The Inadequate Native American Judiciary System and The Environmental Effects of Poorly Operated Tribal Courts

The Inadequate Native American Judiciary System and The Environmental Effects of Poorly Operated Tribal Courts Free Online Research Papers The Inadequate Native American Judiciary System and The Environmental Effects of Poorly Operated Tribal Courts In the past thirty years, there has been a major continent-wide push for increased environmental protection. Most of this push is largely attributed to laws and measures passed in the government to correct these environmental problems, such as unclean air, acid rain, deforestation, pollution, and the greenhouse effect. The Native Americans are trying to combat these problems as much or more than anyone in this country. However, as these problems must be addressed through proper legislative channels, unfortunately, the inadequate funding allotted to Native American tribal courts, by deteriorating their effectiveness and efficiency, constitutes not only serious environmental damage, but it also sets a grave tone for increasing cultural abuse. Initially, of course, the Native Americans had sovereignty over their judicial system. This was proven by the Ex parte Crow Dog ruling, where an Indian man named Crow Dog killed an adversary named Spotted Tail at a tribal council meeting in 1881. Originally tried and sentenced to death for murder, Crow Dog was released by Ex parte, which stated that U.S. courts had no jurisdiction over Indian affairs on reservation land (Hagan 92). Outrage over Crow Dog lead to the passing of the Major Crimes Act of 1885, which gave Federal Courts jurisdiction over seven major crimes committed by Native Americans, which has today increased to fourteen crimes (Hagan 98). There is no local jurisdiction of any of the crimes granted by the act. Empirically, the act has been shown to punish crimes committed by Indians and pass legislation according to Anglo-American laws and values rather than traditional Indian customs. It would seem, however, if the bill or case was not defined by federal law, that it would fall back to the Indian court system, but the Major Crimes Act provides that if it is not so defined, it will fall into state jurisdiction. Here, it is seen that the act moderately denies Native Americans control over their own tribal judicial system (Polashuk 1204). Although Congress provides for federal jurisdiction over many of these tribal judicial cases, because of a backlog of crimes committed off the reservation by non-Indians or legislation dealing with non-Indian environmental issues – often reaching back several years – they are considered a low priority. Testimony at congressional hearings has even revealed that such federal jurisdiction of Native American judicial activity has been wholly inadequate (Meisner 181). Because American culture is ignorant of Indian cultural values and social norms, legislature and jurisdiction through federal channels are most often completely inappropriate. (Polashuk 1210). Congress has concluded that Indian tribes, proposed then as sovereign governments, must have a vital interest in decisions which have to do with their environment. The U.S. has a direct interest in promoting environmental legislation to further its cause- it is a critical link to the tribes’ existence (Polashuk 1221). There is always an inherent problem in considering any government for increased sovereignty who is part of a distinct group. Not only are the people of American Indian tribes of a different race than the rest of society, they have completely different lifestyles and places of residence than of the American norms. This often causes both racial tension and cultural clash- there are some areas of the West where this tension has risen to â€Å"extreme levels.† (Polashuk 1213). So, how to provide a Native American with a fair trial? How to pass a resolution on a reservation that will properly deal with the environmental problems there? The answer lies in the tribal courts, who possess the traditional knowledge to properly discipline their members and pass and judge environmental bills. The primary reason that the tribal court system is not currently used is that it cannot fully carry out its services. This, however, is a problem of lack of funding- not any inherent functional flaw within the system (Burch 977). Lack of funding is a problem for the Native American judiciary system- this absence of resources undermines the whole tribal government. Without proper funds, the tribal court systems cannot attain the competent personnel to properly staff a standard legal system. Tribal governments as a whole are similar to the American three-branch system. Without the judiciary system working, legislative and executive attempts to perform proper initiatives dealing with environmental protection always fall short because of this judicial defect (Vicenti 140). A large tide of American culture is sweeping across the Indian reservations, replacing traditional tribal customs with non-Indian values and methods. Along with environmental protection methods, Indian tribal culture itself is in a crisis. To fight this, almost every reservation now has educated Indian people who struggle to stop the invasion. These experts almost unanimously agree that among the primary steps in this cultural and environmental fight is restoring a traditional tribal justice system (Vicenti 135). It is not at all improbable that the worst abuse of indigenous peoples worldwide has taken place in the United States of America. The U.S. has, for more than a century, aggressively pursued policies of cultural assimilation and degradation. Additionally, the United States has just as long held a haughty cultural arrogance regarding Native Americans, which essentially denies the Indians the recognition to begin healing themselves. Something as serious as even moderately denying American Indians jurisdiction over their tribes most definitely results in cultural abuse (Barsh Interview). Cultural abuse in this form, by disallowing the proper function of the tribal judicial branches, considerably hampers further environmental protection. Not only do Indian cultures have the right to exist and prosper in the U.S., they also have a great amount of values and wisdom to share with the other peoples and cultures of the Earth (Suagee 696). Thus, American Indian tribal culture needs to be preserved. There is, of course, an inherent value of culture itself, but Native American wisdom is extremely important and valuable. In fact, each different tribe has its own reservoir of ancestral wisdom, springing from the knowledge and experience of generations upon generations of ancestors. Not only does this loss of Native American wisdom result from the loss of tribal judicial control, it constitutes the loss of knowledge of proper environmental care, evidenced by the condition of the environment when Columbus arrived in the New World. However, this priceless wisdom and knowledge can easily be lost- it is only by keeping the tribal traditions alive through the use of traditional tribal judicial courts will we and future generations be blessed with this wisdom (Suagee 708). In addition to giving jurisdiction to the tribal courts, the Federal Government must recognize them as legitimate judiciary units. The United States officially supports tribal sovereignty- the tribal court systems are, essentially, the backbone of that sovereignty. In order to further advance their official position, the U.S. Government must recognize the legitimacy of these tribal courts. Likewise, this recognition, which will allow further measures relating to the environment to be introduced and pursued, will lead to both an increased survival of the tribal culture and greater environmental improvement (Polashuk 1231). Only one major obstacle stands in the way of altering the American Indian judicial policy- the Major Crimes Act (Polashuk 1204). Although the benefits of increasing the sovereignty of the Indian judicial system- from an environmental standpoint- are clearly shown by the evidence, a majority of the non-Indian population- especially those living in areas near reservations- who do not understand the positive impacts and advantages of traditional Indian judicial action will most definitely oppose any alteration of federal policy towards tribal courts. The Major Crimes Act was created by people such as these and will be inherently difficult to repeal or amend, as it has been in place for over a century (Hagan 99). However, though any opposing legislation may be difficult to overcome, the benefits of this change are well worth the effort. First and foremost, the proposal will allow the legislative and executive branch to work more effectively and efficiently with the judicial branch to pass positive environmental resolutions. It also halts the cultural abuse given to American Indians by industrialized people and the U.S. Government, and allows the wisdom and knowledge of countless generations of Indian ancestors to be preserved. Furthermore, this beneficent treatment of our indigenous peoples will serve as a model for the treatment of indigenous peoples world-wide, preserving a incalculable amount of information for future generations on a global scale (Suagee 712). Barsh, Russel (professor of Native American Studies). Personal Interview. 3 March 1997. Burch, Jordan (Clerk for Edward Rafeedie, Central District of California, Los Angeles). Ohio Northern University Law Review, Vol 20. p. 977. 1994. Hagan. Indian Police and Judges, op. cit., p. 89-145. Meisner, Kevin (Case Western Reserve University). American Indian Law Review, Vol 2. p. 181-182. 17 December 1992. Polashuk, Stacie. Southern California Law Review. Vol 69. p. 1191-1232. 1996. Suagee, Dean. University of Michigan Journal of Law Reform. Vol 23. p. 671-715. Spring and Summer 1992. Vicenti, Carey (chief judge of Jicarilla Apache Tribe). Judicature. p.135-141. Nov-Dec, 1995. 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A Review Of John Steinbecks Novel An Analysis Of Misogyny In Of Mice And Men

