front cover of Nation on Board
Nation on Board
Becoming Nigerian at Sea
Lynn Schler
Ohio University Press, 2016

In the 1940s, British shipping companies began the large-scale recruitment of African seamen in Lagos. On colonial ships, Nigerian sailors performed menial tasks for low wages and endured discrimination as cheap labor, while countering hardships by nurturing social connections across the black diaspora. Poor employment conditions stirred these seamen to identify with the nationalist sentiment burgeoning in postwar Nigeria, while their travels broadened and invigorated their cultural identities.

Working for the Nigerian National Shipping Line, they encountered new forms of injustice and exploitation. When mismanagement, a lack of technical expertise, and pillaging by elites led to the NNSL’s collapse in the early 1990s, seamen found themselves without prospects. Their disillusionment became a broader critique of corruption in postcolonial Nigeria.

In Nation on Board: Becoming Nigerian at Sea, Lynn Schler traces the fate of these seamen in the transition from colonialism to independence. In so doing, she renews the case for labor history as a lens for understanding decolonization, and brings a vital transnational perspective to her subject. By placing the working-class experience at the fore, she complicates the dominant view of the decolonization process in Nigeria and elsewhere.

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Native Americans and Public Policy
Fremont J. Lyden
University of Pittsburgh Press, 1992

Native Americans, who are recognized simultaneously as sovereign tribal groups and as American citizens, present American society and its policy-making process with a problem fundamentally different from that posed by other ethnic minorities. In these essays, the contributors discuss the historical background, certain pathologies of Indian-white relations, questions of legal sovereignty and economic development, and efforts to find new ways of successfully resolving recent controversies.

Contributors:  Gary C. Anders; Russel Lawrence Barsh; Guillermo Bartelt; Duane Champagne; Ward Churchill; Michael J. Evans; M. Annette Jaimes; Anne McCullogh; C. Patrick Morris; Nicholas C. Peroff; Kurt Russo; Dave Somers; Richard W. Stoffle; Ronald L. Trosper; Steven Zubalik; and the editors.

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Native Waters
Contemporary Indian Water Settlements and the Second Treaty Era
Daniel McCool
University of Arizona Press, 2002
Since the beginning of the reservation era, the bitter conflict between Indians and non-Indians over water rights was largely confined to the courtroom. But in the 1980s the federal government began to emphasize negotiated settlements over lawsuits, and the settlements are changing water rights in fundamental ways—not only for tribes but also for non-Indian communities that share scarce water resources with Indians. In Native Waters, Daniel McCool describes the dramatic impact these settlements are having both on Indian country and on the American West as a whole. Viewing the settlements as a second treaty era, he considers whether they will guarantee the water future of reservations—or, like treaties of old, will require tribes to surrender vast resources in order to retain a small part of their traditional homelands. As one tribal official observed, "It's like your neighbors have been stealing your horses for many years, and now we have to sit down and decide how many of those horses they get to keep." Unlike technical studies of water policy, McCool's book is a readable account that shows us real people attempting to end real disputes that have been going on for decades. He discusses specific water settlements using a combination of approaches—from personal testimony to traditional social science methodology—to capture the richness, complexity, and human texture of the water rights conflict. By explaining the processes and outcomes in plain language and grounding his presentation in relevant explanations of Indian culture, he conveys the complexity of the settlements for readers from a wide range of disciplines. Native Waters illustrates how America is coming to grips with an issue that has long been characterized by injustice and conflict, seeking to enhance our understanding of the settlements in the hope that this understanding will lead to better settlements for all parties. As one of the first assessments of a policy that will have a pervasive impact for centuries to come, it shows that how we resolve Indian water claims tells us a great deal about who we are as a nation and how we confront difficult issues involving race, culture, and the environment.
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Naturalizing Mexican Immigrants
A Texas History
By Martha Menchaca
University of Texas Press, 2011

2013 — NACCS Book Award – National Association for Chicana and Chicano Studies

During the nineteenth and early twentieth centuries, a majority of the Mexican immigrant population in the United States resided in Texas, making the state a flashpoint in debates over whether to deny naturalization rights. As Texas federal courts grappled with the issue, policies pertaining to Mexican immigrants came to reflect evolving political ideologies on both sides of the border.

