Explore the vast range of titles available.

It is not uncommon for white suburban youths to perform rap music, for New York fashion designers to ransack the world's closets for inspiration, or for Euro-American authors to adopt the voice of a geisha or shaman. But who really owns these art forms? Is it the community in which they were originally generated, or the culture that has absorbed them?While claims of authenticity or quality may prompt some consumers to seek cultural products at their source, the communities of origin are generally unable to exclude copyists through legal action. Like other works of unincorporated group authorship, cultural products lack protection under our system of intellectual property law. But is this legal vacuum an injustice, the lifeblood of American culture, a historical oversight, a result of administrative incapacity, or all of the above?Who Owns Culture?offers the first comprehensive analysis of cultural authorship and appropriation within American law. From indigenous art to Linux, Susan Scafidi takes the reader on a tour of the no-man's-land between law and culture, pausing to ask: What prompts us to offer legal protection to works of literature, but not folklore? What does it mean for a creation to belong to a community, especially a diffuse or fractured one? And is our national culture the product of Yankee ingenuity or cultural kleptomania?Providing new insights to communal authorship, cultural appropriation, intellectual property law, and the formation of American culture, this innovative and accessible guide greatly enriches future legal understanding of cultural production.

This article argues that in Indian Nullification and A Son of the Forest, William Apess uses an antinomian practice of nullification to link together Indigenous and Black struggles for decolonization and abolition in the 1830s. The article reimagines the Puritan concept of antinomianism, the idea that because God gives grace freely one need not adhere to civil law, in order to describe a rejection of the very premises of the laws that have constitutively denied protection to Indigenous and Black Americans. The formal and textual politics of these writings challenge settler normalizations of private property in both land and in persons, which were used to dispossess and enslave Indigenous and Black persons. Apess's strategic deployments of settler law and settler religion are radical decolonial practices, which both point out and undermine the injustices written into American law.

Catherine Malabou writes of the accident as an \"explosive transformation,\" the becoming of \"someone else, an absolute other, someone who will never be reconciled with them selves again.\" I define three accidental transformations—the use of statistics to invalidate the signature of a multimillion dollar will, the use of statistics to objectify racial categories in the case of People vs. Collins, and the accidental algorithmics that led to the lethal collision of a Tesla autonomous driving vehicle—to demonstrate how statistics and algorithms are fundamentally transformative, resulting in the production of an epistemic other, a \"someone else\" that escapes our own metaphysical assumptions.

Leo, refugee from a central African nation, waiting for overseas resettlement by United Nations High Commissioner for Refugees leo was in his late twenties in late 2013 when he fled his home country in central Africa because his powerful family became a target of political persecution.1 With documented and bodily evidence of torture, he was among the less than 1 percent of applicants recognized as refugees by the Hong Kong office of the United Nations High Commissioner for Refugees (unhcr). Over the next few months, Leo would tell me about his sexual conquests, while denouncing the practices of other African asylum-seeking men who had sex with women for material gain, or wooed women into marriage just to get a Hong Kong identity card (hkid). Pro-China conservative political parties, together with several mainstream media outlets, discussed the threat of fake refugees, made alarmist reports about their criminal activities, and proposed setting up closed camps to physically remove them from the city. Most men come to experience a profound sense of emasculation as they struggle against these institutional constraints. Since the Hong Kong Immigration Department took over all screening for asylum and torture claims from the unhcr in 2014, the extraordinarily low rate of recognition at under 1 percent made many consider marriage to locals as the only way to exit the limbo of the asylum system.

Advances in forensic identification using molecular genetics are helpful in resolving some historical mysteries. The aim of this study was to confirm the authenticity of shrunken-head artifacts exhibited by two Polish museums. Shrunken heads, known as tsantsas , were headhunting trophies of South American Indians (Jivaroan). A special preparation preserved their hair and facial appearance. However, it was quite common to offer counterfeit shrunken heads of sloths or monkeys to collectors of curiosities. We sampled small skin specimens of four shrunken-head skin from the museum collection from Warsaw and Krakow, Poland. Following genomic DNA isolation, highly polymorphic short tandem repeats were genotyped using a commercial chemistry and DNA sequencing analyzer. Haplogroups of human Y chromosome were identified. We obtained an informative genetic profile of genomic short tandem repeats from all the samples of shrunken heads. Moreover, amplification of amelogenin loci allowed for sex determination. All four studied shrunken heads were of human origin. In two ones, a shared Y-chromosome haplogroup Q characteristic for Indigenous Americans was detected. Another artifact was counterfeited because Y-chromosome haplogroup I2 was found, characteristic for the Southeastern European origin. Commercial genetic methods of identification can be applied successfully in studies on the origin and authenticity of some unusual collection items.