A Review Of John Steinbeck's Novel An Analysis Of Misogyny In Of Mice And Men â€Å"Misogyny in Of Mice and Men† In Misogyny in Of mice and Men the author Emery talks about how women are portrayed in the book. The roles she talks about are â€Å"that of homogeneous male fraternity not just to repress, but to eliminate women and femininity† as stated on page 70. What she is saying to me is that the male characters on mice and men are trying to eliminate from the memories or women in general. This is because they are men and men and apparently are trying to repress women entirely I agree and disagree with this statement. Well yes Steinbeck does portray women as negatively like Curley’s Wife all she did was tempt men and ruin dreams. The only women other women that are portrayed well are Aunt Clara who is a motherly figure and the women who owned the bar in the brothel. It never really hints at how femininity is bad and it should not exist in their guy group. On page 71 there was a line that really stuck out to me because I disagree with it â€Å"George the masculine creator of this dream gives it voice and grounds it in the realm†. What this says is that George was the sole creator of a shared dream between him and Lennie of owning a farm and having rabbits for Lennie to take care of. I do see how he give it a voice and makes it realistic for the both of them he does explain it to Lennie but he’s not the only one who gives it a voice Lennie gave George his say in the dream farm. They both created this dream together George was inspired by Lennie to create this theoretical heaven for the both of them to aim for hope to get into or in. They both want to go to the dream farm yet George knows he cannot grasp his dream but he can’t There is another interesting line on page 70 that says â€Å"George and Lennie represent the duality masculinity and femininity, their partnership a kind marriage.† I don’t see how this makes much sense George is masculinity and Lennie is femininity where I don’t really see where this ties in she does tie it in a bit in the sense that yes George is controlling and tries his best to be a leader. But he did not kill Lennie his closest thing to family for power he killed him out of mercy because it was either George kill Lennie himself or have someone filled with rage kill him. George killed Lennie with love someone else would do it out of pity or be influenced by another to do it. For example Candy’s dog he himself did not kill the dog someone else did out of pity and Candy regretted it so much. It would be the same with George since he knew from experience he knew he had to kill Lennie with love not pity.

