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Protest Law and the Tradition of Chilling Indigenous Free Speech
American University Washington College of Law Digital Commons @ American University Washington College of Law Articles in Law Reviews & Journals Student Scholarship 2019 "Enough's Enough": Protest Law and the Tradition of Chilling Indigenous Free Speech Alix H. Bruce Follow this and additional works at: https://digitalcommons.wcl.american.edu/stusch_lawrev Part of the Civil Rights and Discrimination Commons, First Amendment Commons, and the Indian and Aboriginal Law Commons “ENOUGH’S ENOUGH”: PROTEST LAW AND THE TRADITION OF CHILLING INDIGENOUS FREE SPEECH Alix Bruce* I. INTRODUCTION……………………………………….55 II. AN OVERVIEW OF FREEDOM OF SPEECH AND FREEDOM OF ASSOCIATION IN THE UNITED STATES…………………………………………….....58 A. Freedom of Speech……………………………….58 B. Freedom of Association……………………….…63 III. CIVIL RIGHTS FOR INDIGENOUS PEOPLE IN THE UNITED STATES………………………………………………66 A. “Kill the Indian, Save the Man”: Indigenous Civil Rights Pre-1924………………………………….66 B. 8 U.S.C. § 1401(a)(2) and the Rise of Red Power…………………………………………….70 C. The First Amendment as Applied to the Indigenous Peoples of the United States……………………......................................73 IV. CURRENT TRENDS…………………………………….74 A. Indigenizing Environmental Justice……………...74 B. Mni Wiconi and Oceti Sakowin: The Timeline of #NoDAPL………………………………………...77 C. Current Laws…………………………………….83 1. Oklahoma………………………………...83 2. North and South Dakota………………….85 3. Louisiana…………………………………88 4. Texas……………………………………..89 5. Federal……………………………………91 V. THE CHILLING OF INDIGENOUS FREE SPEECH BY CRITICAL INFRASTRUCTURE -
Outline of United States Federal Indian Law and Policy
Outline of United States federal Indian law and policy The following outline is provided as an overview of and topical guide to United States federal Indian law and policy: Federal Indian policy – establishes the relationship between the United States Government and the Indian Tribes within its borders. The Constitution gives the federal government primary responsibility for dealing with tribes. Law and U.S. public policy related to Native Americans have evolved continuously since the founding of the United States. David R. Wrone argues that the failure of the treaty system was because of the inability of an individualistic, democratic society to recognize group rights or the value of an organic, corporatist culture represented by the tribes.[1] U.S. Supreme Court cases List of United States Supreme Court cases involving Indian tribes Citizenship Adoption Mississippi Band of Choctaw Indians v. Holyfield, 490 U.S. 30 (1989) Adoptive Couple v. Baby Girl, 530 U.S. _ (2013) Tribal Ex parte Joins, 191 U.S. 93 (1903) Santa Clara Pueblo v. Martinez, 436 U.S. 49 (1978) Mississippi Band of Choctaw Indians v. Holyfield, 490 U.S. 30 (1989) South Dakota v. Bourland, 508 U.S. 679 (1993) Civil rights Oliphant v. Suquamish Indian Tribe, 435 U.S. 191 (1978) United States v. Wheeler, 435 U.S. 313 (1978) Congressional authority Ex parte Joins, 191 U.S. 93 (1903) White Mountain Apache Tribe v. Bracker, 448 U.S. 136 (1980) California v. Cabazon Band of Mission Indians, 480 U.S. 202 (1987) South Dakota v. Bourland, 508 U.S. 679 (1993) United States v. -
Congressional Papers Roundtable NEWSLETTER Society of American Archivists Fall/Winter 2016
Congressional Papers Roundtable NEWSLETTER Society of American Archivists Fall/Winter 2016 A Historic Election By Ray Smock The election of Donald Trump as the 45th pres- Dear CPR Members, ident of the United States is one of historic This year marked the 30-year proportions that we will anniversary of the first official be studying and analyz- meeting of the Congressional Students, faculty, and community members attend the ing for years to come, as Papers Roundtable, and it seems Teach-in on the 2016 Election at the Byrd Center. On stage, left to right: Dr. Aart Holtslag, Dr. Stephanie Slo- we do with all our presi- a fitting time to reflect on this cum-Schaffer, Dr. Jay Wyatt, and Dr. Max Guirguis. (Not pictured: Dr. Joseph Robbins) dential and congression- group’s past achievements and al elections. Here at the the important work happening Byrd Center our mission has not changed, nor would it change no now. matter which political party controls Congress or the Executive Branch. The CPR held its first official meeting in 1986 and since then We are a non-partisan educational organization on the campus of has contributed numerous talks Shepherd University. Our mission is to advance representative de- and articles, outreach and advo- mocracy by promoting a better understanding of the United States cacy work, and publications, Congress and the Constitution through programs that reach and en- such as The Documentation of Con- gage citizens. This is an enduring mission that is not dependent on gress and Managing Congressional the ebbs and flows of party politics. -