Drawing on unprecedented historical analysis of state archives, U.S. Congressional records, and other sources of overlooked data, Naturalizing Mexican Immigrants provides a rich understanding of the realities and rhetoric that have led to present-day immigration controversies. Martha Menchaca's groundbreaking research examines such facets as U.S.-Mexico relations following the U.S. Civil War and the schisms created by Mexican abolitionists; the anti-immigration stance that marked many suffragist appeals; the effects of the Spanish American War; distinctions made for mestizo, Afromexicano, and Native American populations; the erosion of means for U.S. citizens to legalize their relatives; and the ways in which U.S. corporations have caused the political conditions that stimulated emigration from Mexico.

The first historical study of its kind, Naturalizing Mexican Immigrants delivers a clear-eyed view of provocative issues.

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Nature's Wild
Love, Sex, and Law in the Caribbean
Andil Gosine
Duke University Press, 2021
In Nature's Wild, Andil Gosine engages with questions of humanism, queer theory, and animality to examine and revise understandings of queer desire in the Caribbean. Surveying colonial law, visual art practices, and contemporary activism, Gosine shows how the very concept of homosexuality in the Caribbean (and in the Americas more broadly) has been overdetermined by a colonially influenced human/animal divide. Gosine refutes this presupposed binary and embraces animality through a series of case studies: a homoerotic game called puhngah, the institution of gender-based dress codes in Guyana, and efforts toward the decriminalization of sodomy in Trinidad and Tobago—including the work of famed activist Colin Robinson, paintings of human animality by Guadeloupean artist Kelly Sinnapah Mary, and Gosine's own artistic practice. In so doing, he troubles the ways in which individual and collective anxieties about “wild natures” have shaped the existence of Caribbean people while calling for a reassessment of what political liberation might look like.

Duke University Press Scholars of Color First Book Award recipient
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Negotiating Tribal Water Rights
Fulfilling Promises in the Arid West
Bonnie G. Colby, John E. Thorson, and Sarah Britton; Foreword by David H. Getches
University of Arizona Press, 2005
Water conflicts plague every river in the West, with the thorniest dilemmas found in the many basins with Indian reservations and reserved water rights—rights usually senior to all others in over-appropriated rivers. Negotiations and litigation over tribal water rights shape the future of both Indian and non-Indian communities throughout the region, and intense competition for limited water supplies has increased pressure to address tribal water claims.

Much has been written about Indian water rights; for the many tribal and non-Indian stakeholders who rely upon western water, this book now offers practical guidance on how to negotiate them. By providing a comprehensive synthesis of western water issues, tribal water disputes, and alternative approaches to dispute resolution, it offers a valuable sourcebook for all—tribal councils, legislators, water professionals, attorneys—who need a basic understanding of the complexities of the situation.

The book reviews the history, current status, and case law related to western water while revealing strategies for addressing water conflicts among tribes, cities, farms, environmentalists, and public agencies. Drawing insights from the process, structure, and implementation of water rights settlements currently under negotiation or already agreed to, it presents a detailed analysis of how these cases evolve over time. It also provides a wide range of contextual materials, from the nuts and bolts of a Freedom of Information Act request to the hydrology of irrigation. It also includes contributed essays by expert authors on special topics, as well as interviews with key individuals active in water management and tribal water cases.

As stakeholders continue to battle over rights to water, this book clearly addresses the place of Native rights in the conflict. Negotiating Tribal Water Rights offers an unsurpassed introduction to the ongoing challenges these claims present to western water management while demonstrating the innovative approaches that states, tribes, and the federal government have taken to fulfill them while mitigating harm to both non-Indians and the environment.

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front cover of Neuroscience and the Law
Neuroscience and the Law
Edited by Brent Garland
Dana Press, 2004
How can discoveries in neuroscience influence America’s criminal justice system? Neuroscience and the Law examines the growing involvement of neuroscience in legal proceedings and considers how scientific advances challenge our existing concepts of justice. Based on an invitational meeting convened by the Dana Foundation and the American Association for the Advancement of Science, the book opens with the deliberations of the twenty-six scientists and legal scholars who attended the conference and concludes with the commissioned papers of four distinguished scholars in law and brain research.

Contributors:
Michael S. Gazzaniga
Henry T. Greeley
Laurence Tancredi
Stephen Morse
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A New Type of Womanhood
Discursive Politics and Social Change in Antebellum America
Natasha Kirsten Kraus
Duke University Press, 2008
In A New Type of Womanhood, Natasha Kirsten Kraus retells the history of the 1850s woman’s rights movement. She traces how the movement changed society’s very conception of “womanhood” in its successful bid for economic rights and rights of contract for married women. Kraus demonstrates that this discursive change was a necessary condition of possibility for U.S. women to be popularly conceived as civil subjects within a Western democracy, and she shows that many rights, including suffrage, followed from the basic right to form legal contracts. She analyzes this new conception of women as legitimate economic actors in relation to antebellum economic and demographic changes as well as changes in the legal structure and social meanings of contract.

