Looking for Angola: An Archaeological and Ethnohistorical Search for a Nineteenth Century Florida Maroon Community and its Caribbean Connections

The Looking for Angola project (LFA) commenced on December 12, 2004 when shovels broke ground on the south side of the Manatee River at the point where it meets the Braden River. Based upon historical research, this area is believed to be the former location of Angola. Historian John Lee Williams referred to it as Negro Point, 1 but in a land claim document filed by two Cuban fishermen it was labeled Angola. 2 The groundbreaking marked the realization of Project Director Vickie Oldham\u27s wish to relate the story of early African American settlers in the Tampa Bay-Sarasota area of Florida. While conducting a documentary project about Sarasota in 2003, Oldham was surprised to learn that the general public\u27s perception was that African Americans had not resided in that area until the post-Civil War era. She knew, however, that historian Canter Brown, Jr\u27s publications placed them there much earlier. Oldham had read Brown\u27s seminal research on this topic, which documented the existence of a maroon community called Angola (Sarrazota) in that region from 1812 to 1821.

The Opinion Volume 25 Number 1 – April 18, 1984

The Opinion newspaper issue dated April 18, 1984https://digitalcommons.law.buffalo.edu/the_opinion/1185/thumbnail.jp

Constitutional Concern, Membership, and Race

American Indian Tribes in the United States have a unique legal and political status shaped by fluctuating federal policies and the over-arching history of this country’s brand of settler-colonialism. One of the several legacies of this history is that federally recognized tribes have membership rules that diverge significantly from typical state or national citizenship criteria. These rules and their history are poorly understood by judges and members of the public, leading to misunderstandings about the “racial” status of tribes and Indian people, and on occasion to incoherent and damaging decisions on a range of Indian law issues. This article, which is part of a larger project on tribes, sovereignty, and race, will discuss the history of Florida’s tribes, their road from pre-contact independent peoples to federally recognized tribes, and their contemporary membership criteria in order to shed light on the inextricably political nature of race, membership and sovereignty in the American Indian context

Abuse of Dominance by High-Technology Enterprises: A Comparison of U.S. and E.C. Approaches

This paper compares how the United States and the European Community dealt with competition policy challenges by two firms operating at the frontiers of technology: Microsoft and Intel. The U.S. Microsoft case was broadly targeted but largely unsuccessful in implementing remedies once violation was found. The European case was more narrowly focused, failing in its media player unbundling remedy but fighting hard to implement its interoperability information remedy. The European case on Intel was also tightly focused, leading to the highest damages judgment in E.C. competition policy history and a mandate to avoid quantity-linked rebates. The newest U.S. case regarding Intel is only in its early stages, but if its ambitious claim for remedies is sustained, difficult monitoring problems will be faced. The paper ends with critical comments on E.C. adjudication procedures

An examination of the attitudes and policies of Andrew Jackson concerning the American Indian

