scholarly journals Race, Sovereignty, and Civil Rights: Understanding the Cherokee Freedmen Controversy

2014 ◽  
Vol 29 (3) ◽  
pp. 575-598 ◽  
Author(s):  
Circe Sturm

Despite a treaty in 1866 between the Cherokee Nation and the federal government granting them full tribal citizenship, Cherokee Freedmen—the descendants of African American slaves to the Cherokee, as well as of children born from unions between African Americans and Cherokee tribal members—continue to be one of the most marginalized communities within Indian Country. Any time Freedmen have sought the full rights and benefits given other Cherokee citizens, they have encountered intense opposition, including a 2007 vote that effectively ousted them from the tribe. The debates surrounding this recent decision provide an excellent case study for exploring the intersections of race and sovereignty. In this article, I use the most recent Cherokee Freedmen controversy to examine how racial discourse both empowers and diminishes tribal sovereignty, and what happens in settler-colonial contexts when the exercise of tribal rights comes into conflict with civil rights. I also explore how settler colonialism as an analytic can obscure the racialized power dynamics that undermine Freedmen claims to an indigenous identity and tribal citizenship.

2021 ◽  
pp. 201-230
Author(s):  
Gregory Ablavsky

In 1796, the Southwest Territory became the first U.S. territory to become a state, joining the union as Tennessee. This new state promptly used its newfound status as a sovereign on “equal footing” with existing states to challenge the persistence of federal authority, especially over land and Indian affairs. A series of collisions followed: over ownership of the public domain; over William Blount’s odd scheme to use his supposed influence in Indian country to challenge federal power; and, above all, over the federal government’s attempt to survey the boundary of the Cherokee Nation, which threatened to dispossess white land claimants. Ultimately, the federal government preserved its formal authority even as it gave Tennessee what it wanted—a seemingly Pyrrhic victory that had important precedential consequences. In particular, when part of the Northwest Territory sought to become the new state of Ohio in 1802, the federal government sought to protect its authority. Most importantly, it decided for the first time to attach conditions to the new state’s admission that guaranteed federal land ownership, a practice that quickly became a constitutional norm; the new state also tacitly accepted continued federal authority over the state’s Native peoples. The result was that the federal government’s power to adjudicate property and jurisdictional conflicts survived despite state challenge; in the process, the federal government ironically became the most visible defender of the earlier, multipolar order against these states’ assaults.


2016 ◽  
Vol 55 (3-4) ◽  
Author(s):  
Judit Szathmári

Opponents to tribal sovereignty define the notion as a case study of “Indians” wanting to have the cake and eat it too, while for those in favor of self-determination the question is not whether to have the cake and/or eat it, but the sole right of baking the cake. The metaphorical sovereignty cake is comprised of executive, legislative, and judicial layers which further include economic, cultural, and political measures taken by Indian peoples towards the realization of self-determination. The essay aims at exploring how the social, cognitive-perceptual, and emotional modes of humor within and outside Indian Country have been utilized to overcome the discrepancies rooted in the conflicting definitions of sovereignty. The analysis also addresses the issue of perspectives: humor arising from the paradoxical understandings of Indigenous and mainstream views of checks and balances, federal responsibilities, and treaty rights. The events cited demonstrate how American Indian communities employ humor to serve as an in/outgrouping mechanism and a way of social control to maintain community integrity.


2020 ◽  
Vol 6 (2) ◽  
pp. 205630512093329
Author(s):  
Robert Prey

Where does the “power” of platformization reside? As is widely recognized, platforms are matchmakers which interface between different markets or “sides.” This article analyzes platform power dynamics through three of the most important markets that Spotify—the leading audio streaming platform—is embedded within: the music market; the advertising market; and the finance market. It does so through the lens of the playlist. Playlists can be seen as a central example of how platforms like Spotify employ curation or “curatorial power” to mediate markets in the attempt to advance their own interests. At the same time, playlists are an outcome of the conflicting pressures and tensions between these markets. As such, they provide a lens through which to view broader structural dynamics within the platform economy. As this case study of Spotify demonstrates, platform “power” is an always unstable and shifting outcome of the ongoing attempt to coordinate between various markets and actors.


