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1

Tani, Karen M. „States' Rights, Welfare Rights, and the “Indian Problem”: Negotiating Citizenship and Sovereignty, 1935–1954“. Law and History Review 33, Nr. 1 (10.12.2014): 1–40. http://dx.doi.org/10.1017/s073824801400056x.

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“What distinguishes the American Indians from other native groups is . . . the nature of their relationship with a government which, while protecting their welfare and their rights, is committed to the principles of tribal self-government and the legal equality of races.”Felix S. Cohen, Chairman, Board of Appeals, United States Department of Interior (1942)“[T]he objective of Congress is to make the Indians self-supporting and into good individual American citizens . . . . You cannot have a good American citizen . . . unless you have a good citizen of the State.”United States Representative Antonio M. Fernández (D., New Mexico) (1949)“While all this red tape is being untangled, one in need dies without assistance.”David A. Johnson, Sr., Governor and Chairman of the Gila River Pima-Maricopa Indian Community (1949)These three quotations come from a period in modern American history often remembered for economic depression and war, but perhaps most remarkable for the accompanying changes in governance. Building on Progressive Era innovations, America's federal system became ever more “cooperative”— that is, marked by intricate federal-state personnel and revenue sharing. Meanwhile, Americans witnessed the steady expansion of central state authority. By the 1940s, neither the states nor the federal government enjoyed many areas of exclusive jurisdiction. The federal and state governments' relationships with their subjects were similarly in flux, and the stakes were high. As a result of New Deal social welfare programs, as well as numerous war-related measures, the benefits of state and national citizenship had expanded by the late 1940s. The burdens of citizenship had expanded, too, in the form of higher and broader taxation, compulsory military service, and more government oversight. The stage was set for fierce conflicts over the borders of the nation's political communities and the terms of belonging.
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Unger, Carlann, Benjamin Simon und Malka Pattison. „American Indian and Alaska Native Data in Federal Data Collections“. American Indian Culture and Research Journal 42, Nr. 1 (01.01.2018): 1–16. http://dx.doi.org/10.17953/aicrj.42.1.unger.

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American Indian and Alaska Native (AI/AN) tribes need access to quality data and information to make informed decisions concerning their communities, economic development, land and resource management, and other sovereign governance decisions. Federal agencies also need access to quality data to ensure that they are delivering effective services to AI/AN tribes to meet tribal needs and deliver on federal responsibilities. However, various statistical and collection issues often negatively affect the quality and availability of federally collected AI/AN data. As a preliminary step to identifying gaps and improving the quality and accuracy of AI/AN data in federal datasets, this article provides an inventory and preliminary analysis of current AI/AN in federal data collections. This inventory identifies 448 unique data collections from twenty-one federal agencies. These datasets were identified in 2016. One hundred and ninety-four (43.3%) of these datasets are publicly available, and seventy-nine of the publicly available datasets include data at the tribal or reservation level. An analysis of tribal/reservation level datasets by agency show that there are data gaps at the reservation/tribal level on businesses, the financial sector, tribal governments, labor markets, and education.
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Jakhar, Dr Monika. „UNVEILING THE ROLE OF CULTURAL DIVERSITY IN INDIAN MODERN POLITICS“. Turkish Journal of Computer and Mathematics Education (TURCOMAT) 11, Nr. 1 (30.04.2020): 1074–79. http://dx.doi.org/10.61841/turcomat.v11i1.14343.

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This study encompasses the full analysis of the widespread importance of cultural diversity in Indian contemporary politics. The intricate interplay between India's rich tapestry of cultures and its democratic political landscape is analyzed, highlighting the profound influence of diverse ethnicities, religions, and customs. From historical foundations to modern dynamics, the abstract digs into how cultural variety impacts policies, governance systems, and the democratic spirit itself. The representation of various groups in decision-making processes, the ideological landscape of political parties, and the federal structure of the political system are considered as major features of this effect. The abstract also touches upon the challenges and opportunities posed by cultural diversity, acknowledging its role in social movements and political activism. Ultimately, it underscores how India's commitment to democracy is inseparable from its celebration and recognition of cultural differences, emphasizing that the integration of diversity into the political discourse is a source of strength that defines the nation in the 21st century.
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Shoemaker, Jessica. „Complexity's Shadow: American Indian Property, Sovereignty, and the Future“. Michigan Law Review, Nr. 115.4 (2017): 487. http://dx.doi.org/10.36644/mlr.115.4.complexity.

