Constitutionalized Rights to Indigenous Intellectual Property
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Marie Laing M.A. Thesis
Conversations with Young Two-Spirit, Trans and Queer Indigenous People About the Term Two-Spirit by Marie Laing A thesis submitted in conformity with the requirements for the degree of Master of Arts Department of Social Justice Education Ontario Institute for Studies in Education University of Toronto © Copyright by Marie Laing 2018 Conversations with Young Two-Spirit, Trans and Queer Indigenous People About the Term Two-Spirit Marie Laing Master of Arts Department of Social Justice Education University of Toronto 2018 Abstract Since the coining of the term in 1990, two-spirit has been used with increasing frequency in reference to Indigenous LGBTQ people; however, there is rarely explicit discussion of to whom the term two-spirit refers. The word is often simultaneously used as both an umbrella term for all Indigenous people with complex genders or sexualities, and with the specific, literal understanding that two-spirit means someone who has two spirits. This thesis discusses findings from a series of qualitative interviews with young trans, queer and two-spirit Indigenous people living in Toronto. Exploring the ways in which participants understand the term two-spirit to be a meaningful and complex signifier for a range of ways of being in the world, this paper does not seek to define the term two-spirit; rather, following the direction of research participants, the thesis instead seeks to trouble the idea that articulating a definition of two-spirit is a worthwhile undertaking. ii Acknowledgments There are many people without whom I would not have been able to complete this research. Thank you to my supervisor, Dr. -
Individual Aboriginal Rights
Michigan Journal of Race and Law Volume 9 2004 Individual Aboriginal Rights John W. Ragsdale Jr. University of Missouri-Kansas City School of Law Follow this and additional works at: https://repository.law.umich.edu/mjrl Part of the Cultural Heritage Law Commons, Indian and Aboriginal Law Commons, Legal History Commons, and the Property Law and Real Estate Commons Recommended Citation John W. Ragsdale Jr., Individual Aboriginal Rights, 9 MICH. J. RACE & L. 323 (2004). Available at: https://repository.law.umich.edu/mjrl/vol9/iss2/2 This Article is brought to you for free and open access by the Journals at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Journal of Race and Law by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. INDIVIDUAL ABORIGINAL RIGHTS John W RagsdaleJr.* INTRODUCTION ....................................................................... 323 I. THE DEVELOPING CONCEPT OF INDIVIDUAL ABORIGINAL R IGHTS ............................................................. 331 A. The Western Shoshone Experience Prior to the Indian Claims Commission Act ............................................ 331 B. The Indian Claims Commission Proceedings .................... 336 C. The Dann Litigation and the Establishment of Individual A boriginal R ights .................................................... 341 II. CONTOURS OF THE DOCTRINE ............................................... -
Aboriginal Two-Spirit and LGBTQ Mobility
Aboriginal Two-Spirit and LGBTQ Mobility: Meanings of Home, Community and Belonging in a Secondary Analysis of Qualitative Interviews by Lisa Passante A Thesis submitted to the Faculty of Graduate Studies of The University of Manitoba in partial fulfilment of the requirements of the degree of MASTER OF SOCIAL WORK University of Manitoba Winnipeg Copyright © 2012 by Lisa Passante ABORIGINAL TWO-SPIRIT & LGBTQ HOME, COMMUNITY, AND BELONGING Abstract This thesis reports on a secondary analysis of individual and focus group interviews from the Aboriginal Two-Spirit and LGBTQ Migration, Mobility and Health research project (Ristock, Zoccole, and Passante, 2010; Ristock, Zoccole, & Potskin, 2011). This was a community-based qualitative research project following Indigenous and feminist methods, involving two community Advisory Committees, and adopting research principles of Ownership Control Access and Possession (OCAP) (First Nations Centre, 2007). This analysis reviews data from 50 participants in Winnipeg and Vancouver and answers: How do Aboriginal Two-Spirit and LGBTQ people describe home, community and belonging in the context of migration, multiple identities, and in a positive framework focusing on wellbeing, strengths and resilience? Findings demonstrate how participants experience marginalization in both Aboriginal and gay communities. Their words illustrate factors such as safety required to facilitate positive identities, community building, belonging, and sense of home. For participants in this study home is a place where they can bring multiple identities, a geographical place, a physical or metaphorical space (with desired tone, feeling), and a quality of relationships. Community is about places, relationships, participation, and shared interests. Belonging is relational and interactive, feeling safe, accepted, and welcome to be yourself. -
