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- Creators: Arizona State University
- Creators: Bortner, Peg
Description
This dissertation project is a legal and policy analysis of California's involuntary psychiatric commitment laws and policy as applied to American Indians (AI). Mental health-based civil commitment and conservatorships constitute some of the most severe intrusions into personal liberties and freedom outside of the criminal justice system. In the context of AI peoples and tribal Nations, however, these intrusions implicate not only individual freedoms and well-being but also larger notions of tribal sovereignty, self-determination, culture, and the dialectic relationship between individual identity and community knowledge related to definitions of health, illness and the social meaning of difference. Yet, in the context of involuntary psychiatric commitments, the law reflects a failure to understand this relationship, alternating between strategic use of the sovereignty doctrine to deny access to services or, alternatively, wholly absenting issues of sovereignty and Indigenous worldviews from legal discourse. This project explores the nuanced ways in which these issues are weaved into the fabric of mental health law and policy and how they function to codify, enact and maintain colonization for AI peoples and Nations.
ContributorsGough, Heather Robyn (Author) / Brayboy, Bryan Mck. J. (Thesis advisor) / Romero, Mary (Committee member) / Molidor, Christian (Committee member) / Arizona State University (Publisher)
Created2013
Description
By looking at the history and the current state of educational affairs in Indian Country there is an identifiable need to encourage Indigenous students to succeed. Theories involving decolonization, sovereignty rights, and the Indigenous pedagogy are essential to properly empower Indigenous youth. Research involved analyzing four previously implemented programs in Indigenous communities around the world which focused on education, culture, and decolonization. Data was collected through interviews and surveys from undergraduate and graduate students attending Arizona State University. From the information gathered a program is suggested which focuses on teaching Indigenous youth research methods and implementing a program within their community. The suggested program derives ideas from the aforementioned analyzed programs and cultural values in the Diné community.
ContributorsManson, Merry Caroline (Author) / Vicenti Carpio, Myla (Thesis director) / Bortner, Peg (Committee member) / Barrett, The Honors College (Contributor) / School of Letters and Sciences (Contributor) / American Indian Studies Program (Contributor)
Created2014-05
Description
Belonging to a tribe or American Indian Indigenous group in the United States, even if one has already been enrolled or accepted into the community, is a lifelong endeavor. Belonging may be achieved by meeting specific criteria during one life stage yet one must continue to behave and act in ways that align with community expectations to maintain a sense of belonging throughout all life stages. This descriptive qualitative case study presents the findings of in-depth interviews, with five individual tribal members, two male and three female participants, ranging in age from 25 to 55, who are college graduates and tribal members. The study aimed to understand the different forms and ideas of belonging for tribal members, how the notion of belonging is understood and achieved over the life course, and how phenotypic arguments, blood quantum, the role of schooling and demonstration of tribal knowledge influences the extent to which belonging is earned and how that can change over time. The study sought to answer the following questions: How do tribal members define “belonging”? How and in what ways do tribal members learn how to become members of the community? And, what can tribal communities and tribal members do to foster a sense of belonging for members who have left to obtain professional or academic training and seek to return to serve the nation?
The study focused on participants the Gila River Indian Community, a tribal community in southwest Arizona with approximately 23,000 enrolled members, who completed a higher education degree and sought to return to serve as professionals and/or leaders at their tribal nation. Interviews were conducted off-reservation in the Phoenix metropolitan area within a 30-day window and held during the month of September
2015. Interviews were analyzed using three iterative levels of content analysis. Findings suggest there can be three methods of belonging within Gila River: belonging by cultural practices, belonging by legal definition, and belonging by both cultural and legal definition. However, the three methods of belonging do not automatically equate to being accepted by other tribal members.
The study focused on participants the Gila River Indian Community, a tribal community in southwest Arizona with approximately 23,000 enrolled members, who completed a higher education degree and sought to return to serve as professionals and/or leaders at their tribal nation. Interviews were conducted off-reservation in the Phoenix metropolitan area within a 30-day window and held during the month of September
2015. Interviews were analyzed using three iterative levels of content analysis. Findings suggest there can be three methods of belonging within Gila River: belonging by cultural practices, belonging by legal definition, and belonging by both cultural and legal definition. However, the three methods of belonging do not automatically equate to being accepted by other tribal members.