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This Article offers a new perspective on the challenges of the modern American Indian land tenure system. While some property theorists have renewed focus on isolated aspects of Indian land tenure, including the historic inequities of colonial takings of Indian lands, this Article argues that the complexity of today’s federally imposed reservation property system does much of the same colonizing work that historic Indian land policies—from allotment to removal to termination—did overtly. But now, these inequities are largely overshadowed by the daunting complexity of the whole land tenure structure. This Article introduces a new taxonomy of complexity in American Indian land tenure and explores in particular how the recent trend of hypercategorizing property and sovereignty interests into ever-more granular and interacting jurisdictional variables has exacerbated development and self-governance challenges in Indian country. This structural complexity serves no adequate purpose for Indian landowners or Indian nations and, instead, creates perverse incentives to grow the federal oversight role. Complexity begets complexity, and this has created a self-perpetuating and inefficient cycle of federal control. Stepping back and reviewing Indian land tenure in its entirety—as a whole complex, dynamic, and ultimately adaptable system—allows the introduction of new, and potentially fruitful, management techniques borrowed from social and ecological sciences. Top-down Indian land reforms have consistently intensified complexity’s costs. This Article explores how emphasizing grassroots experimentation and local flexibility instead can create critical space for more radical, reservation-by-reservation transformations of local property systems into the future.
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Frye, Dustin, und Dominic P. Parker. „Indigenous Self-Governance and Development on American Indian Reservations“. AEA Papers and Proceedings 111 (01.05.2021): 233–37. http://dx.doi.org/10.1257/pandp.20211099.

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The UN Declaration on the Rights of Indigenous People promotes self-governance as a matter of justice rather than economics. How will self-governance affect the incomes of indigenous people? To gain insight, we compare long-run income growth on American Indian reservations with and without federal oversight through the 1934 Indian Reorganization Act. Reservations with more autonomy had 12-15 percent higher income per capita in 2016, even conditional on 1930s income. However, these more autonomous reservations also experienced wider income variance with more downside risk. The findings are consistent with theory emphasizing the development trade-offs between local and centralized governance.
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6

Warne, Donald. „Policy Issues in American Indian Health Governance“. Journal of Law, Medicine & Ethics 39, S1 (2011): 42–45. http://dx.doi.org/10.1111/j.1748-720x.2011.00564.x.

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Perhaps the most significant law affecting the provision of health services to the American Indian and Alaska Native (AI/AN) population is the Indian Self-Determination and Education Assistance Act of 1975 (ISDEAA, PL 93-638). This Act allows tribes to assume the management and control of health care programs from Indian Health Service (IHS) and to increase flexibility in health care program development. Under ISDEAA, tribes have the option to contract or compact with IHS to deliver health services using pre-existing IHS resources (formula-based shares tables determine funding for various IHS sites), third party reimbursements, grants, and other sources. Typically, tribes develop their own non-profit health care corporations to provide services to their community, and as a result are eligible for grants and other types of funding not available to federal agencies like IHS.
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Sullivan, Kathleen S. „Marriage and Federal Police Power“. Studies in American Political Development 20, Nr. 1 (April 2006): 45–56. http://dx.doi.org/10.1017/s0898588x06000046.

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In the late nineteenth and early twentieth centuries, the U.S. federal government expanded the scope and extent of its constitutionally enumerated powers in naturalization, Indian policies, and regulation of interstate commerce. In doing so, Congress became more involved with matters of citizenship, both in defining public purposes and national identity. Citizenship had traditionally been a matter for the states, where governance rested on the features of differentiation, jurisdictional autonomy, and local control. The entry of the federal government and the federal constitutional norms of citizenship might have been expected to bring an overarching coherence to the fundamental liberal values that were declared after the Civil War. Under expanded federal power and federal citizenship, however, multiple traditions of both liberal rights of citizenship and illiberal conditions of status continued, and illiberal positions gained new footing.
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Barresi, Paul A. „The Polluter Pays Principle as an Instrument of Municipal and Global Environmental Governance in Climate Change Mitigation Law: Lessons from China, India, and the United States“. Climate Law 10, Nr. 1 (19.03.2020): 50–93. http://dx.doi.org/10.1163/18786561-01001003.

