American Indians and the Right to Vote: United States v. Elm (1877), Its Origins, and Its Impact

2021 ◽  
Vol 20 (2) ◽  
pp. 234-251
Author(s):  
Laurence M. Hauptman

AbstractIn November 1876, two Oneida Indians, Abram Elm and Lewis Doxtator, were arrested for voting illegally in the twenty-third congressional district election in New York. Their trial was held the next year in a federal court in the Northern District of New York, the same venue where Susan B. Anthony had been tried and convicted on a similar charge four years earlier. This essay focuses on the significance of the historically neglected United States v. Elm case, its origins, why the decision was rendered, and its short-term and long-term impact. Importantly, United States v. Elm has cast a long shadow over Supreme Court decisions—from the time of Elk v. Wilkins in 1884 right up to City of Sherrill v. Oneida Indian Nation in New York in 2005. In going to the polls, the two Native Americans were not trying to deny their Oneida identity; they saw themselves as dual citizens advocating a different course of resistance.

Author(s):  
Federico Varese

Organized crime is spreading like a global virus as mobs take advantage of open borders to establish local franchises at will. That at least is the fear, inspired by stories of Russian mobsters in New York, Chinese triads in London, and Italian mafias throughout the West. As this book explains, the truth is more complicated. The author has spent years researching mafia groups in Italy, Russia, the United States, and China, and argues that mafiosi often find themselves abroad against their will, rather than through a strategic plan to colonize new territories. Once there, they do not always succeed in establishing themselves. The book spells out the conditions that lead to their long-term success, namely sudden market expansion that is neither exploited by local rivals nor blocked by authorities. Ultimately the inability of the state to govern economic transformations gives mafias their opportunity. In a series of matched comparisons, the book charts the attempts of the Calabrese 'Ndrangheta to move to the north of Italy, and shows how the Sicilian mafia expanded to early twentieth-century New York, but failed around the same time to find a niche in Argentina. The book explains why the Russian mafia failed to penetrate Rome but succeeded in Hungary. A pioneering chapter on China examines the challenges that triads from Taiwan and Hong Kong find in branching out to the mainland. This book is both a compelling read and a sober assessment of the risks posed by globalization and immigration for the spread of mafias.


2021 ◽  
pp. e1-e3
Author(s):  
R. Tamara Konetzka

Approximately 40% of all COVID-19 deaths in the United States have been linked to long-term care facilities.1 Early in the pandemic, as the scope of the problem became apparent, the nursing home sector generated significant media attention and public alarm. A New York Times article in mid-April referred to nursing homes as “death pits”2 because of the seemingly uncontrollable spread of the virus through these facilities. This devastation continued during subsequent surges,3 but there is a role for policy to change this trajectory. (Am J Public Health. Published online ahead of print January 28, 2021: e1–e3. https://doi.org/10.2105/AJPH.2020.306107 )


Author(s):  
Jack Goldsmith ◽  
Tim Wu

If you had met Jon Postel in 1998, you might have been surprised to learn that you were in the presence of one of the Internet’s greatest living authorities. He had a rambling, ragged look, living in sandals and a large, unkempt beard. He lived like a modern-day Obi-Wan Kenobi, an academic hermit who favored solitary walks on the Southern California beach. When told once by a reporter that readers were interested in learning more about his personal life, he answered: “If we tell them, they won’t be interested anymore.” Yet this man was, and had been for as long as anyone could remember, the ultimate authority for assignment of the all-important Internet Protocol (IP) numbers that are the essential feature of Internet membership. Like the medallions assigned to New York City taxicabs, each globally unique number identifies a computer on the Net, determining who belongs and who doesn’t. “If the Net does have a God,” wrote the Economist in 1997, “he is probably Jon Postel.” Jon Postel was a quiet man who kept strong opinions and sometimes acted in surprising ways. The day of January 28, 1998, provided the best example. On that day Postel wrote an e-mail to the human operators of eight of the twelve “name servers” around the globe. Name servers are the critical computers that are ultimately responsible for making sure that when you type a name like google.com you reach the right address (123.23.83.0). On that day Postel asked the eight operators, all personally loyal to Postel, to recognize his computer as the “root,” or, in essence, the master computer for the whole Internet. The operators complied, pointing their servers to Postel’s computer instead of the authoritative root controlled by the United States government. The order made the operators nervous—Paul Vixie, one of the eight, quietly arranged to have someone look after his kids in case he was arrested. Postel was playing with fire. His act could have divided the Internet’s critical naming system into two gigantic networks, one headed by himself, the other headed by the United States. He engineered things so that the Internet continued to run smoothly. But had he wanted to during this critical time, he might have created chaos.