ContributorsMolina, Mario (Author) / Brayboy, Bryan (Thesis advisor) / Moore, Elsie (Committee member) / Nakagawa, Kathryn (Committee member) / Arizona State University (Publisher)
Created2018
Description
In this dissertation, I examine the treatment and sentencing of American Indian defendants. This work contributes to research on cumulative disadvantage and the role race and social context play to influence federal sentencing outcomes. Disparities in federal sentencing for racial and ethnic minorities are an important concern to scholars and policy makers. Literature suggests that blacks and Latinos are sentenced more harshly than similarly situated white offenders. These findings are concerning because they suggest that minorities are treated unfairly by the criminal justice system, questions the legitimacy of how offenders are processed and treated, and defendants of color who are meted out tougher punishments face substantial social and economic difficulties thereafter. Although the black-white and Latino-white disparities have been identified and highlighted, less is known about whether disparities extend to other minority groups, and consequently little is known about the treatment of these neglected groups.
I investigate whether American Indian defendants experience cumulative disadvantages at multiple decision points, disadvantage over time, and the effect of social context on drawing on American Indian disadvantage, the focal concerns and minority threat perspectives. The focal concerns perspective is used to develop hypotheses about how American Indian defendants will receive harsher punishments at multiple decision points. I also use this perspective to predict that American Indian disadvantages will increase over time. Lastly, I examine social context and its effect on punishment decisions for American Indians using the minority threat perspective. I hypothesize that social context impacts how American Indian defendants are sentenced at the federal level.
Data come from the Federal Justice Statistics Program Data Series, the US Census, and the Uniform Crime Report, with a focus on data gathered from the Administrative Office of the United States Courts and the United States Sentencing Commission. A range of modeling strategies are used to test the hypotheses including multinomial logistic regression, ordinary least squares regression, and multilevel modeling.
The results suggest that cumulative disadvantages against American Indian defendants is pronounced, American Indian disparity over time is significant for certain outcomes, and social context plays a limited role in American Indian sentencing disadvantage.
I investigate whether American Indian defendants experience cumulative disadvantages at multiple decision points, disadvantage over time, and the effect of social context on drawing on American Indian disadvantage, the focal concerns and minority threat perspectives. The focal concerns perspective is used to develop hypotheses about how American Indian defendants will receive harsher punishments at multiple decision points. I also use this perspective to predict that American Indian disadvantages will increase over time. Lastly, I examine social context and its effect on punishment decisions for American Indians using the minority threat perspective. I hypothesize that social context impacts how American Indian defendants are sentenced at the federal level.
Data come from the Federal Justice Statistics Program Data Series, the US Census, and the Uniform Crime Report, with a focus on data gathered from the Administrative Office of the United States Courts and the United States Sentencing Commission. A range of modeling strategies are used to test the hypotheses including multinomial logistic regression, ordinary least squares regression, and multilevel modeling.
The results suggest that cumulative disadvantages against American Indian defendants is pronounced, American Indian disparity over time is significant for certain outcomes, and social context plays a limited role in American Indian sentencing disadvantage.
ContributorsRedner-Vera, Erica N. (Author) / Wang, Xia (Thesis advisor) / Spohn, Cassia (Committee member) / Wallace, Danielle (Committee member) / Arizona State University (Publisher)
Created2019
Description
This study situated a lesbian, gay, bisexual, and transgender (LGBT) softball league within the logic of homonormativity and queer futurity and explored how community and identity were constituted, practiced, negotiated, and problematized. The project endeavored to address the questions: What is the meaning and significance of community for the League participants? To what extent and how does participation in the League affect gender and sexual identity discourse and practice? And, in the context of the League, how are dominant ideologies and power structures reinforced, disrupted, and produced? A critical ethnography was undertaken to render lives, relations, structures, and alternative possibilities visible. Data was collected through participant observation, interviews, open-ended questionnaires, and archival document analysis. A three stage process was employed for data transformation including description, analysis, and interpretation. LGBT identified sports clubs, formed as a result of identity politics, are understood to be potential sites of transformation and/or assimilation. Although the League was imbued with the discourses of inclusion and acceptance, the valorizing of competition and normalization led to the creation of hierarchies and a politics of exclusion. The League as an identity-based community was defined by what it was not, by what it lacked, by its constitutive outside. It is possible to learn a great deal about community by looking at what and who is left out and the conspicuous absence of transgender and bisexual participants in the League highlights a form of closure, a limit to the transformative potential of the League.
ContributorsMertel, Sara (Author) / Bortner, Peg (Thesis advisor) / Allison, Maria (Committee member) / Mean, Lindsey (Committee member) / Kivel, Dana (Committee member) / Arizona State University (Publisher)
Created2015