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The disparate fates of the polluter pays principle (ppp) as an instrument of municipal environmental governance in the environmental law of China, India, and the United States illustrate how institutions and culture can shape its use. In China, essential elements of the Chinese legal tradition and an institutionalized devolution of power from the central government to local governments essentially neutralized the Chinese variant of the ppp in one important context by mobilizing certain culturally defined behavioural norms at the local level. In India, the Supreme Court has behaved in accordance with the socially revolutionary role intended for it by the framers of India’s Constitution by recognizing a maximalist conception of the ppp as part of Indian law, although other features of India’s unique legal culture and institutions have reduced the impact of this development. In the United States, the institutionalized fragmentation of the law-making process within the Federal Government has undermined even the implicit implementation of the ppp, to which US environmental statutes do not refer. The implications of these developments for the ppp as an instrument of municipal but also global environmental governance in climate change mitigation law flow less from the nominal status of the ppp in the laws of China, India, and the United States than from the unique institutional and cultural conditions that prevail there. The result is a case study in how institutions and culture can transform the implementation of a principle of environmental governance that at first glance might seem to be a simple exercise in economic rationality into a different exercise that is not simple at all.
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Pethe, Abhay, Vaidehi Tandel und Sahil Gandhi. „Understanding Issues Related to Polycentric Governance in the Mumbai Metropolitan Region“. Public Finance and Management 12, Nr. 3 (September 2012): 182–203. http://dx.doi.org/10.1177/152397211201200302.

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Metropolitan government in India involves public organizations, networked vertically and horizontally, operating at different scales and having diverse – often overlapping – functional scopes. The interactions among these public organizations and their agents along with various private organizations, interest groups and civil society occurring within the environment of a federal set-up and fractured polity, lend a polycentric character to metropolitan governance. This paper investigates implications of the underlying institutions for the governance of metropolitan regions in India. For this, the paper analyzes polycentric governance in Mumbai Metropolitan Region (MMR) through three cases that portray interactions among various public organizations and actors. The paper finds that the governance in MMR is only ‘ostensibly’ polycentric. This can be attributed to the institutional framework that causes destructive conflicts, absence of efficiency enhancing competition, rent seeking, political information failure, concentration of power with certain key positions, and agency problems. Enabling governance in Indian metropolitan regions to be ‘truly’ polycentric in nature would therefore require a careful deliberation and modification of the institutional framework.
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Datta, Debabrata, und Santanu K. Ganguli. „Political connection and firm value: an Indian perspective“. South Asian Journal of Global Business Research 3, Nr. 2 (29.07.2014): 170–89. http://dx.doi.org/10.1108/sajgbr-03-2013-0020.

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Purpose – The purpose of this paper is to verify existence of political connection of firms in India. For this purpose the paper first presents a theoretical model and then tests empirically the movement of stock prices during two state elections in India. Design/methodology/approach – The methodology is theoretical modelling where the paper applies the standard Cournot model of oligopoly. The paper then applies correlation and Wilcoxon Paired Rank Sum test to verify the results of the theoretical model by using data from the Indian stock market during the election results. Findings – The theoretical result states that some firms opt for political connection and some remain independent in an oligopoly. It also shows that political connection affects stock price. The empirical results find out that divergent responses of stock prices to the election results can be linked to politically connection. Research limitations/implications – The theoretical model is a simple two firm model and not generalized to n number of firms. The empirical test considers only two state elections and applies simple statistical test. The study is restricted to one country only. Practical implications – The paper has practical implications for stock market. It has implications for corporate governance and for political governance. This is important since political connection of firms has emerged as an important issue in India. Social implications – The paper is important as it addresses the issue of political connection of firms, which have ramifications for social equilibrium. In a democratic country like India any nexus between political party and firms may adversely affect not only corporate governance but also political governance. Originality/value – This paper looks at political connectedness theoretically in a federal structure, an issue not addressed so far in the literature. Second it considers not so discussed topic of market perception of political connection in India. The originality of the paper is that it presents a theory and also verifies the theoretical results with empirical test.
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Saha, Apala. „The Socio-political Relevance of the Indian Smart City Mission:A Critical Analysis“. National Geographical Journal of India 66, Nr. 2 (30.06.2020): 198–207. http://dx.doi.org/10.48008/ngji.1741.

