scholarly journals The contra proferentem rule in the reports of the Waitangi Tribunal

2021 ◽  
Author(s):  
◽  
Benjamin Suter
Keyword(s):  
United States ◽  
Native Americans ◽  
Cultural Context ◽  
The United States ◽  
Treaty Of Waitangi ◽  
Waitangi Tribunal ◽  
Unites States

<p>This paper examines the Waitangi Tribunal’s application of the contra proferentem rule, a rule developed by United States courts for the interpretation of treaties with Native Americans. The Waitangi Tribunal adopted the Unites States courts’ approach in one of its earliest reports when interpreting the Treaty of Waitangi and has held on to it ever since, even though it is less prominent in the later reports. As a survey of Tribunal reports reveals, the Tribunal has used the contra proferentem rule to different effects. A comparison of the circumstances surrounding the treaties with Native Americans in the United States and the signing of the Treaty of Waitangi however reveals crucial differences that make an interpretation of the Treaty contra proferentem inappropriate. Given that the Treaty is essentially the text in the Māori language, this paper argues, it should be interpreted as a Māori document, that is to say in the Māori oral and cultural context of the Treaty signings. This however is something that the Tribunal only very rarely attempts.</p>

scholarly journals The contra proferentem rule in the reports of the Waitangi Tribunal

2021 ◽  
Author(s):  
◽  
Benjamin Suter
Keyword(s):  
United States ◽  
Native Americans ◽  
Cultural Context ◽  
The United States ◽  
Treaty Of Waitangi ◽  
Waitangi Tribunal ◽  
Unites States

<p>This paper examines the Waitangi Tribunal’s application of the contra proferentem rule, a rule developed by United States courts for the interpretation of treaties with Native Americans. The Waitangi Tribunal adopted the Unites States courts’ approach in one of its earliest reports when interpreting the Treaty of Waitangi and has held on to it ever since, even though it is less prominent in the later reports. As a survey of Tribunal reports reveals, the Tribunal has used the contra proferentem rule to different effects. A comparison of the circumstances surrounding the treaties with Native Americans in the United States and the signing of the Treaty of Waitangi however reveals crucial differences that make an interpretation of the Treaty contra proferentem inappropriate. Given that the Treaty is essentially the text in the Māori language, this paper argues, it should be interpreted as a Māori document, that is to say in the Māori oral and cultural context of the Treaty signings. This however is something that the Tribunal only very rarely attempts.</p>

Emigrant Psychoanalysts in the USA and the FBI Archives

2004 ◽  
Vol 6 (1) ◽  
pp. 75-92 ◽  
Author(s):  
James E. Goggin
Keyword(s):  
United States ◽  
Civil Rights ◽  
National Socialism ◽  
Cultural Context ◽  
Due Process ◽  
The United States ◽  
External Threats ◽  
The Usa ◽  
The Rich ◽  
New Nation

Interest in the fate of the German psychoanalysts who had to flee Hitler's Germany and find refuge in a new nation, such as the United States, has increased. The ‘émigré research’ shows that several themes recur: (1) the theme of ‘loss’ of one's culture, homeland, language, and family; and (2) the ambiva-lent welcome these émigrés received in their new country. We describe the political-social-cultural context that existed in the United States during the 1930s, 1940s and 1950s. Documentary evidence found in the FBI files of three émigré psychoanalysts, Clara Happel, Martin Grotjahn, and Otto Fenichel, are then presented in combination with other source material. This provides a provisional impression of how each of these three individuals experienced their emigration. As such, it gives us elements of a history. The FBI documents suggest that the American atmosphere of political insecurity and fear-based ethnocentric nationalism may have reinforced their old fears of National Socialism, and contributed to their inclination to inhibit or seal off parts of them-selves and their personal histories in order to adapt to their new home and become Americanized. They abandoned the rich social, cultural, political tradition that was part of European psychoanalysis. Finally, we look at these elements of a history in order to ask a larger question about the appropriate balance between a liberal democratic government's right to protect itself from internal and external threats on the one hand, or crossover into the blatant invasion of civil rights and due process on the other.

