Characteristic cycles and Gevrey series solutions of AA-hypergeometric systems

We compute the $L$-characteristic cycle of an $A$-hypergeometric system and higher Euler-Koszul homology modules of the toric ring. We also prove upper semicontinuity results about the multiplicities in these cycles and apply our results to analyze the behavior of Gevrey solution spaces of the system.Comment: 22 page

Self-Determination and Indigenous Nations in the United States: International Human Right, Federal Policy and Indigenous Nationhood

This paper, presented at the 2003 Native Title Conference in Alice Springs, Northern Territory, Australia in Lhere Artepe Country, considers self-determination from an internal indigenous perspective. This perspective looks to Indigenous legal tradition to set forth an idea of self-determination that has its foundation in Indigenous notions of origin and existence. The paper explores autochthonic legal tradition, or Indigenous legal tradition, and situates the principle of self-determination within the Indigenous legal tradition. While self-determination for Indigenous Peoples is recognized by the United Nations and the United States, Indigenous Peoples origin stories, a part of their Indigenous legal tradition, provides the sacred texts for their human rights, including self-determination. The significance and interpretation of the Indigenous legal tradition continues in modern times. The chthontic legal tradition, often invisible to nation-states is the source of the principle of self-determination to Indigenous Peoples. In Australia, this legal tradition was linked to the recognition of land rights of Australian Aboriginal Peoples in the Mabo case. Difficulties can arise, however, without a proper understanding of the chthonic legal tradition. The paper concludes with a consideration of how this played out in the United States. In the United States, countervailing forces, particularly those set in motion through a national policy of assimilation affected the Indigenous legal tradition through constitutionalism and education, which promoted the values, approaches, and ideas of the common law legal tradition to the exclusion of the Indigneous legal tradition. An important aspect of self-determination involves being in control of one\u27s own destiny, and this includes economic, socio-political, and cultural self-sufficiency. As Indigenous Peoples struggle for political and cultural survival, many obstacles remain. For Indigenous Peoples in the United States, existing within the larger nation-state presents unique challenges to the realization of self-determination. The paper ends with a discussion of how the many forms of racial, intolerance have played a historical role both collectively and individually, and continues to do so.\u27 A compilation of selected lectures delivered at the Native Title Conference marking the 10th Anniversary of the Native Title Conference by the Australian Institute for Aboriginal and Torres Strait Islanders Studies (AIATSIS).https://digitalrepository.unm.edu/law_facbookdisplay/1031/thumbnail.jp

La Verdad, El Poder, y La Liberacion

A Reflection on Margaret Montoya, Mascaras, Trenzas, y Grenas: Un/Masking the Self While Un/Braiding Latina Stories and Legal Discourse, 17 HARV. WOMENS L. J. 185 (1994), 15 CHICANO-LATINO L. REV. 1 (1994)\u27 Professor Margaret Montoyas Mascaras, Trenzas y Grenas: Un/Masking The Self While Unbraiding Latina Stories and Legal Discourse1 was published during the first year of my entry into the legal academy as a visiting professor. This reflection on her influential article addresses three of the major themes that resonate most strongly for me. The first is the assimilative pull of the legal academic institution, the second is the power of narrative, and the third is transculturation

Strengthening What Remains

This paper is intended to encourage discussion and stimulate action and thought as well as to support the ongoing work in tribal courts in this area. We are involved in an ongoing process of developing an indigenous body of law and system of justice. We must pay particular attention to how we are going about the development of our court systems and look closely at what is developing. Incorporating customary law, whether wholly or partially, into our developing legal systems makes them truly unique to our individual tribes and reflective of the concepts we, as Indian people, have of law and justice

The Indigenous Decade in Review

This Article considers the decade, 2010 to 2019, in respect to indigenous peoples in the United States. The degree of invisibility of indigenous peoples, in spite of the existence of 574 federally recognized tribes with political status, is a central issue in major cases and events of the decade. Land and environment, social concerns, and collective identity are the three areas through which this Article considers the decade. The Declaration on the Rights of Indigenous Peoples, endorsed in 2010, sets a measure for the nation-state’s engagement with indigenous peoples possessed of self-determination. The criticality of a new place in the American consciousness for the political status of indigenous peoples in the United States going forward is a feature of the decade