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The world is becoming more and more urbanised by the day. India also is all set to become an urban majority nation by the mid-twenty-first century. Most of India's urbanisation seems unplanned and mismanaged leading to a host of social problems like slum extensions, social exclusions, absence of basic accessibilities with the widespread prevalence of social injustice and the process has been majorly attributed to migrants from rural areas. Post-independence plans exhibit several instances of correcting congestions in India's big cities through the creation of alternate absorption points. With this background in mind, the paper goes on to argue that, the urbanisation of mid-sized cities have proven to be mostly unimpressive, failing to relieve the big cities, thereby generating a top-heavy structure. It further finds, through an extensive content analysis that the Smart City Mission was introduced to rid the Indian cities of its long-pending issues by enabling big cities to accommodate better and most importantly empowering mid-sized cities to emerge as centres of growth. However, following the tradition of a certain kind of project-based urbanisation; the mission appears to have inherited vulnerabilities like hierarchical power structures, inadequate local bodies, the dependence of private players, exploitative market forces and inter-group and inter-spatial conflicts from its predecessors like the JNNURM. Undoubtedly, the intent has been to learn from the past but the basic federal structure of governance, the complex socio-spatial dynamics, the varied stakes and concerned stakeholders causes one to re-think if the mission can entirely be a success and create cities which can globally be identified as smart.
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Gupta, Ar Malishka, und Pl Arundhatee Mishra. „Structure and Functioning of Urban Local Bodies in Infrastructure and its Challenges“. INTERANTIONAL JOURNAL OF SCIENTIFIC RESEARCH IN ENGINEERING AND MANAGEMENT 08, Nr. 03 (11.03.2024): 1–3. http://dx.doi.org/10.55041/ijsrem29205.

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India's society is now characterised by widespread urbanisation. Millions of people are moving to cities in search of employment because cities are the main benefactors of globalisation and are growing in population. This shows that Indian cities must act as the engine for the country's economy's structural change. Infrastructure has to be improved and upgraded, which necessitates active cooperation from both the state and federal governments. The 73rd and 74th Amendments to the Constitution, which aim to establish an institutional framework for bringing about grass- roots democracy through the use of genuinely self-governing local bodies in both urban and rural areas of the nation, provide a clear mandate for democratic decentralisation in addition to the directive principle of state policy. The subjects covered in this research study include various urban local bodies, their relevance, their organisation, their tasks and responsibilities, and their problems and difficulties. Urban Local Bodies must deal with issues such financial scarcity, unplanned urbanisation, excessive state government control, and the proliferation of agencies, Low level of People’s Participation in socio-economic development. And how can the financial independence of urban local governments be increased? By incorporating technology, e-governance, financial instruments like municipal bonds, ensuring active citizen participation, and improving grievance redressal mechanisms. Keywords—urban local bodies, municipal corporation, municipal council, municipal bonds
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Kumar, Sumit, und Kusumlata Goswami. „STATUS OF INSURANCE IN THE FISHERIES SECTOR OF INDIA“. International Journal of Advanced Research 11, Nr. 08 (31.08.2023): 1013–15. http://dx.doi.org/10.21474/ijar01/17482.

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Indias fisheries sector has grown rapidly during the last six decades. Risks associated with capture fisheries include trawler damage or destruction, equipment and gear failure, catch loss, and maritime casualties. With the exception of a few tiny local public sector insurers and cooperatives, neither the federal nor state governments have paid attention to this industry. Since the Insurance Regulation and Development Authority liberalised the insurance industry, about 35 private enterprises have been registered (IRDA). A range of obstacles and concerns usually arise as a result of the adoption of fisheries insurance. Combined with governance reforms, technology has the potential to significantly improve efficiency, transparency, and moral hazard in fisheries insurance.
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Brown, Hana E. „Who Is an Indian Child? Institutional Context, Tribal Sovereignty, and Race-Making in Fragmented States“. American Sociological Review 85, Nr. 5 (19.08.2020): 776–805. http://dx.doi.org/10.1177/0003122420944165.