scholarly journals Anxiety- and Health-Related Quality of Life Among Patients With Breast Cancer: A Cross-Cultural Comparison of China and the United States

2018 ◽  
pp. 1-9
Author(s):  
Jin You ◽  
Qian Lu ◽  
Michael J. Zvolensky ◽  
Zhiqiang Meng ◽  
Kay Garcia ◽  
...  
Keyword(s):  
Breast Cancer ◽  
Quality Of Life ◽  
United States ◽  
Trait Anxiety ◽  
State Anxiety ◽  
Cultural Context ◽  
The United States ◽  
Cross Cultural ◽  
Chinese Patients

Purpose Literature has documented the prevalence of anxiety and its adverse effect on quality of life among patients with breast cancer from Western countries, yet cross-cultural examinations with non-Western patients are rare. This cross-cultural study investigated differences in anxiety and its association with quality of life between US and Chinese patients with breast cancer. Methods Patients with breast cancer from the United States and China completed measures for anxiety (Spielberger State-Trait Anxiety Inventory) and quality of life (Functional Assessment of Cancer Therapy-Breast). Results After controlling for demographic and medical characteristics, Chinese patients reported higher levels of trait and state anxiety than US patients. Although there was an association between anxiety and quality of life in both groups of patients, the association between state anxiety and quality of life was stronger among Chinese patients than among US patients, with the association between trait anxiety and quality of life the same between the two cultural samples. Conclusion These findings suggest that anxiety and its association with quality of life among patients with breast cancer varies depending on cultural context, which reveals greater anxiety and poorer quality of life among Chinese patients compared with US patients. This suggests greater unmet psychosocial needs among Chinese patients and highlights the need to build comprehensive cancer care systems for a better quality of life in Chinese populations.

scholarly journals Sociocultural Influences on Gambling and Alcohol Use Among Native Americans in the United States

2014 ◽  
Vol 31 (4) ◽  
pp. 1387-1404 ◽  
Author(s):  
David A. Patterson—Silver Wolf ◽  
John W. Welte ◽  
Grace M. Barnes ◽  
Marie-Cecile O. Tidwell ◽  
Paul Spicer
Keyword(s):  
United States ◽  
Native Americans ◽  
Alcohol Use ◽  
The United States ◽  
Sociocultural Influences

Uranium and Vanadium Resources of Utah: An Update in the Era of Critical Minerals and Carbon Neutrality

2021 ◽  
Author(s):  
Stephanie E. Mills ◽  
Bear Jordan
Keyword(s):  
United States ◽  
Native Americans ◽  
Colorado Plateau ◽  
The United States ◽  
Mining District ◽  
Paradox Basin ◽  
Carbon Neutrality ◽  
Uranium Exploration ◽  
San Juan County ◽  
Critical Minerals

Utah is the second largest vanadium producing state and the third largest uranium producing state in the United States. Carnotite, a primary ore mineral for both vanadium and uranium, was first discovered and used by Native Americans as a source of pigment in the Colorado Plateau hysiographic province of eastern Utah. Radioactive deposits have been ommercially mined in Utah since about 1900, starting with radium, followed by vanadium, and thenuranium. In 1952, the discovery of the Mi Vida mine in Utah’s Lisbon Valley mining district in San Juan County kicked off a uranium exploration rush across the Colorado Plateau. As a result, the United States dominated the global uranium market from the early 1950s to late 1970s. In the modern mining era, Utah is an important contributor to the domestic uranium and vanadium markets with the only operating conventional uranium-vanadium mill in the country, multiple uranium-vanadium mines on standby, and active uranium-vanadium exploration. Overall, Utah has produced an estimated 122 million lbs U3O8 and 136 million lbs V2O5 since 1904. Most of this production has been from the sandstone-hosted deposits of the Paradox Basin, with minor production from volcanogenic deposits and as byproducts from other operations across the state

Andrew Jackson, Black American Slavery, and the Trail of Tears

2021 ◽  
Vol 31 (1) ◽  
pp. 119-138
Author(s):  
Earnest N. Bracey ◽  
Keyword(s):  
United States ◽  
Native Americans ◽  
Life Time ◽  
The United States ◽  
Executive Power ◽  
American People ◽  
Andrew Jackson ◽  
Common Humanity ◽  
American Slavery ◽  
The People