VITA Gary D. Wekkin 11 Tucker Creek
VITA Gary D. Wekkin 11 Tucker Creek Road Conway AR 72034 501.327.8259 (H) / 501.450.5686 (O) Personal History Born 6 June 1949 Married, Two Sons Academic History Ph. D., Political Science, University of British Columbia, 1980 M. A., Political Science, University of British Columbia, 1972 B. A., Asian Studies, University of Wisconsin-Madison, 1971 (including 23 hours of Chinese; 6 hours of French) Graduate Summary Specialization: American Politics (Parties, Interest Groups, Political Behavior, State Politics & Presidency) Dissertation: “The Wisconsin Open Primary and the Democratic National Committee.” (David J. Elkins, supervisor; Richard G. C. Johnston and Donald E. Blake, committee members; William J. Crotty, external examiner.) Overall Graduate Average: 122.2 (First Class, British System) Graduate Fellowship Holder, 1972-75 Dr. Norman MacKenzie American Alumni Award, 1971-72 Positions Held 1982-present University of Central Arkansas – Professor (with tenure), 1992-____; Assistant Professor, 1982-86; Associate Professor, 1986-92. 1981-1982 University of Missouri-Kansas City – Visiting Assistant Professor 1978-1981 University of Wisconsin Center-Janesville – Lecturer 1978 Ada Deer for Secretary of State (WI) – Acting Campaign Director 1975-1976 Democratic Party of Wisconsin (Madison WI) – Field Officer & Delegate Selection/Affirmative Action Coordinator 1973-1974 Institute of International Relations, University of British Columbia (Vancouver) – Graduate Assistant to Director Courses Taught American Presidency Politics of Presidential Selection Interest Groups & Money in Politics Political Parties & Electoral Problems Political Behavior Campaign Organization & Management State & Local Government Public Opinion (not since 1982) Scope & Methods (not since 1988) Legislative Process (not since 1981) International Politics (not since 1981) Awards & Honors University of Arkansas William J. -
July 6, 2020 VIA ELECTRONIC MAIL Roger Goodell, Commissioner
July 6, 2020 VIA ELECTRONIC MAIL Roger Goodell, Commissioner National FootBall League 280 Park Avenue New York, NY 10017 [email protected] Dear Mr. Goodell, The undersigned are Native American leaders and organizations that have worked tirelessly and substantively for over half a century to change the racist name of the Washington team. We appreciate the statements made in recent days regarding the league and the team’s intention to revisit the name, But we are deeply concerned that the process or decision to rename is Being made in aBsence of any discussion with the concerned leadership. Specifically, we, the undersigned, request that the NFL immediately: 1. Require the Washington NFL team (Owner- Dan Snyder) to immediately change the name R*dsk*ns, a dictionary defined racial slur for Native Peoples. 2. Require the Washington team to immediately cease the use of racialized Native American Branding By eliminating any and all imagery of or evocative of Native American culture, traditions, and spirituality from their team franchise including the logo. This includes the use of Native terms, feathers, arrows, or monikers that assume the presence of Native American culture, as well as any characterization of any physical attributes. 3. Cease the use of the 2016 Washington Post Poll and the 2004 National AnnenBerg Election Survey which have Been repeatedly used By the franchise and supporters to rationalize the use of the racist r-word name. These surveys were not academically vetted and were called unethical and inaccurate By the Native American Journalist Association as well as deemed damaging By other prominent organizations that represent Native Peoples. -
Michael H. Crespin 2018 Address Carl Albert Congressional Research & Studies Center 630 Parrington Oval, Room 101 Norman, Oklahoma 73019 405-325-6372 [email protected]