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Despite growing interest in state race-making, we know little about how race-making plays out in the everyday practice of policy governance. To address this gap, I examine the implementation of the Indian Child Welfare Act (1978), which sought to end generations of state policies that denied tribal sovereignty and forcibly removed Native children from their tribes. ICWA’s protections extend to children based on tribal citizenship, not racial status. Marshalling 40 years of archival data from the government agencies charged with ICWA enforcement, I analyze how ICWA implementers determine a child’s Indian status. I find that authorities routinely eschew the requirement to treat Indian as a citizenship category, re-defining it as a race. Yet whether and how state actors racialize Indianness varies by the institutional contexts in which they work. Comparing state child welfare agencies, state courts, and federal courts, I identify three institutional characteristics that organize race-making practices: evidentiary standards, record-keeping requirements, and incentive structures. These characteristics influence whether state decision-makers operationalize “Indian” as a racial category and the cognitive and ideological processes that undergird their classifications. I also demonstrate that changes in these institutional characteristics yield concomitant shifts in whether and how state agents engage in racialization.
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Johnson, Khalil Anthony. „The Chinle Dog Shoots“. Pacific Historical Review 83, Nr. 1 (01.02.2014): 92–129. http://dx.doi.org/10.1525/phr.2014.83.1.92.

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In the 1950s, the Bureau of Indian Affairs (BIA) managed the Navajo Reservation's feral dog population by scheduling semi-annual “dog shoots.” After one gruesome dog shoot resulted in seventeen slaughtered dogs in Chinle, Arizona, community members pressed local BIA authorities to reform reservation dog control, an effort that pitted the interethnic community against an authoritarian form of settler-colonial governance. Because citizenship on the reservation—for Navajo and non-Navajo alike—was effectively rendered inferior to that of citizens outside the reservation, substantive changes to local BIA policies required an alliance with a constituency beyond the reservation’s borders, one with full access to state power—in this case, the National Dog Welfare Guild. This article thus demonstrates Native American grass-roots activism and boundary politics against oppressive federal authority.
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Singh, Tanushree, und Akash Singh Thakur. „Administration of Justice: Judicial Delays in India“. Indian Journal of Public Administration 65, Nr. 4 (18.11.2019): 885–96. http://dx.doi.org/10.1177/0019556119873451.

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In unique as well as comparative terms, the Indian judiciary—an integrated federal hierarchy with federal, state and district courts set up under the Constitution—fares better than the legislative and executive branches of the governments in India as well as those in other countries, especially in the Global South, in terms of impartiality, efficiency and independence. This article seeks to take a closer analytical look at an aspect of judicial administration, which is often glossed over in the existing literature in highlighting the issues of autonomy and constitutional adjudication and constitutional law on fundamental rights of citizens, federal division of powers, separation of powers, judicial review and the like. In this article we focus on the perennial and notorious judicial delays, their causes and remedial reforms. Delays in speedy disposal of cases occur mainly due to a large number of vacancies that remain unfilled partly due to fiscal reasons, administrative inaction and tension between the executive and the superior courts, lack of adequate operational budgetary allocations and physical infrastructure and frequent postponement of hearings until next dates set for reasons not always genuine. We have suggested reforms in the administration of the courts as well as alternate forums like Lok Adalats, e-judicial governance, ethical discourse in the Bar and the Bench as well as the civil society.
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Kolden, Crystal A. „We’re Not Doing Enough Prescribed Fire in the Western United States to Mitigate Wildfire Risk“. Fire 2, Nr. 2 (29.05.2019): 30. http://dx.doi.org/10.3390/fire2020030.

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Prescribed fire is one of the most widely advocated management practices for reducing wildfire hazard and has a long and rich tradition rooted in indigenous and local ecological knowledge. The scientific literature has repeatedly reported that prescribed fire is often the most effective means of achieving such goals by reducing fuels and wildfire hazard and restoring ecological function to fire-adapted ecosystems in the United States (US) following a century of fire exclusion. This has translated into calls from scientists and policy experts for more prescribed fire, particularly in the Western US, where fire activity has escalated in recent decades. The annual extent of prescribed burning in the Western US remained stable or decreased from 1998 to 2018, while 70% of all prescribed fire was completed primarily by non-federal entities in the Southeastern US. The Bureau of Indian Affairs (BIA) was the only federal agency to substantially increase prescribed fire use, potentially associated with increased tribal self-governance. This suggests that the best available science is not being adopted into management practices, thereby further compounding the fire deficit in the Western US and the potential for more wildfire disasters.
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Bywalec, Grzegorz. „Reformy samorządności lokalnej w Indiach – przesłanki i determinanty“. Przegląd Sejmowy 3(170) (2022): 43–67. http://dx.doi.org/10.31268/ps.2022.111.