Many revisionist historians today try to make the late President Andrew Jackson out to be something that he was not—that is, a man of all the people. In our uninhibited, polarized culture, the truth should mean something. Therefore, studying the character of someone like Andrew Jackson should be fully investigated, and researched, as this work attempts to do. Indeed, this article tells us that we should not accept lies and conspiracy theories as the truth. Such revisionist history comes into sharp focus in Bradley J. Birzer’s latest book, In Defense of Andrew Jackson. Indeed, his (selective) efforts are surprisingly wrong, as he tries to give alternative explanations for Jackson’s corrupt life and political malfeasance. Hence, the lawlessness of Andrew Jackson cannot be ignored or “white washed” from American history. More important, discrediting the objective truth about Andrew Jackson, and his blatant misuse of executive power as the U.S. President should never be dismissed, like his awful treatment of Blacks and other minorities in the United States. It should have been important to Birzer to get his story right about Andrew Jackson, with a more balanced approach in regards to the man. Finally, Jackson should have tried to eliminate Black slavery in his life time, not embrace it, based on the ideas of human dignity and our common humanity. To be brutally honest, it is one thing to disagree with Andrew Jackson; but it is quite another to feel that he, as President of the United States, was on the side of all the American people during his time, because it was not true. Perhaps the biggest question is: Could Andrew Jackson have made a positive difference for every American, even Black slaves and Native Americans?

Thinking Birth Differently

2017 ◽  
Vol 6 (4) ◽  
pp. 23-46
Author(s):  
Alison Happel-Parkins ◽  
Katharina A. Azim
Keyword(s):  
United States ◽  
Narrative Inquiry ◽  
Cultural Context ◽  
The United States ◽  
Metropolitan City ◽  
First Child ◽  
Susan Bordo ◽  
Gayatri Chakravorty Spivak

This feminist narrative inquiry discusses the experiences of two women in a metropolitan city in the Midsouth of the United States who each intended to have a drug- and intervention-free childbirth for the birth of their first child. This data came from a larger study that included narratives from six participants. Using Alecia Y. Jackson and Lisa A. Mazzei's concept of “plugging in,” we read and analyzed the data through three feminist theorists: Sara Ahmed, Gayatri Chakravorty Spivak, and Susan Bordo. This allowed us to push the limits of intelligibility of women and their narratives, challenging the dominant, medicalized discourses prevalent in the current cultural context of the United States.

scholarly journals Epidemiology and Factors Affecting Mortality of Hospitalized Patients with Disseminated Intravascular Coagulation in the United States

Blood ◽  
2019 ◽  
Vol 134 (Supplement_1) ◽  
pp. 2404-2404
Author(s):  
Arya Mariam Roy ◽  
Manojna Konda ◽  
Akshay Goel ◽  
Appalanaidu Sasapu
Keyword(s):  
United States ◽  
African Americans ◽  
Native Americans ◽  
Mortality Rate ◽  
Length Of Stay ◽  
Disseminated Intravascular Coagulation ◽  
The United States ◽  
Hospitalized Patients ◽  
Northeast Region ◽  
Intravascular Coagulation