This study will focus on the development of Andrew Jackson\u27s attitude toward the American Indian and the effect of these attitudes on the shaping of official United states policy toward the Indians. Jackson was born and raised on the frontier. There his prejudices were acquired and his personality was formed. Chapter I deals with Jackson\u27s early life as a young frontiersman, politician and Indian-fighter. His championing of the rights of the westerner, his attitudes toward the Indian and his love for the martial spirit led him into the Tennessee militia and the United States Army during the Indian wars. The military period of Jackson\u27s life also is covered in Chapter I. Chapter II discusses the problems arising from the contact between the American colonist and the Indian as the white frontier pressed against and into Indian land. Jackson agreed with the general political justification for expansion: that the frontier must be advanced to provide security for settlements and farms. The average frontiersman would add that expansion also brought land into the hands of those who were meant to use it. Though acquisition of additional land was usually a result rather than a cause of war, few would deny that getting it by conquest was more desirable than buying it. With the cry for removal reaching a crescendo, the advocates found their champion in Andrew Jackson. He would implement the final solution to the Indian problem. Chapter III deals with the Indian removal policy and with Jackson\u27s administration of removals, the dominant Indian feature of his presidency. The policy is described in detail, and the various attempts to justify it are considered. An important part of the removal story involves the relationship between the federal government and the states, the subject of Chapter IV. Jackson believed in the basic rights of states and had no desire to increase the power of the national government at their expense. In the controversy over Indian lands, he felt that the states had jurisdiction. This attitude the stage for this refusal to come to the aid of the Indians, in spite of treaty obligations to them. Chapter IV also covers the reaction to the removal policy by the public and by the Indians. Jackson\u27s tendency to contradict himself is much in evidence in his Indian attitudes and policies. Chapter V attempts to show that he was a pragmatist. He was willing to do whatever was necessary to accomplish his ends, even if it meant completely reversing a principle that he had previously taken great pains to defend. In Chapter VI, conclusions are drawn on the effects of Jackson\u27s Indian attitudes on the people of his own day and on generations that followed. Finally, an attempt is made to explain why Jackson felt and acted as he did in his relationships with the Indians. This section also deals with the charge that he was a racist and that he held the Indian in contempt as an inferior human being. Since the study is concerned primarily with Jackson\u27s attitudes, the principal sources consulted were his letters and speeches. Published collections of Jackson\u27s works proved especially valuable. Particularly helpful were Correspondence of Andrew Jackson, volumes I, II, and III, edited by John S. Bassett and J. F. Jameson and A Compilation of the Messages and Papers of the Presidents, volumes II and III, edited by James D. Richardson. To record the response to Jackson\u27s Indian policies, contemporary newspapers were consulted, especially the New York Evening Post. Secondary sources were examined for detail and description rather than for analysis

WTO and U.N. Law: Institutional Comity in National Security

This Article proposes a new theory for locating the World Trade Organization (WIO) in the larger transnational legal system. The theory would require institutional comity between the VITO and other equally significant institutions, in particular the United Nations, in the emerging global constitutional structure. Institutional comity would govern the conflicts between the VITO and United Nations, much as the traditional public international law concept of comity facilitates the management of analogous conflicts arising between sovereign nation states in the implementation of their regulatory policies. The theory of institutional comity presented in this Article accommodates the competing global interests in trade and security, as well as balances contending visions of national sovereignty and globalization. It also provides a more compelling account of the place of the WTO in international law than that currently available in WTO scholarship, which would treat the VITO either as a mere bargain among states or as having a quasi-constitutional status. The explanatory power of the institutional comity approach is revealed in analysis of the national security exception under the General Agreement on Tariffs and Trade (GA77), which the United States recently threatened to invoke before the WTO in the case concerning Helms-Burton sanctions against countries doing business with Cuba. The interpretation advanced by the Article would limit the so-called self-judging national security exception by permitting the VITO to look to the practice of the United Nations in questions relating to national security to identify objective indicia for whether a state invokes the exception in good faith

