six years of collaboration with a land-rights organization, interviews, and participant observation in meetings, ceremonies, and extended stays on remote rancherías, Huichol Territory and the Mexican Nation analyzes the sites where people define Huichol territory. The book’s innovative structure echoes Huichols’ own approach to knowledge and examines the nation and state, not just the community. Liffman’s local, regional, and national perspective informs every chapter and expands the toolkit for researchers working with indigenous communities. By describing Huichols’ ceremonially based placemaking to build a theory of “historical territoriality,” he raises provocative questions about what “place” means for native peoples worldwide.
[more]

front cover of In Defense of Sovereignty
In Defense of Sovereignty
Protecting the Oneida Nation's Inherent Right to Self-Determination
Rebecca M. Webster
University of Wisconsin Press, 2023
In Defense of Sovereignty recounts the history of the Oneida Nation and its struggles for self-determination. Since the nation’s removal from New York in the 1820s to what would become the state of Wisconsin, it has been engaged in legal conflicts with US actors to retain its sovereignty and its lands. Legal scholar and former Oneida Nation senior staff attorney Rebecca M. Webster traces this history, including the nation’s treaties with the US but focusing especially on its relationship with the village of Hobart, Wisconsin. Since 2003 there have been six disputes that have led to litigation between the local government and the nation. Central to these disputes are the local government’s attempts to regulate the nation and relegate its government to the position of a common landowner, subject to municipal authority.

As in so many conflicts between Indigenous nations and local municipalities, the media narrative about the Oneida Nation’s battle for sovereignty has been dominated by the local government’s standpoint. In Defense of Sovereignty offers another perspective, that of a nation citizen directly involved in the litigation, augmented by contributions from historians, attorneys, and a retired nation employee. It makes an important contribution to public debates about the inherent right of Indigenous nations to continue to exist and exercise self-governance within their territories without being challenged at every turn.
[more]

front cover of In Divided Unity
In Divided Unity
Haudenosaunee Reclamation at Grand River
Theresa McCarthy
University of Arizona Press, 2016
Winner of the Best First Book in Native American and Indigenous Studies Prize

In February 2006, the Six Nations occupation of a 132-acre construction site in Caledonia, Ontario, reignited a 200-year-long struggle to reclaim land and rights in the Grand River region. Framed by this ongoing reclamation, In Divided Unity explores community-based initiatives that promote Haudenosaunee traditionalism and languages at Six Nations of the Grand River as crucial enactments of sovereignty both historically and in the present.

Drawing from Haudenosaunee oral traditions, languages, and community-based theorists, In Divided Unity engages the intersecting themes of knowledge production and resistance against the backdrop of the complicated dynamics of the Six Nations community, which has the largest population of all First Nations in Canada. Comprising the Mohawk, Oneida, Onondaga, Cayuga, Seneca, and Tuscarora nations, citizens of the Six Nations Confederacy collectively refer to themselves as Haudenosaunee, which means “we build the house.”

Theresa McCarthy critiques settler colonial narratives of Haudenosaunee decline used to rationalize land theft and political subjugation. In particular, McCarthy illustrates that current efforts to discredit the reclamation continue to draw on the flawed characterizations of Haudenosaunee tradition, factionalism, and “failed” self-government popularized by conventional scholarship about the Iroquois. Countering these narratives of decline and failure, McCarthy argues that the 2006 reclamation ushered in an era of profound intellectual and political resurgence at Six Nations, propelled by the contributions of Haudenosaunee women.

Centering Haudenosaunee intellectual traditions, In Divided Unity provides an important new model for community-based activism and scholarship. Through the active practice and adaptation of ancient teachings and philosophies, McCarthy shows that the Grand River Haudenosaunee are continuing to successfully meet the challenges of reclaiming their land, political autonomy, and control of their future.
[more]

front cover of Indian Water in the New West
Indian Water in the New West
Thomas R. McGuire
University of Arizona Press, 1993
Brings together the views of engineers, lawyers, ecologists, economists, professional mediators, federal officials, an anthropologist, and a Native American tribal leader--all either students of these processes or protagonists in them--to discuss how the legitimate claims of both Indians and non-Indians to scarce water in the West are being settled.
[more]

front cover of Justice in Blue and Gray
Justice in Blue and Gray
A Legal History of the Civil War
Stephen C. Neff
Harvard University Press, 2010

Stephen C. Neff offers the first comprehensive study of the wide range of legal issues arising from the American Civil War, many of which resonate in debates to this day.

Neff examines the lawfulness of secession, executive and legislative governmental powers, and laws governing the conduct of war. Whether the United States acted as a sovereign or a belligerent had legal consequences, including treating Confederates as rebellious citizens or foreign nationals in war. Property questions played a key role, especially when it came to the process of emancipation. Executive detentions and trials by military commissions tested civil liberties, and the end of the war produced a raft of issues on the status of the Southern states, the legality of Confederate acts, clemency, and compensation. A compelling aspect of the book is the inclusion of international law, as Neff situates the conflict within the general laws of war and details neutrality issues, where the Civil War broke important new legal ground.

This book not only provides an accessible and informative legal portrait of this critical period but also illuminates how legal issues arise in a time of crisis, what impact they have, and how courts attempt to resolve them.

[more]

front cover of Land, Memory, Reconstruction, and Justice
Land, Memory, Reconstruction, and Justice
Perspectives on Land Claims in South Africa
Cherryl Walker
Ohio University Press, 2010

Land is a significant and controversial topic in South Africa. Addressing the land claims of those dispossessed in the past has proved to be a demanding, multidimensional process. In many respects the land restitution program that was launched as part of the county’s transition to democracy in 1994 has failed to meet expectations, with ordinary citizens, policymakers, and analysts questioning not only its progress but also its outcomes and parameters.

Land, Memory, Reconstruction, and Justice brings together a wealth of topical material and case studies by leading experts in the field who present a rich mix of perspectives from politics, sociology, geography, social anthropology, law, history, and agricultural economics. The collection addresses both the material and the symbolic dimensions of land claims, in rural and urban contexts, and explores the complex intersection of issues confronting the restitution program, from the promotion of livelihoods to questions of rights, identity, and transitional justice.

A valuable contribution to the field of land and agrarian studies, both in South Africa and internationally, it is undoubtedly the most comprehensive treatment to date of South Africa’s postapartheid land claims process and will be essential reading for scholars and students of land reform for years to come.

[more]

logo for Harvard University Press
Less than Slaves
Benjamin B. Ferencz
Harvard University Press, 1979

front cover of Life Among The Piutes
Life Among The Piutes
Their Wrongs And Claims
Sarah Winnemucca Hopkins
University of Nevada Press, 1994

This autobiographical work was written by one of the country's most well-known Native American women, Sarah Winnemucca. She was a Paiute princess and a major figure in the history of Nevada; her tribe still resides primarily in the state. Life Among the Piutes deals with Winnemucca's life and the plight of the Paiute Indians. Life Among the Piutes is Winnemucca's powerful legacy to both white and Paiute cultures. Following the oral tradition of Native American people, she reaches out to readers with a deeply personal appeal for understanding. She also records historical events from a unique perspective. She managed to record the Native American viewpoint of whites settling the West, told in a language that was not her own and by a woman during the time when even white women were not allowed to vote. Sarah Winnemucca dedicated her life to improving the living and social conditions for her people. She gave more than 400 speeches across the United States and Europe to gain support for the Paiutes. She died of tuberculosis in 1891. Life Among the Piutes was originally published in 1883.

[more]

front cover of The Limits of Sovereignty
The Limits of Sovereignty
Property Confiscation in the Union and the Confederacy during the Civil War
Daniel W. Hamilton
University of Chicago Press, 2006

Americans take for granted that government does not have the right to permanently seize private property without just compensation. Yet for much of American history, such a view constituted the weaker side of an ongoing argument about government sovereignty and individual rights. What brought about this drastic shift in legal and political thought?

Daniel W. Hamilton locates that change in the crucible of the Civil War. In the early days of the war, Congress passed the First and Second Confiscation Acts, authorizing the Union to seize private property in the rebellious states of the Confederacy, and the Confederate Congress responded with the broader Sequestration Act. The competing acts fueled a fierce, sustained debate among legislators and lawyers about the principles underlying alternative ideas of private property and state power, a debate which by 1870 was increasingly dominated by today’s view of more limited government power.

Through its exploration of this little-studied consequence of the debates over confiscation during the Civil War, The Limits of Sovereignty will be essential to an understanding of the place of private property in American law and legal history.

[more]

front cover of Mexico's Indigenous Communities
Mexico's Indigenous Communities
Their Lands and Histories, 1500-2010
Ethelia Ruiz Medrano
University Press of Colorado, 2010
A rich and detailed account of indigenous history in central and southern Mexico from the sixteenth to the twenty-first centuries, Mexico's Indigenous Communities is an expansive work that destroys the notion that Indians were victims of forces beyond their control and today have little connection with their ancient past. Indian communities continue to remember and tell their own local histories, recovering and rewriting versions of their past in light of their lived present.

Ethelia Ruiz Medrano focuses on a series of individual cases, falling within successive historical epochs, that illustrate how the practice of drawing up and preserving historical documents-in particular, maps, oral accounts, and painted manuscripts-has been a determining factor in the history of Mexico's Indian communities for a variety of purposes, including the significant issue of land and its rightful ownership. Since the sixteenth century, numerous Indian pueblos have presented colonial and national courts with historical evidence that defends their landholdings.

Because of its sweeping scope, groundbreaking research, and the author's intimate knowledge of specific communities, Mexico's Indigenous Communities is a unique and exceptional contribution to Mexican history. It will appeal to students and specialists of history, indigenous studies, ethnohistory, and anthropology of Latin America and Mexico

[more]

front cover of The Miami Indians of Indiana
The Miami Indians of Indiana
A Persistent People, 1654-1994
Stewart Rafert
Indiana Historical Society Press, 1996
Now scattered in small communities in northern Indiana, the Eastern Miami Indians, once a well-known tribe, have lived in undeserved obscurity since the 1840s. In recent years they have become more visible as they have sought restoration of treaty rights and have revitalized their culture. The post-removal history of the Indiana Miami tribe is a rich texture of social, legal, and economic history, much enhanced by folklore and a rich series of photographic images. In The Miami Indians of Indiana: A Persistent People, 1654–1994, Rafert explores the history and culture of the Miami Indians.
[more]

front cover of Mining, the Environment, and Indigenous Development Conflicts
Mining, the Environment, and Indigenous Development Conflicts
Saleem H. Ali
University of Arizona Press, 2003
From sun-baked Black Mesa to the icy coast of Labrador, native lands for decades have endured mining ventures that have only lately been subject to environmental laws and a recognition of treaty rights. Yet conflicts surrounding mining development and indigenous peoples continue to challenge policy-makers.

This book gets to the heart of resource conflicts and environmental impact assessment by asking why indigenous communities support environmental causes in some cases of mining development but not in others. Saleem Ali examines environmental conflicts between mining companies and indigenous communities and with rare objectivity offers a comparative study of the factors leading to those conflicts.

Mining, the Environment, and Indigenous Development Conflicts presents four cases from the United States and Canada: the Navajos and Hopis with Peabody Coal in Arizona; the Chippewas with the Crandon Mine proposal in Wisconsin; the Chipewyan Inuits, Déné and Cree with Cameco in Saskatchewan; and the Innu and Inuits with Inco in Labrador. These cases exemplify different historical relationships with government and industry and provide an instance of high and low levels of Native resistance in each country. Through these cases, Ali analyzes why and under what circumstances tribes agree to negotiated mining agreements on their lands, and why some negotiations are successful and others not.

Ali challenges conventional theories of conflict based on economic or environmental cost-benefit analysis, which do not fully capture the dynamics of resistance. He proposes that the underlying issue has less to do with environmental concerns than with sovereignty, which often complicates relationships between tribes and environmental organizations. Activist groups, he observes, fail to understand such tribal concerns and often have problems working with tribes on issues where they may presume a common environmental interest.

This book goes beyond popular perceptions of environmentalism to provide a detailed picture of how and when the concerns of industry, society, and tribal governments may converge and when they conflict. As demands for domestic energy exploration increase, it offers clear guidance for such endeavors when native lands are involved.
[more]

front cover of Nahum Goldman
Nahum Goldman
His Missions to the Gentile
Raphael Patai
University of Alabama Press, 1980
The first exploration of Nahum Goldmann and his extraordinary life
 
Nahum Goldmann (1895-1982) was a major Zionist figure for the last half-century and the chief architect of the pact pledging West Germany to pay reparations to Israel and to individual Jews for acts committed during the Nazi regime. He was co-founder of the Eschkol Publishing House in Berlin and was co-publisher of the Encyclopedia Judaica, the only major Jewish encyclopedia published in Germany.
 
 Patai’s study is the first to explore this brilliant, often irritating, and enormously successful Jewish politician and diplomat. Goldmann represented no government, yet he effected important international change. The book discusses Goldmann’s involvement with the partition controversy which led to the establishment of Israel, West German reparation payments amounting to over $36 billion, and a series of attempts to meet with Egyptian President Nasser in hopes of bringing peace to the Middle East.
 
[more]

front cover of Native Waters
Native Waters
Contemporary Indian Water Settlements and the Second Treaty Era
Daniel McCool
University of Arizona Press, 2002
Since the beginning of the reservation era, the bitter conflict between Indians and non-Indians over water rights was largely confined to the courtroom. But in the 1980s the federal government began to emphasize negotiated settlements over lawsuits, and the settlements are changing water rights in fundamental ways—not only for tribes but also for non-Indian communities that share scarce water resources with Indians. In Native Waters, Daniel McCool describes the dramatic impact these settlements are having both on Indian country and on the American West as a whole. Viewing the settlements as a second treaty era, he considers whether they will guarantee the water future of reservations—or, like treaties of old, will require tribes to surrender vast resources in order to retain a small part of their traditional homelands. As one tribal official observed, "It's like your neighbors have been stealing your horses for many years, and now we have to sit down and decide how many of those horses they get to keep." Unlike technical studies of water policy, McCool's book is a readable account that shows us real people attempting to end real disputes that have been going on for decades. He discusses specific water settlements using a combination of approaches—from personal testimony to traditional social science methodology—to capture the richness, complexity, and human texture of the water rights conflict. By explaining the processes and outcomes in plain language and grounding his presentation in relevant explanations of Indian culture, he conveys the complexity of the settlements for readers from a wide range of disciplines. Native Waters illustrates how America is coming to grips with an issue that has long been characterized by injustice and conflict, seeking to enhance our understanding of the settlements in the hope that this understanding will lead to better settlements for all parties. As one of the first assessments of a policy that will have a pervasive impact for centuries to come, it shows that how we resolve Indian water claims tells us a great deal about who we are as a nation and how we confront difficult issues involving race, culture, and the environment.
[more]

front cover of Negotiating Tribal Water Rights
Negotiating Tribal Water Rights
Fulfilling Promises in the Arid West
Bonnie G. Colby, John E. Thorson, and Sarah Britton; Foreword by David H. Getches
University of Arizona Press, 2005
Water conflicts plague every river in the West, with the thorniest dilemmas found in the many basins with Indian reservations and reserved water rights—rights usually senior to all others in over-appropriated rivers. Negotiations and litigation over tribal water rights shape the future of both Indian and non-Indian communities throughout the region, and intense competition for limited water supplies has increased pressure to address tribal water claims.

Much has been written about Indian water rights; for the many tribal and non-Indian stakeholders who rely upon western water, this book now offers practical guidance on how to negotiate them. By providing a comprehensive synthesis of western water issues, tribal water disputes, and alternative approaches to dispute resolution, it offers a valuable sourcebook for all—tribal councils, legislators, water professionals, attorneys—who need a basic understanding of the complexities of the situation.

The book reviews the history, current status, and case law related to western water while revealing strategies for addressing water conflicts among tribes, cities, farms, environmentalists, and public agencies. Drawing insights from the process, structure, and implementation of water rights settlements currently under negotiation or already agreed to, it presents a detailed analysis of how these cases evolve over time. It also provides a wide range of contextual materials, from the nuts and bolts of a Freedom of Information Act request to the hydrology of irrigation. It also includes contributed essays by expert authors on special topics, as well as interviews with key individuals active in water management and tribal water cases.

As stakeholders continue to battle over rights to water, this book clearly addresses the place of Native rights in the conflict. Negotiating Tribal Water Rights offers an unsurpassed introduction to the ongoing challenges these claims present to western water management while demonstrating the innovative approaches that states, tribes, and the federal government have taken to fulfill them while mitigating harm to both non-Indians and the environment.

[more]

front cover of On Paradox
On Paradox
The Claims of Theory
Elizabeth S. Anker
Duke University Press, 2022
In On Paradox literary and legal scholar Elizabeth S. Anker contends that faith in the logic of paradox has been the cornerstone of left intellectualism since the second half of the twentieth century. She attributes the ubiquity of paradox in the humanities to its appeal as an incisive tool for exposing and dismantling hierarchies. Tracing the ascent of paradox in theories of modernity, in rights discourse, in the history of literary criticism and the linguistic turn, and in the transformation of the liberal arts in higher education, Anker suggests that paradox not only generates the very exclusions it critiques but also creates a disempowering haze of indecision. She shows that reasoning through paradox has become deeply problematic: it engrains a startling homogeneity of thought while undercutting the commitment to social justice that remains a guiding imperative of theory. Rather than calling for a wholesale abandonment of such reasoning, Anker argues for an expanded, diversified theory toolkit that can help theorists escape the seductions and traps of paradox.
[more]

front cover of Report of an Inquiry into an Injustice
Report of an Inquiry into an Injustice
Begade Shutagot'ine and the Sahtu Treaty
Peter Kulchyski
University of Manitoba Press, 2018

front cover of Settlement, Subsistence, and Change Among the Labrador Inuit
Settlement, Subsistence, and Change Among the Labrador Inuit
David Natcher
University of Manitoba Press, 2012

front cover of Sins Of The Parents
Sins Of The Parents
Politics Of National Apologies In The U.S.
Brian A. Weiner
Temple University Press, 2005
Debates have swirled around the question of national forgiveness for the past fifty years. Using two examples—the land claims of the Oneida Indians and the claims for reparations to Japanese Americans interned during World War II—Brian Weiner suggests a way of thinking about national misdeeds. Arguing beyond collective "innocence" or "guilt," Sins of the Parents offers a model of collective responsibility to deal with past wrongs in such a way as to reinvigorate our notion of citizenship. Drawing upon the writings of Abraham Lincoln and Hannah Arendt, Weiner offers a definition of political responsibility that at once defines citizenship and sidesteps the familial, racial, and ethnic questions that often ensnare debates about national apologies. An original contribution to political theory and practice, Sins of the Parents will become a much discussed contribution in the debate about what it is to be an American.
[more]

front cover of State Formation in the Liberal Era
State Formation in the Liberal Era
Capitalisms and Claims of Citizenship in Mexico and Peru
Edited by Ben Fallaw and David Nugent
University of Arizona Press, 2020
State Formation in the Liberal Era offers a nuanced exploration of the uneven nature of nation making and economic development in Peru and Mexico. Zeroing in on the period from 1850 to 1950, the book compares and contrasts the radically different paths of development pursued by these two countries.

Mexico and Peru are widely regarded as two great centers of Latin American civilization. In State Formation in the Liberal Era, a diverse group of historians and anthropologists from the United States, the United Kingdom, and Latin America compare how the two countries advanced claims of statehood from the dawning of the age of global liberal capitalism to the onset of the Cold War. Chapters cover themes ranging from foreign banks to road building and labor relations. The introductions serve as an original interpretation of Peru’s and Mexico’s modern histories from a comparative perspective.

Focusing on the tensions between disparate circuits of capital, claims of statehood, and the contested nature of citizenship, the volume spans disciplinary and geographic boundaries. It reveals how the presence (or absence) of U.S. influence shaped Latin American history and also challenges notions of Mexico’s revolutionary exceptionality. The book offers a new template for ethnographically informed comparative history of nation building in Latin America.
 
[more]

front cover of Stories of Oka
Stories of Oka
Land, Film, and Literature
Isabelle St-Amand
University of Manitoba Press, 2018

front cover of Take My Land, Take My Life
Take My Land, Take My Life
The Story of Congress's Historic Settlement of Alaska Native Land Claims 1960-1971
Donald Craig Mitchell
University of Alaska Press, 2001

In Take My Land, Take My Life, Mitchell concludes the story of the 134-year history of the U.S. government's relations with Alaska's Native people begun in Sold American:The Story of Alaska Natives and Their Land, 1867-1959. The culmination of that tale occurred in 1971 when Congress enacted the Alaska Native Claims Settlement Act. ANCSA authorized Alaska Natives to be paid $962.5 million and to be conveyed title to 44 million acres of land. Though highly controversial, ANCSA remains the most generous settlement of aboriginal land claims in the nation's history. Mitchell's insightful, exhaustively researched work also describes the political history during the first decade of Alaska statehood, from the rise of Native organizations such as the Alaska Federation of Natives to the battles for power in the subcommittees of Congress.

Insightful and drawn from years of painstaking research of primary source materials, Sold American and Take My Land, Take My Life are an indispensable resource for readers who are interested in the history of the nation's largest state and of the federal government's involvement with Alaska's indigenous peoples.

[more]

front cover of Theft Is Property!
Theft Is Property!
Dispossession and Critical Theory
Robert Nichols
Duke University Press, 2020
Drawing on Indigenous peoples' struggles against settler colonialism, Theft Is Property! reconstructs the concept of dispossession as a means of explaining how shifting configurations of law, property, race, and rights have functioned as modes of governance, both historically and in the present. Through close analysis of arguments by Indigenous scholars and activists from the nineteenth century to the present, Robert Nichols argues that dispossession has come to name a unique recursive process whereby systematic theft is the mechanism by which property relations are generated. In so doing, Nichols also brings long-standing debates in anarchist, Black radical, feminist, Marxist, and postcolonial thought into direct conversation with the frequently overlooked intellectual contributions of Indigenous peoples.
[more]

front cover of Wages Against Artwork
Wages Against Artwork
Decommodified Labor and the Claims of Socially Engaged Art
Leigh Claire La Berge
Duke University Press, 2019
The last twenty years have seen a rise in the production, circulation, and criticism of new forms of socially engaged art aimed at achieving social justice and economic equality. In Wages Against Artwork Leigh Claire La Berge shows how socially engaged art responds to and critiques what she calls decommodified labor—the slow diminishment of wages alongside an increase in the demands of work. Outlining the ways in which socially engaged artists relate to work, labor, and wages, La Berge examines how artists and organizers create institutions to address their own and others' financial precarity; why the increasing role of animals and children in contemporary art points to the turn away from paid labor; and how the expansion of MFA programs and student debt helps create the conditions for decommodified labor. In showing how socially engaged art operates within and against the need to be paid for work, La Berge offers a new theorization of the relationship between art and contemporary capitalism.
[more]


Send via email Share on Facebook Share on Twitter