The Indigenous Legal Tradition as Foundational Law

This chapter is drawn from a transcribed joint presentation made by Christine Zuni Cruz (Isleta/Ohkay Owingeh) and Casey Douma (Laguna/Hopi-Tewa) at the Pueblo Convocation in April 2012 at Tamaya. Sections I, II and V are based on the presentation made by Christine Zuni Cruz; Sections III and IV summarize the presentation made by Casey Douma. Section VI combines the concluding thoughts of Zuni Cruz and Douma. Special thanks to Aaron Sims (Acoma Pueblo) for producing the computer images for Figures 1 and 4. Figures 1 and 4 are adapted illustrations created by Christine Zuni Cruz in an earlier article (Zuni Cruz 2000). The illustrations in Figures 2 and 3 were created by Casey Douma. This paper documents the presentation provided on the Indigenous legal tradition of Pueblo peoples at the Pueblo Convocation of 2012 by Christine Zuni Cruz and Casey Douma. Section II, III and V draws from the presentation made by Zuni Cruz and identifies the Indigenous legal tradition and its operation amongst Pueblo peoples. Sections III and IV summarize Casey Doumas presentation which identified the core Pueblo institutions responsible for proper social behavior, ranging from the family, to a widening circle of Pueblo authorities. It chronicles the movement from family-centered and group resolution of disputes to the reliance on the individualized approach to resolution of disputes introduced by tribal courts

Shadow War Scholarship, Indigenous Legal Tradition, and Modern Law in Indian Country

This article documents the purposes and reasons for the development of the Tribal Law Journal, the University of New Mexico School of Laws electronic journal created to promote scholarship on tribal law and the Indigenous legal tradition. It discusses the use of the internet for the work of the journal and of the need to increase an understanding and awareness of the law of Indigenous peoples. The diversity of indigenous peoples, in and of itself, requires unique approaches to the discussion of tribal law. The article considers how the Zapatista Movement in Chiapas utilized the internet. The Zapatista\u27s engagement of the Mexican government has been described as a \u27shadow war\u27 for its engagement in conflict in \u27symbolic rather than real terms.\u27 This early exploitation of the internet allowed the Zapatista to get their position across without having to rely on gatekeepers. The article describes how the Journal follows the same strategy in respect to tribal law. The important developments occurring in law at the tribal level require Indigenous Peoples\u27 awareness of trends among Indigenous peoples in the United States and across the world. Electronic communication has significantly facilitated this. The article concludes with a discussion of the limitations that challenge electronic communication among Indigenous Peoples

Lines of Tribe

It is important to begin by explaining why I take the title of my essay from the statement in President Barack Obama\u27s 2009 Inaugural Address: the lines of tribe shall soon dissolve. During the address, his words affected me and they remained with me long afterward. President Obama may very well have meant what he said in a metaphoric or figurative sense; I have certainly been provided with many interpretations and assurances by most that a literal meaning was not his intent and that he instead spoke in a good way of the beneficial melting of divisions between us. It serves my purposes, however, to complicate the statement\u27s usage and to choose not to lose the opportunity to consider it in a literal sense given the history of our country, and not only our country, but the whole of the American continent. That is to say that there is a belief that the dissolution of the lines of tribe, in fact, can result in good and in peace. It is the chilling language and metaphor of colonists. I am familiar with the history of the good that white reformers thought would come from detribalization of Indigenous Peoples in the United States. Detribalization efforts severely weakened the lucky, but destroyed and disappeared others, and, in doing so, opened vast tracts of lands for, yes, the peaceful settlement by others. We have seen the lines of tribe dissolve, and not in a poetic sense, but violently. President Obama\u27s reference to tribes brought to mind the modem tribal peoples the United States is engaged with in Iraq, Afghanistan, and within its own boundaries. There can be hope for a peace that does not require that the lines of tribe dissolve. Additionally, President Obama\u27s words evoke a picture that connects to present work on Indigenous identity. The words evoke an image that modem day tribes, in their utilization of blood quantum, may be hastening along. To a tribal person, the lines of tribe shall soon dissolve means the end of a tribe\u27s existence. There is no Indigenous identity without the existence of tribe, or the People. Such words convey the failure to recognize the significance of tribalism, of the United States\u27 history with tribes, and of the sense of how near we came in this country to its literal meaning. The statement, spoken as metaphoric prophecy, focused my attention on the lynchpin of tribe (that is the continuation of tribe , or the People ) to Indigenous identity and the link between blood quanta, the line of tribe, and dissolution

Toward a Pedagogy and Ethic of Law/Lawyering for Indigenous Peoples

This article is prefaced with a reflection on Indigenous Peoples in the legal profession which leads into a discussion on the pedagogy and preparation of Indigneous students in law. It addresses the current pedagogy employed in training indigenous students in law and proposes a reframing of this preparation by including and employing an indigenous perspective and intellectual tradition of leadership. It considers the relationship of the Indian law academician with indigenous justice systems. The article addresses the influence on pedagogy that emerges from the Indigenous legal tradition, and the importance of incorporating these influences into the education and preparation of law students to serve Indigenous peoples, particularly in clinical education. These influences are briefly discussed as law/yering approaches. Scholarship connected to this pedagogy can provide much needed analysis of the tribal legal landscape. Likewise, theory and praxis merge in the law practice clinic and in work by the academician outside the academy and provides the advantage of testing and exploding theory