American Indians and 'Preferential' Treatment

Goldberg, Carole

doi:10.2139/ssrn.294559

Cited by 4 publications

(6 citation statements)

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“…Derrick Bell and Robert Williams have each turned critical perspectives to Civil Rights and Federal Indian Law, arriving at insights that provide powerful anti-colonial perspectives. Derrick Bell's (1995a) interest convergence theory functions similarly to the critiques mentioned earlier by Goldberg (2002), Gould (2003), andWilkins (1994) concerning the threat posed to tribal sovereignty by the populace. With regard to Brown and the Civil Rights cases, Bell (1995a) argues that on "a normative level … the notion of racial equality appears to be the proper basis on which Brown rests … yet the reality," according to Bell (1995a), is that "racial equality is not deemed legitimate by large segments of the American people, at least to the extent it threatens to impair the societal status of whites" (p. 22).…”

Section: Conclusion: Interest Convergence and The Singularity Thesis:mentioning

confidence: 74%

“…Hence, when contests have pitted a tribe against an individual, unless the individual was a member of the tribe, the tribe has almost always failed. (p. 674) The diminishment of tribal sovereignty is due to a combination of issues, including those described by Gould (2003) and Goldberg (2002). Similarly, the diminishment of equal protections for minority groups in the United States is due to the Court's reliance on individual rights -leaving open the claims of reverse discrimination that have constituted cases such as Bakke, Grutter, Gratz, and Seattle.…”

Section: The Diminishment Of Tribal Sovereignty: Equal Protection Andmentioning

confidence: 99%

“…Legal scholar Carole Goldberg (2002) explains: "Non-Indians seeking immediate access to Indians' natural resources have often attacked these special benefits through equal rights rhetoric. Over time, the rhetoric has shifted from concern for equal treatment of Indians to fear of unequal treatment of whites" (p. 2).…”

Section: The Diminishment Of Tribal Sovereignty: Equal Protection Andmentioning

confidence: 99%

“…'Ordinarily,' it is now clear, 'an Indian reservation is considered part of the territory of the State' " (p. 671). Gould (2003), like Goldberg (2002), argues that the court has taken this stance, not because they intend to strengthen states' rights or due to a conservative shift in the court, but rather that [t]he root cause of the Court's unwillingness to vest tribes with regulatory or adjudicatory jurisdiction over non-Indians and nonmembers is its inability to reconcile the constitutional protection of individual rights with the tribal conception of group rights. There is virtually no textual basis in the Constitution to support tribal authority over nonmembers, while the rights of individuals to due process and equal protection are hallmarks of the Constitution and the Court's modern jurisprudence.…”

Section: The Diminishment Of Tribal Sovereignty: Equal Protection Andmentioning

confidence: 99%

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Breaching the Colonial Contract

2009

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In today's dominant modes of pedagogy, questions about issues of race, class, gender, sexuality, colonialism, religion, and other social dynamics are rarely asked. Questions about the social spaces where pedagogy takes place -in schools, media, and corporate think tanks -are not raised. And they need to be.The Explorations of Educational Purpose book series can help establish a renewed interest in such questions and their centrality in the larger study of education and the preparation of teachers and other educational professionals. The editors of this series feel that education matters and that the world is in need of a rethinking of education and educational purpose.Coming from a critical pedagogical orientation, Explorations of Educational Purpose aims to have the study of education transcend the trivialization that often degrades it. Rather than be content with the frivolous, scholarly lax forms of teacher education and weak teaching prevailing in the world today, we should work towards education that truly takes the unattained potential of human beings as its starting point. The series will present studies of all dimensions of education and offer alternatives. The ultimate aim of the series is to create new possibilities for people around the world who suffer under the current design of socio-political and educational institutions.For other titles published in this series, go to

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Section: Conclusion: Interest Convergence and The Singularity Thesis:mentioning

confidence: 74%

Section: The Diminishment Of Tribal Sovereignty: Equal Protection Andmentioning

confidence: 99%

Section: The Diminishment Of Tribal Sovereignty: Equal Protection Andmentioning

confidence: 99%

Section: The Diminishment Of Tribal Sovereignty: Equal Protection Andmentioning

confidence: 99%

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Breaching the Colonial Contract