1984 ◽  
Vol 18 (3) ◽  
pp. 800-813
Author(s):  
Lawrence H. Fuchs

This essay explores the question of the impact of illegal migration on American unity and cultural pluralism in the United States. Assuming that over time the descendents of undocumented workers now in the United States will behave substantially like descendants of those who immigrate legally, the author concludes that the long-term impact of illegal migration barely will be noticeable provided it is reduced substantially in the future. The process of acculturation will work in the same way for both groups as it has for other ethnic groups in the past, given comparable levels of education and length of family residence in the United States. The author takes special notice of the illegal migration of Spanish-speaking workers and hypothesizes that the behavior of their descendants will not differ from the descendants of other immigrants, legal or illegal, in ways that disrupt fundamental patterns of American political unity and cultural pluralism.


2016 ◽  
Vol 11 (4) ◽  
pp. 397-414
Author(s):  
Tiffany Henley ◽  
Maureen Boshier

AbstractThe passage of the Affordable Care Act in the United States has opened a policy window for the establishment of an independent Medicaid agency for the Navajo Nation. This article explores several policy options to improve health care services for Native Americans. Although there is a lack of scholarly research on the impact of healthcare reform and the effectiveness of current health care programs for American Indians, policymakers should utilize evidence-based research to inform policy decisions.


2000 ◽  
Vol 73 (182) ◽  
pp. 221-238
Author(s):  
J. C. H. King

Abstract Identity in Native North America is defined by legal, racial, linguistic and ethnic traits. This article looks at the nomenclature of both Indian, Eskimo and Native, and then places them in a historical context, in Canada and the United States. It is argued that ideas about Native Americans derive from medieval concepts, and that these ideas both constrain Native identity and ensure the survival of American Indians despite accelerating loss of language.


Author(s):  
Mary Garvey Algero

Despite the fundamental differences between the doctrines employed in common law and civil law (or mixed) jurisdictions when it comes to the respect paid to prior court decisions and their weight or value, United States courts that follow the common law doctrine of stare decisis have embraced some of the flexibility inherent in the civil law doctrine, and civil law and mixed jurisdictions throughout the world, including Louisiana, that use the doctrine of jurisprudence constante seem to have come to value the predictability and certainty that come with the common law doctrine. This Article suggests that Louisiana courts are striking the right balance between valuing the predictability and certainty of interpretation that comes with a healthy respect for precedent and maintaining the flexibility and adaptability of the law by not strictly considering precedent a source of law. This Article discusses the results of an ongoing examination of the sources of law and the value of precedent in Louisiana. The examination involves a study of Louisiana legislation, Louisiana courts’ writings about the sources of law and precedent, and a survey of Louisiana judges. Part of the examination included reviewing Louisiana judicial opinions on various issues to determine if there were differences in valuing precedent based on area of law or topic. It also included reviewing judicial opinions from the United States Supreme Court and New York state courts to compare these courts’ approaches to the use of precedent with those of the Louisiana courts. The article is based on a paper presented to the Third Congress of Mixed Jurisdiction Jurists, which was held in Jerusalem, Israel in June 2011, and the author’s prior writings on the subject.


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