Aboriginal Title and Private Property John Borrows
The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference Volume 71 (2015) Article 5 Aboriginal Title and Private Property John Borrows Follow this and additional works at: http://digitalcommons.osgoode.yorku.ca/sclr This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License. Citation Information Borrows, John. "Aboriginal Title and Private Property." The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference 71. (2015). http://digitalcommons.osgoode.yorku.ca/sclr/vol71/iss1/5 This Article is brought to you for free and open access by the Journals at Osgoode Digital Commons. It has been accepted for inclusion in The uS preme Court Law Review: Osgoode’s Annual Constitutional Cases Conference by an authorized editor of Osgoode Digital Commons. Aboriginal Title and Private Property John Borrows* Q: What did Indigenous Peoples call this land before Europeans arrived? A: “OURS.”1 I. INTRODUCTION In the ground-breaking case of Tsilhqot’in Nation v. British Columbia2 the Supreme Court of Canada recognized and affirmed Aboriginal title under section 35(1) of the Constitution Act, 1982.3 It held that the Tsilhqot’in Nation possess constitutionally protected rights to certain lands in central British Columbia.4 In drawing this conclusion the Tsilhqot’in secured a declaration of “ownership rights similar to those associated with fee simple, including: the right to decide how the land will be used; the right of enjoyment and occupancy of the land; the right to possess the land; the right to the economic benefits of the land; and the right to pro-actively use and manage the land”.5 These are wide-ranging rights. -
Hip-Hop, Language, and Indigeneity in the Americas
CRS0010.1177/0896920515569916Critical SociologyNavarro 569916research-article2015 Article Critical Sociology 1 –15 WORD: Hip-Hop, Language, and © The Author(s) 2015 Reprints and permissions: Indigeneity in the Americas sagepub.co.uk/journalsPermissions.nav DOI: 10.1177/0896920515569916 crs.sagepub.com Jenell Navarro California Polytechnic State University, San Luis Obispo, USA Abstract Indigenous hip-hop artists throughout the Americas are currently challenging cultural genocide and contemporary post-racial discourse by utilizing ancestral languages in hip-hop cultural production. While the effects of settler colonialism and white supremacy have been far-reaching genocidal projects throughout the Americas, one primary site of resistance has been language. Artists such as Tall Paul (Leech Lake Band of Ojibwe), Tolteka (Mexica), and Los Nin (Quecha), who rap in Ojibwe, Nahuatl, and Kichwa respectively, trouble the pervasive structure of U.S. cultural imperialism that persists throughout the Americas. As a result, Indigenous hip-hop is a medium to engage the process of decolonization by 1) disseminating a conscious pan-indigeneity through lyricism and alliance building, 2) retaining and teaching Indigenous languages in their songs, and 3) implementing a radical orality in their verses that revitalizes both Indigenous oral traditions/ storytelling and the early message rap of the 1970s and 1980s. Keywords decolonization, hip-hop, Indigenous language, Indigenous studies, post-racial Introduction When asserting the political importance of Indigenous hip-hop, it is important to begin by thinking about the context for the emergence of hip-hop music and culture in the late 1970s and early 1980s in the South Bronx. In the 1970s, the United States witnessed a reaction directly against the Civil Rights movements and the gains that it made for racial equality. -
Rousseau and the Social Contract
In Dialogue with Humanity Rousseau and The Social Contract by Leung Mei Yee Ho Wai Ming Yeung Yang Part I Rousseau‟s life and works Part II The Discourses – Critique of society and civilization Part III The Social Contract Part 1 Rousseau‟s life and works… and the people who influenced him 3 Jean-Jacques Rousseau (1712-1778) One of the most influential yet controversial figures of the Enlightenment 4 He was the most portrayed character of the 18th century apart from Napoleon. (Jean-Jacques Monney) 5 Best known to the world by his political theory, he was also a well admired composer, and author of important works in very different fields. 6 Major works Novels Julie: or the New Héloïse (1761) Emile: or, on Education (1762) Autobiographical works The Reveries of the Solitary Walker (1782) The Confessions (1782-89) Essays Discourse on the Sciences and Arts (1750) Discourse on Inequality (1755) Discourse on Political Economy (1755-56) The Social Contract (1762) 7 Major Works Letters Letters on French Music (1753) Letters on the Elements of Botany (1780) Letter to M. d’Alembert on the Theatre (1758) Letters written from the Mountain (1764) Music Opera: Le devin du village (1752) Dictionary of Music (1767) 8 Born in 1712 in Geneva Small Calvinist city-state surrounded by large, predominately Catholic nations; Republic in the midst of duchies and monarchies Was brought up by his father The house where Rousseau since his mother died in was born at number 40, place du Bourg-de-Four childbirth 9 Left Geneva at the -