Michael H. Crespin 2018 Address Carl Albert Congressional Research & Studies Center 630 Parrington Oval, Room 101 Norman, Oklahoma 73019 405-325-6372 [email protected] Academic Position Professor, University of Oklahoma, 2017-present Director, Carl Albert Congressional Research & Studies Center, 2018-present Associate Professor, University of Oklahoma, 2014-2017 Associate Director, Carl Albert Congressional Research & Studies Center, 2014-2018 Associate Professor, University of Texas at Dallas, 2012-2014 Associate Program Head/Ph.D. Graduate Advisor, University of Texas at Dallas, 2013-14 Assistant Professor, University of Georgia, 2006-2012 Education Michigan State University, PhD, Department of Political Science, December 2005 Michigan State University, MA, Political Science, 2002 University of Georgia, MA, Political Science, 2001 University of Rochester, BA, Political Science, 1998 Other Education Empirical Implications of Theoretical Models, Duke University, 2004 ICPSR, University of Michigan, 2002 & 2003 Teaching and Research Interests American Politics, Political Geography, Congress, Elections, Awards and Fellowships The Raymond W. Smock Fellowship SSRC Negotiating Agreement in Congress Research Grant, 2017-18 Risser Innovative Teaching Fellow, 2015-16 SPIA Summer Research Award, 2012 Pi Sigma Alpha Susette M. Talarico Award for Excellence in Teaching, 2007-08 & 2010-2011 Patrick J. Fett Award for the best paper on the scientific study of Congress and the Presidency, 2007 (with David Rohde) Harold Gosnell Prize for the best work in political methodology presented at any political science conference during 2005-06 (with Kevin M. Quinn, Burt L. Monroe, Michael Colaresi, and Dragomir R. Radev) American Political Science Association Congressional Fellow, Office of Congressman Daniel Lipinski (IL-3), 2005-06 Political Institutions and Public Choice Fellow, Michigan State University, 2001-05 - 1 - Michael Crespin - Vita Peer Reviewed Publications 1. -
STUDENTS GRADUATE PROGRAMS in POLITICAL SCIENCE BECOME LEADERS Leadership by Example
The UNIVERSITY of OKLAHOMA® Department of Political Science WHERE STUDENTS GRADUATE PROGRAMS in POLITICAL SCIENCE BECOME LEADERS Leadership By Example “ The oliticalP Science graduate programs equip our students with the knowledge and skills necessary to pursue careers in different areas, whether it is in public service at a local, state or federal level, or in education. All degree programs are designed to maximize our students’ opportunities. The Political Science graduate programs challenge our students and help them become leaders in their chosen fields.” President David L. Boren President David Boren’s commitment to public service is our department’s inspiration for exemplary leadership. Both he and his wife, First Lady Molly Shi Boren are widely respected for their commitment to public service and civic engagement at the community, state, national, and international levels. As a former Oklahoma state legislator, Governor, and U.S. Senator, President Boren spent nearly three decades in elective office before beginning his tenure as President of the University in 1994. Under President Boren’s leadership, the University has completed $1 billion in construction projects, increased OU’s private endowment to more than $1.8 billion, and increased the number of endowed faculty positions from 100 to 560. Recently, President Boren announced LIVE ON, UNIVERSITY—a $500 million campaign to raise private funds to support student scholarships, endowments for faculty fellowships, and university wide initiatives and college programs. President Boren teaches an introductory course in political science each semester, giving students a unique perspective in the structure, organization, and power of the executive, legislative and judicial branches of American government. -
Curriculum Vitae
RONALD KEITH GADDIE Curriculum Vitae Department of Political Science The University of Oklahoma Norman, OK 73019 voc: (405) 325-4989 / fax: (405) 325-0718 mobile: (405) 314-7742 email: [email protected] I. EDUCATION Ph.D., Political Science, The University of Georgia, June 1993 M.A., Political Science, The University of Georgia, December 1989 B.S., Political Science, History, The Florida State University, August 1987 A.A., Liberal Arts, The Florida State University, December 1986 II. ACADEMIC EXPERIENCE THE UNIVERSITY OF OKLAHOMA (SINCE 1996) Administrative Leadership Chair, Department of Political Science (July 2014- ) Associate Director, OU Center for Intelligence & National Security (October 2014- ) Senior Fellow, Headington College (March 2015- ) Academic Appointments President’s Associates Presidential Professor (April 2015-present) Professor of Political Science, The University of Oklahoma (July 2003-present) Associate Professor (July 1999-June 2003) Assistant Professor (August 1996-June 1999) Faculty, National Institute for Risk and Resilience, The University of Oklahoma (2016- ) Affiliated faculty, OU Institute for the American Constitutional Heritage (2010- ) Faculty Fellow, OU Science and Public Policy Program, Sarkeys Energy Center (2002- 2004) PREVIOUS & OTHER APPOINTMENTS Visiting Professor, Centre College, January 2015 Adjunct Professor of Management, Central Michigan University, March 1995-July 1996 Research Assistant Professor of Environmental Health Sciences, Tulane University School of Public Health and Tropical Medicine & Adjunct Assistant Professor of Political Science, Tulane University (September 1994-August 1996) Freeport-McMoRan Environmental Policy Postdoctoral Fellow, Tulane University School of Public Health and Tropical Medicine (January 1993-September 1994) Teaching and Research Assistant, Department of Political Science, The University of Georgia (September 1987-December 1992) 1 III. -
Keeping the Indian Tribal Community Together: Nation Building and Cultural Sovereignty in the Indian Casino Era
The Japanese Journal of American Studies, No. 31 (2020) Copyright © 2020 Kumiko Noguchi. All rights reserved. This work may be used, with this notice included, for noncommercial purposes. No copies of this work may be distributed, electronically or otherwise, in whole or in part, without permission from the author. Keeping the Indian Tribal Community Together: Nation Building and Cultural Sovereignty in the Indian Casino Era Kumiko NOGUCHI* The gut question has to do with the meaning of the tribe. Should it continue to be a quasi-political entity? [Should] it become primarily an economic structure? Or should it become, once again, a religious community? The future, perhaps the immediate future, will tell. — Vine Deloria Jr., For This Land: Writing on Religion in America INTRODUCTION Vine Deloria Jr., the well-known Native American intellectual proposing this “gut question” in 1999, expected that a new discussion on self-rule of the tribes among the Native American communities would come soon. His expectation came to pass when the discussion among Native American intellectuals and leaders about tribal communities was developed as a social theory after the advent of the “Indian casino era,” beginning in the late 1980s.1 The idea of Native American community development originally emerged out of the Red Power movement starting in the 1960s (weakening in the 1970s) in which Native American activists resisted federal control, which historically had ignored and destroyed Native American communities, resulting in broken families, alcoholism, and poverty. The term “Red *Assoc iate Professor, Meiji Gakuin University 133 134 KUMIKO NOGUCHI Power,” is attributed to Vine Deloria Jr.2 Red Power increased the sense of Indian pride and ushered in a new age for Native Americans to positively self-represent based on “Indian” identity. -
In the United States District Court for the District of Marland Greenbelt Division
Case 8:11-cv-03220-RWT Document 43-16 Filed 12/07/11 Page 1 of 53 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARLAND GREENBELT DIVISION MS.PATRICIA FLETCHER, ) et al., ) ) Civ. Action No.: RWT-11-3220 ) Plaintiffs, ) ) v. ) ) LINDA LAMONE in her official ) capacity as State Administrator of ) Elections for the state of Maryland; ) And ROBERT L. WALKER in his ) official capacity as Chairman of the ) State Board of Elections, ) ) Defendants. ) _____________________________________) DECLARATION AND EXPERT REPORT OF RONALD KEITH GADDIE, Ph.D. Case 8:11-cv-03220-RWT Document 43-16 Filed 12/07/11 Page 2 of 53 DECLARATION OF RONALD KEITH GADDIE I, Ronald Keith Gaddie, being competent to testify, hereby affirm on my personal knowledge as follows: 1. My name is Ronald Keith Gaddie. I reside at 3801 Chamberlyne Way, Norman, Oklahoma, 73072. I have been retained as an expert to provide analysis of the Maryland congressional districts by counsel for the Fannie Lou Hamer Coalition. I am being compensated at a rate of $300.00 per hour. I am a tenured professor of political science at the University of Oklahoma. I teach courses on electoral politics, research methods, and southern politics at the undergraduate and graduate level. I am also the general editor (with Kelly Damphousse) of the journal Social Science Quarterly. I am the author or coauthor of several books, journal articles, law review articles, and book chapters and papers on aspects of elections, including most recently The Triumph of Voting Rights in the South. In the last decade I have worked on redistricting cases in several states, and I provided previous expert testimony on voting rights, redistricting, and statistical issues. -