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Following the Constitution of 1949, India is a democratic republic, a federation of states. However, in the early years of independence, the democratic rules of organising and functioning of the state applied to only two tiers – the federal one and the state one. The local tier remained undemocratic, which resulted in India being a semi-democratic country. Such a situation could not last long. It was necessary to launch reforms to democratise the local system of government and make India a fully democratic country. Numerous attempts at setting up democratic local self-government had been made, but all failed. It was not until the early 1990s that sustainable legal grounds were established for three-tier governance and its implementation began. Thirty years have passed since the Indian decentralisation. This fact induced the author to present the premises, determinants, and effects of the local government system’s democratisation and attempt to evaluate its role in the life of contemporary India.
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Watts, Michelle. „Making Sovereignty Mean Something: Native Nations and Creative Adaptation“. IAFOR Journal of Cultural Studies 6, Nr. 1 (14.07.2021): 5–22. http://dx.doi.org/10.22492/ijcs.6.1.01.

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Scholarship regarding Native Nations has often focused on the problems of Native Nations caused by a brutal history of genocide, repression and forced assimilation. Relatively little attention has been paid to how Native Nations creatively adapt to their circumstances in a continual process of reinvention. This article provides insights into Native Nations through examples in the lower 48 states and Alaska. This study, based on 16 interviews the author conducted with Native Nations leaders in Alaska and the lower 48 states, demonstrates how Native Nations adapt to their unique circumstances to make sovereignty meaningful, because of and in spite of federal legislation that seeks to govern Nation Nations. Ultimately, I argue that many Native Nations today are purposefully modernizing by creatively adapting to their circumstances, transforming systems of governance, and leveraging economic tools, integrating their own evolving cultural practices. While modernization implies following a Western developmental path, purposeful modernization is driven by the choices of the people. While change was forced upon Native Nations in numerous, often devastating, ways since colonization, they have nevertheless asserted agency and formed governments and economic institutions that reflect and reinforce their own cultural norms. This article highlights examples of how Native Nations and the lower 48 have adapted given the very different circumstances created in part by state and federal policies such as the Indian Gaming Regulatory Act (IGRA) and Alaska Native Claims Settlement Act (ANCSA).
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Marshall, Dominique, und Julia Sterparn. „Oxfam Aid to Canada’s First Nations, 1962–1975: Eating Lynx, Starving for Jobs, and Flying a Talking Bird“. Journal of the Canadian Historical Association 23, Nr. 2 (23.05.2013): 298–343. http://dx.doi.org/10.7202/1015796ar.

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The first project financed by Oxfam Canada after its incorporation in 1962 was an emergency relief operation towards First Nations in Northern Manitoba, which made national headlines. A decade later, Oxfam Canada funded the floating plane of the Yukon Native Brotherhood, to foster communications between distant First Nations communities of the far north. The ship ended up carrying many of the aboriginal politicians who launched the modern round of reclamations for land claims and aboriginal rights. A close study of the actors and ideas at stake shows how the British-born NGO had to face the disapproval of provincial and federal authorities, and of churches traditionally responsible for Indian welfare, for the embarrassment it brought them. As the British and Canadian humanitarians considered the deeper economic, political and cultural stakes of aboriginal hardships, each step of their interventions called for decisions about the extent and the nature of their involvement in Canada’ Indian policy, the new kind of industrial relations brought to the North by large projects of exploitation of natural resources, and the unequal development of the universal welfare state for First Nations. In turn, these external demands revealed and shaped Oxfam’s very structure of governance, and its own internal debates between charity and justice, neutrality and support for movements of colonial liberation, and the often competing goals of large fundraising and education of the Euro-Canadan public about the global South.
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Popoola, Oluwatoyin Muse Johnson. „Preface to the Volume 2 Issue 4 of Indian-Pacific Journal of Accounting and Finance“. Indian-Pacific Journal of Accounting and Finance 2, Nr. 4 (01.10.2018): 1–3. http://dx.doi.org/10.52962/ipjaf.2018.2.4.55.