Some Thoughts on Aboriginal Title
SOME THOUGHTS ON ABORIGINAL TITLE Brian Slattery* Introduction Justice Ivan Cleveland Rand, for whom this lecture is named, served as a judge in the Supreme Court of Canada for some sixteen years, between 1943 and 1959. During that period, the Supreme Court of Canada handed down only three reported decisions relating to the rights of aboriginal peoples.1 In two of these cases, Justice Rand delivered separate opinions.2 Some passages that appear there are worth pondering. In the St. Ann’s Island Shooting and Fishing Club case,3 decided in 1950, Justice Rand stated with respect to a provision of the Indian Act:4 The language of the statute embodies the accepted view that these aborigines are, in effect, wards of the state, whose care and welfare are a political trust of the highest obligation. For that reason, every such dealing with their privileges must bear the imprint of Governmental approval... Six years later, in the case of Francis v. The Queen,5 Justice Rand remarked with respect to a clause favouring Indians in the Jay Treaty of 1794: Appreciating fully the obligation of good faith toward these wards of the state [i.e. the Indians], there can be no doubt that the conditions constituting the raison d ’etre of the clause were and have been considered such as would in foreseeable time disappear.... Whether, then, the time of its expiration has been reached or not it is not here necessary to decide; it is sufficient to say that there is no legislation now in force implementing the stipulation. -
Social Contract As Bourgeois Ideology Stephen C
Social Contract as Bourgeois Ideology Stephen C. Ferguson II John Rawls (Photo © Steve Pyke.) Since the publication of John Rawls’ magnum opus A Theory of Justice in 1971, there has been a significant resurgence of philosophical work in the tradition of contractarianism. The distinguished bourgeois political philosopher Robert Nozick has argued that A Theory of Justice is one of the most important works in political philosophy since the writings of John Stuart Mill. “Political philosophers,” Nozick concludes, “now must either work within Rawls’ theory or explain why.”1 It is not far from the truth that Rawls single-handedly not only gave life to analytical political philosophy, but also resuscitated contractarianism, a philosophical tradition that — in many respects — had been lying dormant in a philosophical coma. In fact, social contract theory has become the hegemonic tradition in liberal social and political philosophy. As the Afro-Caribbean My thanks for advice, guidance and/or invaluable criticism of earlier drafts to John H. McClendon III, Ann Cudd, Rex Martin, Tom Tuozzo, Robert J. Antonio and Tariq Al-Jamil. I would also like to extend a hearty thanks to Greg Meyerson and David Siar for their invaluable editorial comments. And, lastly, thanks to my wife, Cassondra, and my two sons, Kendall and Trey, for your unqualified love and support in times of tranquility as well as times of crisis. 1 Robert Nozick, Anarchy, State and Utopia (New York: Basic Books, 1974): 183. Copyright © 2007 by Stephen C. Ferguson and Cultural Logic, ISSN 1097-3087 Ferguson 2 philosopher Charles Mills has put it, contract talk is, after all, the political lingua franca of our times.2 In this essay, we will examine the ideological character and theoretical content of contractrarianism as a philosophical tradition beginning with its classic exposition in the works of Thomas Hobbes, John Locke, Jean-Jacques Rousseau and, finally, culminating in the work of John Rawls. -
Social Contract, Social Policy and Social Capital
THE PAST AND FUTURE: SOCIAL CONTRACT, SOCIAL POLICY AND SOCIAL CAPITAL Cornelia Butler Flora Jan L. Flora Iowa State University Social Contract Early social theorists (Thomas Hobbes, John Locke, and Jean-Jacques Rousseau) were intrigued by the notion of order and the mutual obligation it entails. For them, a critical part of social order is the relation between the ruler and the ruled, which includes collective agreement on the criteria for distinguishing right behavior from wrong, and enforcing right action. Why do the vast majority of people do what they are supposed to do? Hobbes addressed the question by theorizing what he felt separated "civilized" society from savagery. The "state of nature," according to Hobbes, was based on each person