Introduction Disseminated Intravascular Coagulation (DIC) is a systemic coagulopathy which leads to widespread thrombosis and hemorrhage and ultimately results in multiorgan dysfunction. DIC usually occurs as a complication of illnesses like severe sepsis, malignancies, trauma, acute pancreatitis, burns, and obstetrical complications. The prognosis and mortality of DIC depend on the etiology, however, the mortality of DIC is known to be on the higher side. The aim of the study is to analyze if gender, race, regional differences have any association with the mortality of hospitalized patients with DIC. Method The National Inpatient Sample database from the Healthcare Cost and Utilization Project (HCUP) for the year 2016 was queried for data. We identified hospital admissions for DIC with the International Classification of Diseases, Tenth Revision, Clinical Modification diagnosis code D65. The data was analyzed with STATA 16.0 version and univariate and multivariate analysis were performed. We studied the characteristics of all such hospitalizations for the year 2016 and the factors associated with the in-hospital mortality rate (MR) of DIC. We used length of stay, cost of stay as an outcome to determine if gender, race, and location play a role in the mortality. Results A total of 8704 admissions were identified with a diagnosis of DIC during the year 2016. The mean age for admission was found to be 56.48± 0.22. The percentage of admissions in females and males did not have a notable difference (50.57% vs 49.43%). The disease specific MR for DIC was 47.7%. Admission during weekend vs weekdays did not carry a statistically significant difference in terms of MR. Females with DIC were less likely to die in the hospital when compared to males with DIC (OR= 0.906, CI 0.82 - 0.99, p= 0.031). Interestingly, African Americans (AA) with DIC admissions were found to have 24% more risk of dying when compared to Caucasians admitted with DIC (OR= 1.24, CI 1.10 - 1.39, P= 0.00), Native Americans (NA) has 67% more risk of dying when compared to Caucasians (OR= 1.67, CI 1.03 - 2.69, p= 0.035). The mortality rate of NA, AA, Caucasians with DIC was found to be 57%, 52%, 47% respectively. The MR was found to be highest in hospitals of the northeast region (52%), then hospitals in the south (47%), followed by west and mid-west (46%), p= 0.000. Patients admitted to west and mid-west were 24% less likely to die when compared to patients admitted to northeast region hospitals (OR= 0.76, p= 0.001). The average length of stay and cost of stay were also less in west and mid-west regions when compared to north east. The difference in outcomes persisted after adjusting for age, gender, race, hospital division, co-morbid conditions. Conclusion Our study demonstrated that African Americans and Native Americans with DIC have high risk of dying in the hospital. Also, there exists a difference between the mortality rate, length and cost of stay among different regions in the United States. More research is needed to elucidate the factors that might be impacting the location-based variation in mortality. Disclosures No relevant conflicts of interest to declare.

scholarly journals Collecting locally : Walker Evans's photographs of Alabama in Alabama institutions

2021 ◽  
Author(s):  
Mallory Lapointe Taylor
Keyword(s):  
United States ◽  
Cultural Context ◽  
American South ◽  
The United States ◽  
History Of Photography ◽  
The Arts ◽  
Walker Evans ◽  
History Of ◽  
The American South

Within the United States, the American South can be perceived as its own entity. From the arts to Southern cuisine, the South commands attention with its own history, myths and culture. Within the history of photography, Walker Evans's photographs of Alabama are arguably some of the most culturally significant images taken of the state and its residents. This thesis investigates how photographs of Alabama are collected in the same locality. By examining the collecting practices of four Alabama institutions in regards to photographs in general, and Walker Evans specifically, this case study will expand on the question of how photographs, in a Southern cultural context, work to create a sense of place and attachment to local geography.

scholarly journals The use of cultural risk assessment within the 1994 Tribal land-grant colleges and universities

2020 ◽  
Vol 1 (1) ◽  
pp. 1-3
Author(s):  
Alvin L Young
Keyword(s):  
United States ◽  
Risk Assessment ◽  
Native Americans ◽  
Natural Resources ◽  
Waste Treatment ◽  
The United States ◽  
Decision Makers ◽  
Land Grant ◽  
United States Department ◽  
Cultural Issues

In 1994, the United States Congress established 35 Colleges or Universities on Reservation Lands of the Native Americans throughout the Midwest and Western United States. These new institutions were provided annual funds from the United States Department of Agriculture for education, research and extension, components of the Land-Grant system. Today, issues related to risk assessment and risk management confront tribal decision-makers as they cope with risks, both real and perceived, that include the transportation of hazardous materials through the reservation, the clean-up of contaminated sites within the reservation, the environmental restoration of Federal facilities, the siting of waste treatment, storage, and disposal facilities, the development of tribal mineral and other natural resources, and the construction and operation of industrial and commercial facilities within the reservation. Tribal decision-makers lack Indian-specific epidemiologic, genetic, and cultural information that impact current risk assessment models needed to incorporate tribal cultural issues. There is a need to enhance the science skills of tribal college faculty in assisting tribal councils and tribal colleges in the long-term planning and stewardship of natural resources on their reservations.

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