Water-related struggles worldwide may not involve armed conflict or direct bodily harm, but they are still violent in nature. Over the past century the Yaqui Tribe has continually contested water development plans and challenged distribution schemes, seeking to regain control over its livelihoods and the production of space in its ancestral homeland. In the Mexican state of Sonora we are currently witnessing a new chapter of the violent saga around water access in the Yaqui River valley. In fighting the proposed construction of the Independencia Aqueduct, intended to transfer water from the Yaqui River to the capital city of Hermosillo, the tribe's struggles for recognition as a rightful resource holder have intensified. Paradoxically, dispossession is justified through an international human rights discourse and the relentless interrogation of indigenous authenticity aimed at delegitimizing Yaqui traditional resource claims. Las luchas relacionadas con el agua en todo el mundo no necesariamente conllevan conflicto armado o daño físico directo, pero todavía son violentas por naturaleza. Durante el ultimo siglo la tribu yaqui han impugnado continuamente los planes de desarrollo del agua y cuestionado los programas de distribución, con el propósito de recobrar el control sobre sus medios de subsistencia y la producción del espacio en su tierra ancestral. En el estado mexicano de Sonora estamos siendo testigos de un nuevo capítulo en la saga violenta en torno al acceso al agua en el Valle del Río Yaqui. Con la batalla contra el proyecto de construcción del Acueducto Independencia— diseñado para transportar agua del Río Yaqui a la ciudad capital de Hermosillo—las luchas de la tribu por el reconocimiento como dueños legítimos del recurso se han intensificado. Paradójicamente, el despojo se justifica por medio de un discurso de derechos humanos internacionales y el cuestionamiento implacable de la autenticidad indígena con el propósito de deslegitimar los reclamos yaquis sobre los recursos.

Taken to their logical endpoint, Carter's observations usher hip-hop out of the limited purview of Hip-Hop Studies and into the more capacious intersection of Black Studies, Literary studies, and Sound Studies, a subfield including Shana Redmond's Anthem, Ashon Crawley's Blackpentacostal Breath, Emily Lordi's Black Resonance, Candace Jenkin's \"Hip-Hop and the Literary\" collection, and Nathaniel Mackey's writing.1 Multiple essays from the early twentieth century down to the 1980s—including W.E.B Du Bois's \"Sorrow Songs,\" Zora Neale Hurston's \"Spirituals and Neo-Spirituals,\" James Baldwin's \"If Black English Isn't a Language, Then Tell Me, What Is?\" and James Snead's \"On Repetition in Black Culture\"—inform classic studies of hip-hop. Confronted with the only domestic bombing of American civilians in US history, with half of those murdered being children, with a Black mayor, Wilson Goode, calling for the strike in a largely black northern metropolis, King would be horrified beyond belief at seeing his \"burning house\" metaphor take on such deathly reality. [...]there's more: MOVE's megaphoned screeds echoing against concrete; officials thumping eviction notices on the MOVE commune's entrance; MOVE clinics and study groups organizing the neighborhood; later, law enforcement and firefighters demanding Mayor Goode's confirmation to take drastic measures in the shootout; a helicopter whirling overhead, dropping its gruesome freight; the blast, roar, and crackle of fires eating dozens of homes; the negative peace of MOVE members in lapideous repose; the grating sound of Mayor Goode thumbing through currency to pay with a counterfeit apology, months later. \"First Questions: The Mission of Africana Studies: An Interview with Hortense Spillers.\"

Purpose This paper aims to convict the offender of real concurrence offenses of the most severe offense and applying the most severe penalty will result in no distinction between the perpetrator who conducted more than one act and the one who conducted only one act. This approach deviates from the purpose of criminal law. The real concurrence of offenses means several offenses, the perpetrator’s dangerousness and culpability are much higher than the perpetrator who commits just one crime, so combined punishments for several offenses should be applied to the real concurrence of offenses. Design/methodology/approach If the depositors are acquaintances or relatives and friends, the relationship can be explained by “personality trust.” If the depositors are strangers, but they have complied with their duties of care, the deposit relationship can be explained by “system trust.” Findings The real concurrence of offenses means several offenses, the perpetrator’s dangerousness and culpability are much higher than the perpetrator who commits just one crime, so combined punishments for several offenses should be applied to the real concurrence of offenses. Originality/value The principle of choosing the most severe punishment applied to the real concurrence of offense should be abolished. As the perpetrator separately conducts two acts at different times, these acts infringe on different legal interests. Although these acts exist closely, the authors cannot deny that these acts constitute more than one offense.