gaining the most possible on an individual basis, resulting in a life that was "solitary, poor, nasty, brutish and short." Only when individuals, through a social contract, give up their individual liberty to a sovereign committed to defending the subjects' lives in exchange for obedience to the sovereign's rules, does order, and thus security, emerge. The Hobbesian argument justifies the power of the sovereign. If citizens do not obey the rules, harsh and even extreme punishment isj ustifiable, indeed, necessary. Locke differed from Hobbes in his view of history. He argued that the rights of life and property were recognized under natural law. Insecurity arose from lack of clarity as to who was to enforce those rights. The social contract involves individuals agreeing to obey the laws of the state in exchange for the state's protection of the person and property. -
Than Two-Spirit: Queer Indigenous Sovereignty and Survivance In
More Than Two-Spirit: Queer Indigenous Sovereignty and Survivance in Museums Caitlin S. Cooper A thesis submitted in partial fulfillment of the requirements for the degree of Master of Arts University of Washington 2017 Committee: Kristine Morrissey, Chair Luana Ross Amanda Lock Swarr Qwo-Li Driskill Program authorized to offer degree: Museology © Copyright 2016 Caitlin S. Cooper Abstract The intention of this study was to identify ways museums represent Two-Spirit and queer Indigenous artists. This qualitative study included interviews with six Two-Spirit/queer Indigenous artists, using a phenomenological approach. Museums as cultural institutions built upon colonial ideals have the responsibility to amend museological authority that silence the voices of and refuse space to those that traverse intersectional identities. Two-Spirit artists examine the historical relationship of race, gender, and power as they pertain to material culture, contemporary self-expression, and art. Within this art they are Indigenizing Western academic spaces like museums, demanding accountability from institutions considered vessels of cultural knowledge. Findings suggest that curators’ willingness to listen, communicate, and engage in dialog is critical. The study also found that Two-Spirit artists’ work confronts heteronormativity by exhibiting shifts in gender roles across cultures and time and embodying the values of community organizing, storytelling, and survival. Acknowledgments I foremost want to recognize that I obtained my graduate education from the University of Washington, an institution built on the traditional lands belonging to the Coast Salish peoples of all tribes and bands within the Suquamish, Tulalip and Muckleshoot Nations. It is an honor to be a guest in this beautiful place, surrounded by the sacred knowledge and energy of your ancestors. -
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Cronfa - Swansea University Open Access Repository _____________________________________________________________ This is an author produced version of a paper published in: Philosophy & Social Criticism Cronfa URL for this paper: http://cronfa.swan.ac.uk/Record/cronfa52091 _____________________________________________________________ Paper: Cockburn, P. & Thorup, M. (2018). Proprietors and parasites. Philosophy & Social Criticism, 44(2), 179-199. http://dx.doi.org/10.1177/0191453717723189 _____________________________________________________________ This item is brought to you by Swansea University. Any person downloading material is agreeing to abide by the terms of the repository licence. Copies of full text items may be used or reproduced in any format or medium, without prior permission for personal research or study, educational or non-commercial purposes only. The copyright for any work remains with the original author unless otherwise specified. The full-text must not be sold in any format or medium without the formal permission of the copyright holder. Permission for multiple reproductions should be obtained from the original author. Authors are personally responsible for adhering to copyright and publisher restrictions when uploading content to the repository. http://www.swansea.ac.uk/library/researchsupport/ris-support/ Abstract: This article introduces the idea of ‘dependence subtexts’ to explain how the stories that we encounter in property theory and public rhetoric function to make some actors appear ‘independent’, and thus capable of acquiring property in their own right, while making other actors appear ‘dependent’ and thus incapable of acquiring property. The argument develops the idea of ‘dependence subtexts’ out of the work of legal scholar Carol Rose and political theorist Carole Pateman, before using it as a tool for contrasting the canonical property stories of John Locke and Pierre-Joseph Proudhon. -
Social Contract Theory Rousseau Pdf
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