Immigration Essay Example | Topics and Well Written Essays - 2750 words

Immigration - Essay Example Wood (2004) sees domestic violence as a ‘crime that does not recognize racial, cultural, or socioeconomic barriers’. In brief, economic, cultural or political development of a given community does not automatically ensure the protection of the rights of women against being the victims of various types of gendered violence. Although domestic violence and other types of violence on women are prevalent among almost all the social groups, its nature and degree are different from community to community. Thus, the violence on immigrant women is so rampant and involves issues and concerns that are radically different from those pertaining to other social sections. It means that the social settings in which an immigrant woman is uniquely placed makes her more vulnerable for being the victim of various types and degrees of sexual and gendered violence than other sections of women citizenry. In addition, the conditions of undocumented immigrant women are even more exploitative and oppressive as they are systemically exempted from the cover of the law of the land. The introduction of Violence Against Women Act (VAWA) in 1994 has marked a turning point on the legal debate over the issue of increasing violence on immigrant women and its social consequences. The merits and drawbacks of the VAWA are on the focus of attention since its very introduction. Demands for amendments to the VAWA have been raised from around the corners for not only making it more effective but also casting off its perceived and real ills. Even, it is possible to identify a ‘VAWA discourse on the violence on immigrant women’ that encompasses almost all the possible aspects of the concerns pertaining to the human rights of immigrant women. The purpose of this paper is to overview the issues of immigration and the violence on immigrant women and analyzes it as a policy matter that must address unique social, political, economic, and cultural factors and include

Final project for LING 4100 topic2 Assignment Example | Topics and Well Written Essays - 1000 words

