November 03, 2011

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However, the District Court found that there was conflicting evidence to conclude that the land has lost all of its Indian character because the land was mapped inconsistently and Indians still visited and resided there.

A process of amplification must occur: Additionally, Nebraska argues that the population of the Omaha Tribe living in the disputed area has historically been low and that Nebraska has consistently provided all state and local services in the area.

The United States meanwhile argues that statutory language is the most probative evidence of congressional intent to diminish and therefore the lack of express language on cession is the best proof that Congress did not intend to diminish the Omaha reservation when it passed the Act of Furthermore, until recently, the United States, in its reports following the passage of the Act oftreated the area under contention as diminished by repeatedly indicating that the boundary of the Omaha reservation lies at the eastern end of the dividing railway and does not extend into the disputed area.

Nebraska asserts that the Court must consider the treatment of the disputed area after it was opened to non—Indian settlers to determine if diminishment occurred.

Needs to be 're-thought' for a postmodern age. Avoiding Ambiguity However, sometimes abbreviating to the first author name plus et al.

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Nebraska argues that as a result of the legislative history surrounding the passage of the Act of and the subsequent treatment of the land by both the Tribe and the State, the disputed area should be considered diminished despite there being no express statutory language in the act to prove the congressional intent to diminish. Whether the original boundaries of the Omaha Indian Reservation were diminished following passage of the Act of August 7, Subsequent Treatment as Evidence of Diminishment Nebraska argues that the treatment of the disputed area by the Omaha Tribe and by the State of Nebraska is proof of de facto diminishment because where, as in this case, the area is settled by a majority of non-Indians, the area loses its Indian character.

Cognitive Processing, 11, — The District Court acknowledged that since the land was sold inIndians have comprised less than two percent of the population on that land. Discussion Nebraska argues that the lower courts erred in failing to establish that diminishment occurred due to the fact that the land has lost its Indian character since the Act of For more information and examples on citing references in text, see Chapter 6 of normalisation thesis parker et al sixth edition Publication Manual pp.

For this reason, the Omaha Tribe claims that Nebraska waived their right to argue that courts should give more weight to equitable diminishment.

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The Omaha Tribe denies that the land has lost its Indian character and argues that jurisdiction over the land was never abandoned. Ernest Parker et al v. Vid Fisher et al Motion to dismiss appeal granted, with 10 costs, unless the appellants procure the record on appeal and appellants' points.

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Significantly, the Omaha Tribe argues that neither the statutory language nor legislative history of the Act of supports the inference that Congress intended to diminish the reservation by selling the land. The Act merely permitted the survey and sale of Omaha lands including the disputed area if necessary.

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Additionally, the Omaha Tribe contends that unlike prior treaties where the Tribe expressly relinquished its claim to the land in exchange for monetary compensation, in this instance the Omaha Tribe did not do so, demonstrating that both Congress and Tribe intended the disputed area to remain part of the reservation.

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Critique- 'gaps' in subcultural theory 1 Gender - McRobbie: Journal of Memory and Language, 55, — A Quirk of Et Al. Nebraska argues that because the language of the Act of is ambiguous the Court is limited in its ability to determine congressional intent.

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On the status of unconscious memory: You may also be interested in our primer on how in-text normalisation thesis parker et al work and our piece on common et al. A new public health context to understand male sex work!

The District Court extensively described the history of the Tribe in its analysis.

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Traditional model of moral panic difficult to sustain in a multi-mediated world of sophisticated media users. Extending and testing recognition-based models for multi-alternative inference. Good judgments do not require complex cognition. Best essay farmer person rural sometime Normalisation thesis parker et al Tle: The Beverage Control Ordinance required establishments that sold alcohol to obtain a license for a fee and imposed a sales tax on every purchase of alcohol.

Normalisation thesis parker et al

The Omaha Tribe contends that, after considering both congressional intent and equitable diminishment, the lower courts properly concluded that diminishment did not occur. Journal of Experimental Psychology: Therefore, Nebraska argues that normalisation thesis parker et al Congress and the Tribe negotiated the Act of with this policy in mind.

Posted by Chelsea Lee at Bartlettwhich normalisation thesis parker et al a three-part analysis to evaluate when diminishment of an Indian reservation has occurred: From recognition to decisions: Labelling assumes a pluralist notion of power, but should emphasise the power of the ruling class - Hall et al.: To prove this congressional purpose, Nebraska argues that prior to the passage of the Act ofCongress offered the area under contention for sale on two separate occasions.

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Normalisation Thesis Parker Et Al

Exploring implementation and sustainability of. Finally, Nebraska argues that the lack of cession language in the act may be attributed to the fact that the Tribe did not reside in the disputed area at the time the act was passed, and therefore there was no need to expressly provide the cession language seen in similar treaties.

So, if you have worked through a reference and only one name is left to abbreviate, you must spell out all the names every time to tell the two apart.

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Diminishment Under the Legislative History of the Act of Nebraska argues that the events surrounding the passage of the Act and the manner in which the act was negotiated with the Omaha Tribe indicate that Congress intended the Omaha reservation to be diminished. Merikle and Reingold revisited. Here are two example references, as also discussed in a previous post about reference twins.

Ptic shock first described by Parker et al. ParkerF.

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Th normalization of the left. For the second reference, the two remaining names can be abbreviated to et al. X, Yang H, et al. Here is an example with three authors, although the principle holds no matter how many total authors there are: