Abstract In an article entitled "The Consent Paradigm: Tribal Sovereignty at the Millennium," published in the Columbia Law Review, author Scott Gould (1996) asserts that federal Indian law has changed to the extent that presently, the nature of tribal power has been transformed from "land-based sovereignty" to "sovereignty based upon consent". The author outlines the Supreme Court's ruling in Montana vs. United States,concerning the authority of the Crow Tribe to regulate hunting and fishing by non-Indians on lands within the Tribe's reservation that were owned in fee simple by non-Indians. This is the benchmark case concerning tribal civil authority over nonmembers. This case was used in the application of another case, Strate, involving an automobile accident between an employee of A-1 Contractors -- a non-Indian owned company with its principal place of business outside the reservation, who was under contract to a wholly-owned corporation owned by the Tribes -- and a non-member, non-Indian (Fredericks), who was the widow of a deceased member of the Tribes. The court's application of the Consent Paradigm to the Strate case provides evidence that it was determined to justify the doctrine on a case-by-case basis.
From the Paper "Petitioners argued that the "exhaustion rule," as stated in National Farmers and reiterated in Iowa Mutual, justified the requirement of exhaustion of tribal remedies before allowing federal court challenges to tribal court jurisdiction on prudential considerations because "[c]ivil jurisdiction over such activities [of non-Indians] presumptively lies in the tribal courts unless affirmatively limited by a treaty provision or federal statute." (Iowa Mutual, 480 U.S. at 18.) The Strate Court, however, found this presumption to be reversed, and basing its holding on Montana, relied on an absence of congressional direction enlarging tribal court jurisdiction."
This paper reviews and examines Donald Hughes' book "North American Indian Ecology" which focuses on a wide range of ecological and environmental issues faced by Native American Indians in the 20th century.
Abstract This paper explores and details North American Indian life and culture as portrayed in Donald Hughes' book "North American Indian Ecology." This paper discusses the land issues facing the North American Indian tribes including overgrazing, erosion and assessments of appropriate land usage. The writer of this paper finds Hughes' book to be straightforward and concise in clarifying the characteristics of Indian life such as hunting, food growing and rituals.
From the Paper "Tribes are having to mediate the disparate demands of their members and the industrial mindset of the BIA to balance forest use for economic need and preservation for cultural need. Tribes face many of the same problems as non-Native communities held hostage by the timber industry. Replanting has not always kept pace with harvesting on public or trust lands. The push to harvest old-growth timber is constrained by federal mandates to protect endangered species habitats, putting people out of work. Few local communities gain the "value-added" benefits of processing their own timber especially jobs and new businesses and when they do the environmental impact of mill sites has to be factored into any cost-benefit analysis."
Abstract The paper provides a summary of the conflict, the contentions of each party and the subsequent court decisions. The paper examines the U.S. Supreme Court's decision that the Oneida Nation had to pay the property tax on the land that they claimed had the status of Indian reservation land. The paper discusses how the guarantees set out in both U.S. federal and state laws in relation to reservation land would not apply in this case as the Indian Nation had sold the land willingly and then after 200 years repurchased the land in the free-market. The paper notes the interest of the researcher in this case.
Outline:
Objective
Summary of the Conflict
Summary of the Contention of Each Party
Summary of Court Decisions
Discussion
Statement of Interest in This Case
From the Paper "The Oneida Indian Nation of New York descends directly from the Oneida Indian Nation. The Oneida Nation's aboriginal homeland is stated to be formed by approximately six million acres in central New York State and owned land that stretch "...from Pennsylvania border to the St. Lawrence River and from Lake Ontario to the Adirondack foothills." (Grant, 2005) In the year of 1785 the Oneida Tribe sold 300,000 acres in the Treaty of Fort Herkimer to the State of New York. In the year of 1788, New York Sate and the Oneida Indian Nation entered into a treaty with the Oneidas releasing the lands they owned to the Sate of New York."
Abstract The paper discusses that the term 'Indian giver' has come to be a synonym for someone who gives something, only to take it back. The paper further explains that it was the Indians who were forced to give to the Europeans--their knowledge about farming and fishing in the Americas and ultimately their land. The paper discusses that in Jack Weatherford's book, "Indian Givers: How the Indians of the Americas Transformed the World," the exchange between Europeans and Native Americans was an unequal one, with Europeans taking of the positive benefits of the New World, while the Indians were doing all of the giving. The paper concludes that unwittingly, the Indians found themselves the recipient of the evils of European civilization, like slavery, and a disrespectful attitude to the land.
From the Paper "According to Weatherford, the early post-Columbian contact of the Europeans with the native populace actually enabled the Industrial Revolution to change Europe, and ultimately the world. "Had Europe and America not come together through Columbus or some other connection, the industrial revolution would never have happened in the way we know it," because Europeans would never have gained access to the metals of the New World, or to Indian mines (Weatherford 57). This contact also generated the money economy of Europe and fueled a shift to a European economy based upon real, hard, convertible currency. Metal-based currency also was critical in fueling industrialism and world trade. By beginning the book with tales of South American encounters with Europe, which were particularly brutal and unequal from the beginning of the Indian-European relationship, Weatherford initiates a tragic tone, explaining how enslaved South American Indians mining gold and silver in Potosi supplied the precious metals for most of the European coins that generated wealth for the Old World at the expense of the liberty of the New World."
Abstract This paper presents a brief history of the Native Americans of California, focusing on their struggles with colonizing Europeans and their eventual loss of land and civil rights. The paper traces the history of Native Americans in the US back to their arrival in North America from Asia. Next the author describes their settlement and cultures in North America, and California specifically. The paper highlights the arrival of Europeans to Californian, describing the Native American's subsequent loss of loss of land, culture and autonomy. Special attention is paid to the effects of reservations on the Native American population.
Outline:
California Indians Population Decline of California Indian Figure-1: Native California [Census 2000]
Figure-2: Native California Population [Census 2000]
Indian Plight since Columbian Period
Paper includes maps and charts.
From the Paper "This exploitation continued well into the twentieth century and displacement of Native Indian from reserves continued with little or no compensation until the early twentieth century. The enlightened society of the twentieth century began to apply the laws which have been on the statutes for centuries to all Americans. Discrimination on the grounds of race, color, religion and sex can not be legally justified anymore. This important factor now provides legal rights and new protection to Native Indians. "
Abstract This paper explains that Leo Tolstoy's "How Much Land Does a Man Need?" is set in Russia; however, the story reflects the nature of the Americans and how they took advantage of their native Indians. The author points out that the story has four characters: The younger sister and her greedy husband Pahom, who are peasants and represent the Americans; the older sister, who is the European relative, visiting her younger sister and boasting of the high class lifestyle of Europeans and, of course, the Devil, who is greed itself. The paper relates that Tolstoy ends the story by stating that, when a person dies, he takes nothing with himself and his final abode is in a land, which is not hundreds of acres but only "six feet from his head to his heels."
From the Paper "One day a peasant from beyond the Volga came to Pahom and was given food and a place to stay at Pahom's house. He told Pahom about the land from where he has come and the immense opportunities that are present there. People were getting 25 acres of land for joining the commune. Tolstoy described the height of rye to be "as high as a horse" to show the temptation that Pahom was facing as he heard this. The temptation is best described by Tolstoy with the words "Pahom's heart kindled with desire." "
Abstract This paper considers the treatment of sexuality in Lydia Child's short story, "She Waits in the Spirit Land." The story is an exploration of love between two young Indians.
From the Paper "In her short story She Waits in the Spirit Land, Lydia Maria Child explores the love between two young Indians. Though the couple is not married in an official sense they are deeply committed to one another and clearly enjoy the sexual aspect of their ..."
Abstract The paper reviews the Cherokee and Seminole resistance tactics against Indian removal. The paper explains how the "five civilized tribes" attempted to hold onto their lands. The paper includes their strategies and examines how the U.S. government broke treaties.
From the Paper "When Andrew Jackson became president, Cherokee Creek Chickasaw Choctaw and Seminole Indians lived east of the Mississippi Goldfield. These Indians were known as the "Five Civilized Tribes" because many of them had adopted aspects of European and American culture including Christianity. However, these Indians lived on millions of acres of land desired by white cotton planters in central Alabama and Mississippi and particularly Georgia Goldfield."
Abstract This paper examines how much pressure is on some tribes to give up their natural resources. It explains that tribal lands across America are covered with a wealth of natural resources, and because of this, tribal lands have always been vulnerable to attack from outsiders and the federal government. It explains that if the resources are valuable enough, they are worth fighting for. It discusses how many Native American tribes have had to fight hard for their rights and the rights to their own natural resources.
From the Paper "In Idaho, the Coeur d'Alene Tribe's ancient tribal lands were overrun with silver mines in the nineteenth century, and when the mines played out, all that remained was the environmental damage, as this writer notes. "Over a one-hundred year period, the mining industry in northern Idaho's Silver Valley wiped out most natural life in the Coeur d'Alene River Basin by dumping seventy-two million tons of mining waste into the Coeur d'Alene watershed (Althouse, 2001, p. 721). In 1991, the tribe began their own restoration project, and also filed a lawsuit against several mining companies which resulted in the largest ever natural resource damage suit in U.S. history. The Coeur d'Alene are also fighting about who controls the waters and the water quality of Lake Coeur d'Alene, and they were awarded control in 2000 by the courts (Althouse, 2001, p. 721)."
Abstract The paper discusses McWilliams' thesis in "Southern California: An Island on the Land" that California, the golden state of great wealth was built by exploiting individuals who never enjoyed its riches and were often unjustly denied the name or rights of Americans. The paper is of the opinion that McWilliams' book, although first written in 1946, is a strikingly refreshing text to read against more conventional and seemingly balanced histories. The paper explains that McWilliams' passionate history seems to better express the land and why California is still so complex, so racially divided and provokes such passion today.
From the Paper "Carey McWilliams' title of his history of Southern California, Southern California: An Island on the Land, suggests that Southern California encapsulates a unique culture, as distinct from the rest of the United States, almost like an island nation. Although tied to the land, the colorful constellation of cultures, political personalities, and economic speculation that influenced the region caused it stand apart from the rest of the nation. McWilliams attempts to explain some of the extraordinary developments that occurred during the region's history, even before it became a state."
Abstract This paper discusses the issue of sacred representation, particularly those that are Christian in nature, in modern film using the movies. The paper uses the films, "Seven," "The Green Mile" and "Dogma" as examples. The paper also includes an annotated bibliography.
From the Paper "Chris Arthur stated that there are some important questions as yet unanswered as to where film intersects or should intersect with religion in contemporary society Arthur believes that popular film can be an important ..."
Tags: Film, sacred representation, Seven, The Green Mile, Dogma
Abstract This paper is a book report on the book "Sacred Geography of the Ancient Greeks" by Jean Richer. The paper notes the way that the author examines astrological symbolism as found in art architecture and landscapes and presents what he finds in terms of the astrological theory accepted by the ancients and then in terms of the way they represented these ideas in their art and architecture. The paper discusses the many photographs and maps of the ancient world that the author makes use of.
From the Paper "Jean Richer is an academic with a firm grasp of aspects of the ancient world. He has written numerous books aspects of ancient art and the society that produced that art. In the book Sacred Geography of the Ancient Greeks, Richer examines astrological symbolism as found in art, architecture, and landscapes, presenting what he finds in terms of the astrological theory accepted by the ancients and then in terms of the way they represented these ideas in their art and architecture. He provides a detailed examination of the topic, many photographs of the works of art he discusses, maps of the ancient world showing alignments with various celestial and astrological features, and tables and charts that help the reader picture some of the relationships discussed. The book offers an interesting discussion of the topic in a well-written narrative."
This paper examines the implications for the future of forest management on non-industrial private forest (NIPF) lands as well as the dwindling timber supply on these parcels of land.
Abstract This paper analyzes the spatial and temporal pattern of Alabama's forested landscape as well as the implications for the future of forest management on NIPF lands. This paper defines forested land as a parcel of land that is producing or capable of producing more than 20 cubic feet/acre/year of industrial wood and is land not withdrawn from timber production. Much of this land is held by private landowners not involved directly in the timber industry. Extensive studies have been conducted in the southern states concerning the motivation behind usage of NIPF land, its impact on the regional economy and environmental factors. The counties chosen for this particular study are those which had the highest reported income from forest products. The six counties chosen were Clarke, Marengo, Pickens, Monroe, Hale and Wilcox. These counties are located in highly forested areas and have a high amount of NIPF land. According to several surveys, the areas of greatest softwood shortage are those located near large paper and pulp mills. This paper discusses the impending shortage in economic timber that the U.S. will be facing by the year 2020. The writer of this paper examines the various strategies available to halt the dwindling timber supply which include changing the manner in which NIPF lands are managed as well as stricter government regulations which would deter the conversion of native grasslands and wetlands into croplands.
From the Paper "To determine if timber production is likely to be able to meet future needs, the ratio of growth to removal is measured. Timber inventories give an indication of how much timber is currently available. Using this model, it was found that only one state had a positive ratio, North Carolina at 1.15. Alabama's ratio was 0.91. Softwood removal rates consistently exceed growth rates. Hardwood removal ratios faired slightly better at above 1.3. Timber inventories increased from the 1960s through the 1970s, but leveled off in the 1990s. According to SERTS, softwood supplies are expected to decrease 30% by the year 2020. According to an FIA survey, the areas of greatest softwood shortage are located near large paper and pulp mills (Cubbage and Abt, 1998a). According to the SERTS model the southern US will be facing an economic timber shortage by the year 2020."
Abstract This paper addresses the changes in American Indian warfare during the period of western settlement in the 19th century. It gives a summary of Plains Indian culture and reasons for conflict, and details conflicts between settlers and American Indian tribes. The paper's thesis, borne out in historical research, is that the introduction of horses and firearms made conflicts between US relocation forces and unwilling Indian tribesmen bloodier than necessary on both sides. The author does not take sides on the Native American sovereignty issue.
Abstract The paper explains that Jack Weatherford began to examine the history of the Native American as he discovered that many agricultural products would not have been produced in farming without the knowledge that Indians gave those in the new world. The paper describes how Weatherford further stipulates that it is through these advances in agriculture that the United States has remained a strong contender in the global market ,and that without the influences of the Native Americans on the early settlers those new to America would not have survived. The paper analyzes how, through his work, "Indian Givers: How Indians of the Americas Transformed the World", Volume I, Weatherford brings an insight to a people that most individuals have been negligent in understanding. The paper concludes that it is Weatherford's purpose to demonstrate that Native Americans have been a misrepresented and forgotten people when the history of North America is discussed.