2021 ◽  
Vol 54 (1) ◽  
pp. 120-134
Author(s):  
Dilek Kurban

In his well-researched biography, Mike Chinoy chronicles Kevin Boyle's life and career as a scholar, activist and lawyer, bringing to light his under-appreciated role in the civil rights movement in Northern Ireland and the efforts to find a peaceful solution to the conflict, as well as his contributions to human rights movements in the United Kingdom, Europe and the world. Are You With Me? is an important contribution to the literature on the actors who have shaped the norms, institutions and operations of human rights. In its efforts to shed light on one man, the book offers a fresh alternative to state-centric accounts of the origins of human rights. The book offers a portrait of a social movement actor turned legal scholar who used the law to contest the social inequalities against the minority community to which he belonged and to push for a solution to the underlying political conflict, as well as revelations of the complex power dynamics between human rights lawyers and the social movements they represent. In these respects Are You With Me? also provides valuable insights for socio-legal scholars, especially those focusing on legal mobilisation. At the same time the book could have provided a fuller and more complex biographical account had Chinoy been geographically and linguistically comprehensive in selecting his interviewees. The exclusion of Kurdish lawyers and human rights advocates is noticeable, particularly in light of the inclusion of Boyle's local partners in other contexts, such as South Africa.


2021 ◽  
pp. 136700692110194
Author(s):  
Rashid Yahiaoui ◽  
Marwa J Aldous ◽  
Ashraf Fattah

Aims and objectives/purpose/research questions: The aim of this study is to investigate the sociolinguistic functions of code-switching and its relation to the meaning-making process by using the animated series Kim Possible as a case study. Design/methodology/approach: This study employs Muysken’s taxonomy to draw on code-switching patterns in lexico-grammar in relation to human behavior. The study also uses the functional approaches of Muysken and Appel and Gumperz as binary investigatory frameworks to locate interlingual and intralingual code-switching particularities and to elaborate on code-switching functions. Data and analysis: The analysis encompasses 48 episodes. Firstly, we extracted and transcribed code-switching occurrences in light of Muysken’s typology episode-by-episode and categorized them according to their code-switching type (interlingual or intralingual). Secondly, we quantified the occurrences according to their syntactic form to make more systematic claims about code-switching patterns. Next, we triangulated the patterns by examining the context of utterances and extralinguistic factors in the original series vis-à-vis the dubbed version to draw upon information beyond the structure or grammar. Findings/conclusions: The Arabic dubbed version was able to communicate the characters’ cosmopolitan diversity, which correlates with the series’ sense of linguistic modernity and humor. At the same time, the Arabic version was able to portray the extralinguistic reality of Lebanon and its multi-linguistic tapestry. Originality: This research is original because it focuses on Lebanese-Arabic, a dialect seldom discussed in the context of translation. The research also examines language variations in the context of dubbed discourse, where code-switching is integrally pertinent to visual-signs and the cultural background of characters. Significance/implications: The study recognizes the intricacy of code-switching as a reflective phenomenon of social reality and power dynamics; therefore, it contributes in the fields of translation and sociolinguistics.


1999 ◽  
Vol 11 (2) ◽  
pp. 147-178 ◽  
Author(s):  
Timothy J. Minchin

In the last two decades, one of the central debates of civil rights historiography has concerned the role that the federal government played in securing the gains of the civil rights era. Historians have often been critical of the federal government's inaction, pointing out that it was only pressure from the civil rights movement itself that prompted federal action against Jim Crow. Other scholars have studied the civil rights record of the federal government by analyzing a single issue during several administrations. In this vein, there have been studies of the federal government's involvement in areas as diverse as black voting rights and racial violence against civil rights workers. These studies have both recognized the importance of federal intervention and have also been critical of the federal government's belated and half-hearted endorsement of civil rights.


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