Final project for LING 4100 topic2 - Assignment Example The two English languages are widely spread through out the world. For instance, Indian people were colonized by the British and hence adapted to the British English. Their English differs from that of American people, with strong annotation on the accents and pronunciation. The analysis will concentrate on Indian English, pointing out differences and similarities in relation to the North American English. English is the native language spoken in India, and everyone can communicate using English. However, their English is pretty much different from the American English. We concentrate on the dialogue in the news cast between the anchor interviewing Mr Davender Ghai. The interview is in relation to Ghai’s fight to acquire an open funeral pyre while in United Kingdom. Cremation is not allowed in the United Kingdom and the Hindu activist fights to acquire the chance to be cremated after his death. They engage in a tough interview that is carried out in the Indian studios at New C astle. We concentrate the analysis from the first question that the anchor asks Mr. Ghai. The question demands to get an answer as to why Mr. Ghai engaged into the fight of an open pyre when he is in the United Kingdom. The analysis will also cover the answer he gives and the process he follows to answer the directed question. The second question directed to him by the anchor seeks to enquire if Ghai fought for the legalization of open cremation for himself or for the entire Hindu people in the United Kingdom. The analysis looks into the second question and the answer given. Data Sample Ghai starts by interrupting the anchor with a â€Å"thank you† before he is welcomed. It shows a difference in response between American English and Indian English. The first question that the anchor asks is; â€Å"Can you tell us what made you go in for this legal battle, what did you really want to do? Ghai responds; â€Å"Well, see. My father always wanted a funeral pyre when he died in 1 979, because we could not send the body to India, we couldn’t afford it. So, when he died I was very very upset. Okay, then I found out in 1932, the princess of Nepal was given open funeral pyre in London.† The second question is; were you fighting this battle for yourself or for all Hindus in the United Kingdom? The dialect language used is the official English spoken world wide by the Indian people. Ghai answers; â€Å"Okay, hear, I am a man of charity and I run a charity†¦Ã¢â‚¬  Date sample analysis Critically analyzing the first question, one can see that the language used differs from the North American English. The first difference noted is the pronunciation of the English words, and the use of verbs in the sentences. Going by the American way, the question is wrongfully constructed. Pronunciation of the entire sentence differs from the American way. Secondly, a verb is the most critical part of a sentence since it explains the subject’s action. The verb used in the question â€Å"go† is followed by adverb. This is uncommon with the American English. The use of an adverb after a verb is said to be grammatically incorrect in the American English. The other significant difference that can be noted in this dialect is the phonetic aspect. It can be learned that the Indians use the middle of their tongue just before the end to pronounce. This is the reason that the pronunciation is different from the American pronunciation.

Thoeries Of Evolution Essay -- essays research papers fc

Thoeries of Evolution   Ã‚  Ã‚  Ã‚  Ã‚  Evolution is the process by which living organisms originated on earth and have changed their forms to adapt to the changing environment. The earliest known fossil organisms are the single-celled forms resembling modern bacteria; they date from about 3.4 billion years ago. Evolution has resulted in successive radiations of new types of organisms, many of which have become extinct, but some of which have developed into the present fauna and flora of the world (Wilson 17).   Ã‚  Ã‚  Ã‚  Ã‚  Evolution has been studied for nearly two centuries. One of the earliest evolutionists was Jean Baptiste de Lamarck, who argued that the patterns of resemblance found in various creatures arose through evolutionary modifications of a common lineage. Naturalists had already established that different animals are adapted to different modes of life and environmental conditions; Lamarck believed that environmental changes evoked in individual animals direct adaptive responses that could be passed on to their offspring as inheritable traits. This generalized hypothesis of evolution by acquired characteristics was not tested scientifically during Lamarck's lifetime. A successful explanation of evolutionary processes was proposed by Charles Darwin. His most famous book, On the Origin of Species by Means of Natural Selection (1859), is a landmark in human understanding of nature. Pointing to variability within species, Darwin observed that while offspring inherit a resemblance to their parents, they are not identical to them. He further noted that some of the differences between offspring and parents were not due soley to the environment but were themselves often inheritable. Animal breeders were often able to change the characteristics of domestic animals by selecting for reproduction those individuals with the most desirable qualities. Darwin reasoned that, in nature, individuals with qualities that made them better adjusted to their environments or gave them higher reproductive capacities would tend to leave more offspring; such individuals were said to have higher fitness. Because more individuals are born than survive to breed, constant winnowing of the less fit-a natural selection-should occur, leading to a population that is well adapted to the environment it inhabits. When environmental conditions change, po... ...le in the short term have broad tolerances, which may better enable them to survive extensive changes. Human beings are uniquely adapted in that they make and use tools and devices and invent and propogate procedures that give them extended control over their environments. Humans are significantly changing the environment itself. The effects are most complex and cannot be predicted, and yet like the likelihood is that evolutionary patterns in the future will reflect the influence of the human species(Microsoft96). Works Cited Ardrey, Robert. The Hunting Hypothesis: A Personal Conclusion   Ã‚  Ã‚  Ã‚  Ã‚  Concerning the Evolutionary Nature of Man. New York:   Ã‚  Ã‚  Ã‚  Ã‚  Antheneum, 1976. Encarta 96. Computer Software. Microsoft, 1995. Gribbon, John and Cherfas, Jeremy. The Monkey Puzzle: Reshaping the Evolutionary Tree. Philly: Pantheon, 1982. Reader, John. Missing links: The Hunt for Earliest Man. Boston: Little, 1981 Schwartz, Jeffery H. The Red Ape: Orang-Utans and Human Origins.   Ã‚  Ã‚  Ã‚  Ã‚  San Francisco: Houghton, 1987. Wilson, Peter J. The Domestication of the Human Species. Oxford:   Ã‚  Ã‚  Ã‚  Ã‚  Yale, 1991.