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I welcome you to the Volume 2 Issue 4 of Indian-Pacific Journal of Accounting and Finance (IPJAF). In this Issue 4, all the presentations are international research with emphasis on Islamic financing, entrepreneurship, corporate governance, accounting for small, medium and large enterprises and Islamic banking In the first paper captioned “Innovation Co-operation Impact on Operations of Small, Medium and Large (SML) Firms: A Malaysia Perspective”, Dr Mohammed Ndaliman Abubakar (Deputy Director Collaborations & Linkages, The Federal Polytechnic Bida, Nigeria), examine how innovation co-operation influences the activities of small, medium and large (SML) firms to become innovative and perform effectively. Using a dataset of a survey study based on Malaysian Innovation Survey (NIS) and European community innovation survey (CIS) reports, a total of 1178 firms cutting across small, medium and large (SML) companies for manufacturing and service firms were examined using an open innovation paradigm in practice to understand the extent of co-operation and collaboration in performing innovation activities. The study data were analysed using descriptive statistics and logic regression model estimation for ease of comprehension. The findings showed that almost all the companies survey were involved in performing one innovation or the other. Furthermore, it reveals that different partnership was sought for co-operation and collaboration in performing their innovations. In the second paper entitled “Corporate Governance Disclosure: The Evidence from Nigeria”, Abubakar M. Dembo (University of Bedfordshire, UK) study centres on the investigation of the level of compliance with the Nigerian Corporate Governance Code's recommendations by the six selected oil companies from 2004 to 2012. Two stages of compliance level with the Corporate Governance Disclosure Index (CGDI) were developed from 43 specific corporate governance issues based on the Nigerian Code's provisions and analysed. Firstly, the study demonstrates the degree of compliance with the CGDI for the selected companies over the survey period (2004-2012). This allows the testing of the continuous progress of the level of conformity with the Nigerian Code's provisions. Second, it measures the level of compliance with the CGDI that existed over the 2004-2009 and 2010-2012 periods respectively. The motive is to find out whether the level of compliance with corporate governance has increased over the two periods since the creation of the Nigerian Code in late 2003. The findings indicate a remarkable improvement in compliance with the Nigerian Code over the periods by the selected companies. In the third paper titled “Sub-Sahara Africa’s (SSA) infrastructure funding gap: Potentials from Sukuk financing”, Dr. Abdulazeez Adewuyi Abdurraheem (Universiti Utara Malaysia) and Prof. Dr. Asmadi Mohamed Naim (Universiti Utara Malaysia), evaluates the depth of utilisation of Islamic capital market using Sukuk instruments as another source of funding to fill the observed funding gap for infrastructure development. The study finds the use of Sukuk as a long-term financing instrument, though still at its infancy stage in the region. The paper, therefore, suggests that the SSA countries can undertake rapid and massive infrastructure developments in the area through the use of Sukuk instruments, thereby eliminating increasing sovereign debt over-hang from the conventional debt market. Their study recommends that policymakers in the region put in place required laws and regulations that will provide enabling environments for effective utilisation of Sukuk instruments for infrastructural development. Similarly, they canvass strong political will on the part of the region’s political leaders as an essential ally in nurturing strong institutions, which they argue can engender policy continuity to ensure effective and efficient management of infrastructure projects funded by Sukuk instruments. In the fourth paper entitled “Effectuation Approach in Accessing Entrepreneurial Education Significance on Students’ Entrepreneurial Intention”, Ayotunde Adetola Adelaja (Universiti Utara Malaysia), Modile Adekunle Umar (Universiti Malaysia Perlis), Mike Terkuma Soomiyol (Universiti Utara Malaysia), Iliyasu Shiyanbade Najeemdeen (Universiti Sultan Zainal Abidin), and Bello Taofik Abidemi (Universiti Utara Malaysia) assess the practical significance of entrepreneurial education in enhancing students’ entrepreneurial intention. They also examine the students’ perceived importance of access to finance as a determining factor to entrepreneurship, and the moderating effect of financial access on the relationship between entrepreneurial education and entrepreneurial intention. An online survey via google form was sent out to UUM students who have at one time has entrepreneurial education exposure. The study respondents include international and local levels of both postgraduate and undergraduate students. 250 students completed the online survey within one month. The data collected were analysed using IBM SPSS version 23 with pre-installed process macro developed by Hayes (2013). The findings reveal that both entrepreneurial education and access to finance contributes significantly to their entrepreneurial intention. However, the students perceive access to finance as a causal factor to entrepreneurial intention rather than an effectuation factor. Hence, the education offered can be argued to have more of managerial implications rather than entrepreneurial consequences. In the fifth paper titled “Task performance and Skills in IR 4.0: The moderating effect of Attitude”, Dr. Oluwatoyin Muse Johnson Popoola (Universiti Utara Malaysia), Prof. Dr. Ayoib Che Ahmad (Universiti Utara Malaysia), Dr. Rachael Oluyemisi Arowolo (Chrisland University, Nigeria), and Dr. Mazrah Malek (Universiti Utara Malaysia) examine the moderating impact of attitude (ATT) on skills (SK) and task performance fraud risk assessment (TPFRA) of professional accountants conceptually. This study possesses the capacity to impact the ethical, legal, regulatory, and institutional framework. Furthermore, the study possesses the abilities to persuade the efficient and effective policy formulations and enhance capacity building of the workforce in the public sector. To the best of the researchers’ knowledge, this may perhaps be the first conceptual study on the accountant's attitude as an indispensable capability requirement for skills and task performance fraud risk assessment in the specific working environment. The IPJAF existence is anchored on the service and dedication of its editorial board, the editorial team, and authors. I firmly believe that in the coming year, 2019, the vision of IPJAF to publish high-quality manuscripts within the scope of IPJAF from academic and professional researchers will be continually maintained and acknowledged. As you read through this Vol. 2 Issue 4 of IPJAF, I would like to appreciate you profoundly for your participation in submitting high-quality papers for review and publication in IPJAF. Notwithstanding the success so far recorded, I implore you and your colleagues, friends and associates to continue to partner with IPJAF by submitting quality research and policy papers within our scope for publication. I assure our prospective authors, regardless of the acceptance of your manuscripts or not, to continue to enjoy the benefits IPJAF provides about our review process, which offers high quality and helpful reviews tailored to assist authors in improving their manuscripts. In conclusion, I acknowledge your support as you, and I work hard to make IPJAF the most authoritative journal on accounting and finance for the community of academic, professional, industry, society and government. I thank you from the bottom of my heart for your continued interest, support and patronages to IPJAF in 2018, while looking forward to more beneficial relationships in 2019.
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22