6 Writing Never Arrives Naked foreshadowed some of the arguments made so impressively by Lisa Brooks in her The Common Pot, published two years after Van Toorn's study and focussing on Native Americans in the northeastern United States.7 It was mainly these two books that have shown what can be hidden behind words and through writing, and also the fact that the mere use of alphabetic writing did not necessarily mean that all Indigenous ways had been erased in those doing the writing.8 Brooks, for instance, revealed that the self-deprecating tone of Native petitions should not be taken too literally.9 This is how I came to scrutinize Cherokee and Seneca letters for diplomatic and other Indigenous traditions and Native American customary law.10 It also became clear to me through the work of Van Torn and Brooks (and many others) that not everyone who contributed to something written necessarily had to put pen to paper themselves.On Indigenous nonfiction writing in particular there is much excellent work that has been and is being done in the US, even though the majority of it has so far focussed on the eighteenth century and may at times lack the deep involvement with writing's Indigenous elements that marks some of the best work in and from Australia and New Zealand.37 Much excellent work in the area has also been done elsewhere, and especially so in or on Mexico.38 On a cursory examination of the impact, it appears to have been as limited as the work done in the Pacific, in spite of the geographical distance and the fact that much of it has been written in English.39 While at times seen as something almost exotic, work by UK scholars on the United States has been appreciated somewhat more in the US, and in connection to Native writing one might mention especially David Murray's contribution.40 However, at a recent conference of the Native American and Indigenous Studies Association (NAISA), where Australians formed the largest minority, attendance at panels on Australia, New Zealand, or the Pacific more generally drew a noticeably smaller audience than those dedicated to the US (or even Canada).Migrant Fictions (Cambridge: Cambridge University Press, 2007), as well as the work of Christoper Teuton, Daniel Heath Justice, and Joshua Nelson. 14 See, for instance, Hilary E. Wyss, Writing Indians: Literacy, Christianity, and Native Community in Early America (Amherst and Boston: University of Massachusetts Press, 2000); Wyss, English Letters and Indian Literacies: Reading, Writing, and New England Missionary Schools, 1750–1830 (Philadelphia: University of Pennsylvania Press, 2012); Bernd C. Peyer, ed., The Elders Wrote: An Anthology of Early Prose by North American Indians 1768–1931 (Berlin: Dietrich Reimer Verlag, 1982); Peyer, The Thinking Indian: Native American Writers, 1850s–1920s (Frankfurt am Main: Peter Lang, 2007); Lisa Philips, “ Unexpected Languages: Multilingualism and Contact in Eighteenth- and Nineteenth-Century North America,” American Indian Culture and Research Journal, 35, 2 (2011), 19–41 10.17953/aicr.35.2.d068130q08554n06.Praeger, 2002); David Murray, Forked Tongues: Speech, Writing and Representations in North American Indian Texts (London: Pinter, 1991); Laura J. Murray and Keren Rice, eds., Talking on the Page: Editing Aboriginal Oral Texts (Toronto: University of Toronto Press, 1999); Laura J. Murray, To Do Good to My Indian Brethren: The Writings of Joseph Johnson, 1751–1776 (Amherst: University of Massachusetts Press, 1998); Drew Lopenzina, Red Ink: Native Americans Picking Up the Pen in the Colonial Period (Albany: SUNY, 2012); Lisa Phillips, “ Unexpected Languages: Multilingualism and Contact in Eighteenth- and Nineteenth-Century North America,” American Indian Culture and Research Journal, 35, 2 (2011), 19–41 10.17953/aicr.35.2.d068130q08554n06; Peyer, The Elders Wrote; and Peyer, The Thinking Indian.

This article contributes to the study of racial-group politics by examining how Black and White Americans create authentic racial identities through the regulation of ideological adherence to color-consciousness and color-blindness, respectively. The article first theorizes about the relationship between racial ideology and racial authenticity. We then illustrate our hypotheses through an analysis of responses of Black and White racial group members to Black conservatives and White racial justice activists, whose viewpoints and agendas are read as contradictory to the broad goals of the majority of their racial counterparts. We explore, through an examination of empirical instances of chastisement, exclusion, and public de-authentication of individuals who deviate from the dominant ideology of their racial group, some of the ways Black and White Americans attempt to control in-group political behavior and to enforce indigenous standards for group-based public representation.