Enabling Kraus’s retelling of the 1850s woman’s rights movement is her theory of “structural aporias,” which takes the institutional structures of any particular society as fully imbricated with the force of language. Kraus reads the antebellum relations of womanhood, contract, property, the economy, and the nation as a fruitful site for analysis of the interconnected power of language, culture, and the law. She combines poststructural theory, particularly deconstructive approaches to discourse analysis; the political economic history of the antebellum era; and the interpretation of archival documents, including woman’s rights speeches, petitions, pamphlets, and convention proceedings, as well as state legislative debates, reports, and constitutional convention proceedings. Arguing that her method provides critical insight not only into social movements and cultural changes of the past but also of the present and future, Kraus concludes A New Type of Womanhood by considering the implications of her theory for contemporary feminist and queer politics.

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front cover of Normal Life
Normal Life
Administrative Violence, Critical Trans Politics, and the Limits of Law
Dean Spade
Duke University Press, 2015
Revised and Expanded Edition

Wait—what's wrong with rights? It is usually assumed that trans and gender nonconforming people should follow the civil rights and "equality" strategies of lesbian and gay rights organizations by agitating for legal reforms that would ostensibly guarantee nondiscrimination and equal protection under the law. This approach assumes that the best way to address the poverty and criminalization that plague trans populations is to gain legal recognition and inclusion in the state's institutions. But is this strategy effective?

In Normal Life Dean Spade presents revelatory critiques of the legal equality framework for social change, and points to examples of transformative grassroots trans activism that is raising demands that go beyond traditional civil rights reforms. Spade explodes assumptions about what legal rights can do for marginalized populations, and describes transformative resistance processes and formations that address the root causes of harm and violence.

In the new afterword to this revised and expanded edition, Spade notes the rapid mainstreaming of trans politics and finds that his predictions that gaining legal recognition will fail to benefit trans populations are coming to fruition. Spade examines recent efforts by the Obama administration and trans equality advocates to "pinkwash" state violence by articulating the US military and prison systems as sites for trans inclusion reforms. In the context of recent increased mainstream visibility of trans people and trans politics, Spade continues to advocate for the dismantling of systems of state violence that shorten the lives of trans people. Now more than ever, Normal Life is an urgent call for justice and trans liberation, and the radical transformations it will require.
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front cover of Not Just Roommates
Not Just Roommates
Cohabitation after the Sexual Revolution
Elizabeth H. Pleck
University of Chicago Press, 2012

The late twentieth century has seen a fantastic expansion of personal, sexual, and domestic liberties in the United States. In Not Just Roommates, Elizabeth H. Pleck explores the rise of cohabitation, and the changing social norms that have allowed cohabitation to become the chosen lifestyle of more than fifteen million Americans.

Despite this growing social acceptance, Pleck contends that when it comes to the law, cohabitors have been, and continue to be, treated as second-class citizens, subjected to discriminatory laws, limited privacy, a lack of political representation, and little hope for change. Because cohabitation is not a sexual identity, Pleck argues, cohabitors face the legal discrimination of a population with no group identity, no civil rights movement, no legal defense organizations, and, often, no consciousness of being discriminated against. Through in-depth research in written sources and interviews, Pleck shines a light on the emergence of cohabitation in American culture, its complex history, and its unpleasant realities in the present day.

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front cover of Not without Our Consent
Not without Our Consent
Lakota Resistance to Termination, 1950-59
Edward Charles Valandra
University of Illinois Press, 2006
In a 1953 effort to end the authority of local Native American governments, Congress passed Public Law 83-280. Allowing states to apply their criminal and civil laws to Native American country, the law provided an unparalleled opportunity for the state of South Dakota to crush burgeoning Lakota nationalism.
 
Edward Valandra's Not Without Our Consent documents the tenacious and formidable Lakota resistance to attempts at applying this law. In unprecedented depth, it follows their struggle through the 1950s when, against all odds, their resistance succeeded in the amendment of PL 83-280 to include Native consent as a prerequisite to state jurisdiction. The various House and Senate bills discussed in the manuscript are reproduced in five appendices.
 
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