Mr. Patrick Brennan

As Mr. Patrick Brennan is a very young business person and having better aspirations, it is not better for him to retain his establishment under the Proprietorship structure. Considering the growth shown in his business graph, I advice Mr. Brennan to get your organization incorporated as soon as possible.I hereby point out three general advantages that the corporate structure has over the proprietorship structure. (a) First of all, when a firm is incorporated it becomes a distinct legal entity. Its life commences from the date of incorporation. It enjoys all the legal privileges laid down by the respective countries.(b) Secondly, it acquires a perpetual succession. The members may come and go, but it goes on for ever, unless it is wound up. (c) Its property is not the property of the shareholders. The shareholders have a right to share in the profits of the company when realized and divided. Likewise, any liability of the company is not the liability of the individual shareholders. ( 2) A characteristic feature of corporate enterprise is the separation between ownership and management as a corollary of which the latter enjoys substantial autonomy in regard to the affairs of the firm.In the corporate structure shareholders are the owners of the enterprise and the management is the agent of the owners. The shareholders delegate the decision making authority to professional management on the premise that the latter will work in the interest of the former. In order to ensure that management would take optimal decisions compatible with the shareholders’ interests of value maximization, of course, they have to be paid incentives. Certainly, there may also arise agency problems in terms of conflicts of interests. Policies to mitigate the agency problems do, of course, involve cost.However, this is the price that the owners have to pay to harmonize the conflicting goals between them and the management of the enterprise. But, there is no need of worry Mr. Brennan because in order to minimize the agency problems and agency cost, you can arrange certain provision for appropriate incentives and for monitoring of agents. By auditing the financial statements and limiting decision making by the management you can easily monitor the agents and thereby reduce the agency costs. Part –B (1) COMPUTATION OF WEIGHTED AVERAGE COST OF CAPITAL

An Analysis Of Mary Shelley s Frankenstein - 1452 Words

Humans are social beings and as such we crave love, affection, and acceptance. These emotions are readily and traditionally given in a family. Family plays an instrumental role in the growth of a person and has an important impact on their social well being and mental development. In Frankenstein, written by Mary Shelley, we can see just how influential family is as family is one of the important themes in this novel. The cottage scene is an important scene in the novel as it demonstrates just how important family is to a person by documenting the creature and his examination of the De Lacey family; which is where he learned about society and just what family truly means. Victor Frankenstein came from a very loving and caring family. Throughout his childhood, he had all the love and attention a child could ask for. His parents supported him in all of his studies and encouraged him with furthering his education. Frankenstein told Captain Robert Walton that, â€Å"No youth could have passed more happily than mine† (Shelley 31). Frankenstein knew that he had a caring family; however, due to his ambitions in pursuing scientific knowledge, he alienated himself from his family and friends. He became so consumed and distracted with his search for knowledge of what constituted as the â€Å"principle of life.† Not only does he go two years without visiting his family due to this endeavor, but he also does not notice the seasons as they pass. When Frankenstein finally discovered the secretShow MoreRelatedAnalysis Of Mary Shelley s Frankenstein1411 Words   |  6 PagesIn the early 1800s Mary Shelley set pen to a paper and started to develop a n ovel that little to her knowledge would become world renowned. In 1818 she finished and published the novel to sell to the European public. 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