WTO and UN Law

This Article argues that the U.S. and EC views of the national security interests exceptions reflect competing conceptions of the WTO legal order. Under the first, the WTO is viewed as merely an agreement between states governing a limited issue area, the disciplining of protectionist policies, under which other issue areas are reserved to sovereign state decisionmaking or, alternatively, whatever other international institutions states have separately granted competence for management of the issue. Under this view, the United States might well argue that its Helms-Burton sanctions are outside the jurisdiction of the WTO and instead within the jurisdiction of the United Nations (and, particularly, the Security Council). This Article suggests yet a third mode of interpreting the essential security interests exception that mediates between the two competing conceptions. Drawing on choice of law principles, it argues that the WTO legal order should look to the practices of the United Nations to ascertain the circumstances under which a state could legitimately invoke the essential security interests exception-in particular, to whether the Security Council has ever found a similar situation to warrant international enforcement action. Before articulating this view and applying it to the U.S.-EC dispute, Part II of this Article discusses the alternative conceptions of the WTO that underlie the competing U.S. and EC legal positions. It does so by explicating the debate between Judith Hippler Bello and John Jackson concerning the WTO remedial system, in which Bello suggests a bargain theory of the new WTO as a contract between sovereigns and Jackson argues from the premises of a public law, perhaps even quasi-constitutional, conception. Part H further explores the presuppositions inherent in Jackson\u27s analysis of the administrative law concept of deference as a possible tool for describing the relationship between WTO dispute settlement and national adjudication of antidumping claims. Part III then employs these competing perspectives to develop arguments for and against self-judging interpretations of the WTO national security exceptions and shows how each approach fails to resolve adequately the tension between the supranationalizing effect of WTO law and the enduring importance of national sovereignty. Part IV considers the relationship between the WTO legal order and other structures of governance in the international legal order that are implicated by the two conceptions. It does so by reexamining the question of whether and how, in light of the establishment of an Organization for the management of world trade, WTO law can function as a special legal regime, separate from the general principles and rules of international law or the influence of other international institutions. Finally, Part V advances a choice of law approach for interpreting the essential security interests exception that addresses the weaknesses of the bargain and constitutional conceptions. It then applies the choice of law approach to the Helms-Burton dispute. The Article concludes that, although the choice of law approach would not necessarily resolve particularly hard cases, such as that between the United States and European Union over Cuba, it would provide an objective basis for addressing disputes of this kind. It would also encourage principled decisionmaking within each institution, thus benefiting the broader community by publicizing the relationship between issue areas and the tradeoffs and bargaining that occur at the supranational level, furthering the rational allocation of decisionmaking competence and buttressing the legitimacy of the structure of international institutions as a whole

Book Reviews

Greene et al. eds., Money, Trade, and Power: The Evolution of South Carolina\u27s Plantation Society, by Randall Miller; Early American Indian Documents: Treaties and Laws, 1607-1789, Volume XII: Georgia and Florida Treaties, 1763-1776, by Greg O\u27Brien; Gordon, South Carolina and the American Revolution: A Battlefield History, by Greg Massey; O\u27Brien, Choctaws in a Revolutionary Age, 1750-1830, by Joel Martin; Engs and Miller, eds., The Birth of the Grand Old Party: The Republicans\u27 First Generation, by Stephen D. Engle; Gallagher, ed., The Shenandoah Valley Campaign of 1862, by Chris Meyers; Baggett, The Scalawags: Southern Dissenters in the Civil War and Reconstruction, by Carl Moneyhan; Boyd, Wrapped in Rainbows: The Life of Zora Neale Hurston, by Gordon Patterson; Wyatt-Brown, Hearts of Darkness: Wellsprings of a Southern Literary Tradition, by John Mayfield; Thurlow, Stuart on the St. Lucie: A Pictorial History, by Renee Booth; Banner, The Death Penalty: An American History, by Hayden Smith and Robert M. Bohm; Hanson, Mary McLead Bethune & Black Women\u27s Political Activism, by Maxine D. Jones; Fry, Dixie Looks Abroad: The South and U.S. Foreign Relations, 1789-1973, by Scott Eidson; Illick, American Childhoods, by Marie Jenkins Schwartz; Hickey, Hope and Danger in the New South City: Working-Class Women and Urban Development in Atlanta, 1890-1940, by Robert Cassanello; Green, ed., The New Deal and Beyond: Social Welfare in the South since 1930, by Brooke Orr; Newman, Getting Right with God: Southern Baptists and Desegregation, 1945-1995, by Bill J. Leonard; Weisman, Pioneer in Space and Time: John Mann Goggin and the Development of Florida Archaeology, by John Hann; Doss, Let the Bastards Go: From Cuba to Freedom on God\u27s Mercy , by Jose B. Fernandez; Buck et al. A History of Visual Art in Sarasota, by Jim Fitc