2009

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“…Although beyond the scope of our present paper, affirmative action programs for Native American communities can have different conceptual and historical moorings, including that programs initiated on the basis of the political classification of membership in a federally recognized tribe is potentially legally distinct from programs based on racial and ethnic categories (see Goldberg, ; Reynoso & Kidder, ; Rolnick, ).…”

mentioning

confidence: 99%

Alternative Paths to Diversity: Exploring and Implementing Effective College Admissions Policies

Orfield

2017

ETS Research Report Series

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pic@ets.orgCopies can be downloaded from:www.ets.org/research/picThe views expressed in this report are those of the author and do not necessarily reflect the views of the officers and trustees of Educational Testing Service. About ETSAt ETS, we advance quality and equity in education for people worldwide by creating assessments based on rigorous research. ETS serves individuals, educational institutions and government agencies by providing customized solutions for teacher certification, English language learning, and elementary, secondary and postsecondary education, and by conducting education research, analysis and policy studies. Founded as a nonprofit in 1947, ETS develops, administers and scores more than 50 million tests annually-including the TOEFL ® and TOEIC ® tests, the GRE ® tests and The Praxis Series ® assessments-in more than 180 countries, at over 9,000 locations worldwide. R E S E A R C H R E P O R T Alternative Paths to Diversity: Exploring and Implementing Effective College Admissions PoliciesGary Orfield, Editor The Supreme Court has established the parameters within which universities can practice race-conscious affirmative action for college admissions in a series of decisions beginning in l978. The key issues concern the educational impact of campus diversity and whether or not it is necessary to give some consideration to students' race into order to produce a diverse student body in highly selective colleges. The most recent decision, Fisher v. University of Texas II, taken in June 2016, raised the question of whether there was a viable nonracial alternative policy that would produce the level of diversity for universities to realize the benefits of diverse learning experiences that are a central goal of the great majority of selective colleges and universities. This report explores the issues before the court and the continuing responsibilities of universities under the decision and introduces a series of new studies, most commissioned by a collaboration between the Civil Rights Project and ETS-three of which are included in this volume. The study concludes that the best evidence from the most recent social science studies and research syntheses show that the major proposed alternative policies are far less successful than affirmative action and thus do not meet the Court's definition of feasible alternatives. This conclusion led the Court to approve affirmative action.Keywords Affirmative action; college admissions; college diversity; civil rights; percent plans; SES diversityCorresponding author: Gary Orfield, E-mail: orfield@law.ucla.eduThe future of affirmative action and diversity in American colleges now hinges on the question of whether there is a practical college admissions process with no consideration of a student's race that would produce racially diverse colleges. The basic premise of colleges choosing affirmative action is that it is essential to produce diversity for highly selective colleges. Whether it can continue, however, depends on the U.S. Supreme Court. Since 196...

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The Concept of “Cultural Affiliation” in NAGPRA: Its Potential and Limits in the Global Protection of Indigenous Cultural Property Rights

Kuprecht¹

2012

Int J Cult Prop

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In the debate about indigenous cultural property, the Native American Graves Protection and Repatriation Act (NAGPRA) of the United States has developed and implemented an unorthodox concept of “cultural affiliation.” The act entitles Indian tribes and Native Hawaiian organizations to claim repatriation of their cultural property—comprising human remains, funerary objects, sacred objects, and objects of cultural patrimony—upon the establishment of a specific shared group identity and a cultural affiliation to an object. The concept of cultural affiliation in the act replaces proof of ownership, or proof that an object was stolen or illicitly removed. It thereby amends traditional standards saturated in notions of property and ownership that have perpetuated since Roman law and allows the evolution of a control regime over cultural property that takes into account the cultural aspects of the objects. On an international level, the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) of 2007 stipulates a similar emancipation of indigenous peoples' cultural property claims from notions of property and ownership. This article explores NAGPRA's cultural affiliation concept as it stands between private property and human rights law and brings into focus the concept's elements that go beyond traditional property law. It ultimately looks at the potential and limits of the concept from an international perspective as a standard for other countries that consider implementation of UNDRIP's provisions on indigenous, tangible, movable cultural property.

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American Indians and 'Preferential' Treatment

Cited by 4 publications

References 6 publications

Breaching the Colonial Contract

Breaching the Colonial Contract

Alternative Paths to Diversity: Exploring and Implementing Effective College Admissions Policies

The Concept of “Cultural Affiliation” in NAGPRA: Its Potential and Limits in the Global Protection of Indigenous Cultural Property Rights

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