Caucus and Conference: Party Organization in the U.S. House of Representatives
Caucus and Conference: Party Organization in the U.S. House of Representatives by Ronald M. Peters, Jr. Department of Political Science and Carl Albert Congressional Research and Studies Center University of Oklahoma Prepared for delivery at the annual meeting of the Midwest Political Science Association, Chicago, Illinois April 25-28, 2002 Abstract The House Democratic Caucus and the House Republican Conference have witnessed both similarities and differences over the course of their respective histories. This paper traces the evolution of the two party organizations and examines their current operation. It is concluded that today they differ from each other in fundamental respects. The Democratic Caucus is a discussion forum. It is coalitional and internal in its focus. The Republican Conference is a public relations firm. It is ideological and external in its focus. Both party caucuses are affected by contextual variables. These include majority/minority status and party control of the White House. The most important factor shaping the two party organizations is party culture, which is shaped by each legislative party's previous history and by the two parties' respective constituency base. This examination of the two party caucuses has implications for theory. On the one hand, similarities in the pattern of meetings, participation by members, and occasional sponsorship of retreats and task forces lend credence to positive theories that seek nomothetic explanations of congressional behavior. On the other hand, the evident differences in the day-to-day operation of the two party organizations, the functions that these organizations perform, and the relationship in which they stand to the party leadership, suggest that any explanation will have to take into account inter-party variation. -
1 Burdett A. Loomis Vita Present Address
Burdett A. Loomis Vita Present Address: Department of Political Science 701 Louisiana Street 1541 Lilac Lane Lawrence, Kansas 66044 University of Kansas (785) 841-1483 Lawrence, KS 66044-3177 [email protected] (785) 864-9033/864-5700 (FAX) (785)766.2764(cell) [email protected] Education: University of Wisconsin-Madison, M.A., 1970; Ph.D., 1974. Professional Employment: Professor, University of Kansas, 1989 - Associate Professor, University of Kansas, 1982-1989 Assistant Professor, University of Kansas, 1979-1982 Assistant Professor, Knox College, 1975-1979 Visiting Assistant Professor, University of Wisconsin-Madison, Summer, 1977 Administrative Experience/Professional Positions: Director of Administrative Communication, Office of Kansas Governor Kathleen Sebelius, 2005 Interim Director, Robert J. Dole Institute for Public Service and Public Policy, 1997-2001 Chair, Department of Political Science, University of Kansas, 1986-1990; 2003-4. Director, Congressional Management Project, The American University, 1984-85. Administered $150,000 project and produced 280-page book for newly-elected U.S. Representatives. Director: KU Washington Semester Program and Topeka Intern Program, 1984 – present Awards/Honors: Steeples Award for Distinguished Service to Kansas, 2014 Hall Center for the Humanities (KU) Fellow, 2008-9 Guest Scholar, Brookings Institution, 1984-85; 1996; 2000-1. Kemper Foundation Teaching Award, 1996. Pi Sigma Alpha Best Paper Award, Southwest Political Science Meetings, 1991. American Political Science Association Congressional Fellow, 1975-76. International Presentations Flinders University (Australia) Fulbright Distinguished Chair in American Politics (Jan.-May, 2013) Fulbright Senior Specialist, 2006, Argentina State Department Lecture Tours: Brazil (1990), West Indies (1992), Brazil (2004), Mexico (2004), Malaysia/Singapore (2008), China (2009), Iraq (2008), Taiwan (2009), Nepal/Bangladesh (2009), Indonesia (2012) 1 Selected Courses Taught: U.S.