Manavi, Anicar D., Malini Srinivasa Rao D. H und Preethi P K. „Enhancement of service quality by eds industry with public policy playing a catalyst role“. Journal of Management and Science 6, Nr. 3 (31.12.2016): 243–54. http://dx.doi.org/10.26524/jms.2016.22.

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Being innovative in delivering the service has become basic characteristic of a successful service vendor. In this backdrop, one of the fastest growing industries in logistic sector, Express Delivery Services (EDS) is coming out with innovative approaches to meet the demand of its customers, and trying to be cost efficient as well. For a firm to be more competent in the market by adapting innovative strategies, the role of public policy is expected to be as catalyst. But at times public policy turns out as hindrance to the EDS to be responsive towards customers’ need, and as cause for escalation of cost of delivering service. This paper with descriptive approach, tries to explain various challenges the EDS providers facing under current public policies like tax system, foreign trade, technology, infrastructure, state level regulatory,Indian Post Office Act, 1898 at macro level on one hand and at micro level decisions regarding man power policy, technology adaptation, and distribution design in various organizations on other hand. As part of findings, it is ascertained that there is a need of integrated approach by the federal system of public policy in India. This context is explained with the help of various available literatures and results of in-depth interviews conducted with some of the EDS providers and their customers. This paper will provide implication for further research in the field of service delivery, good governance and public policy by academicians and researchers, and management implication to related companies and public policy makers.
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23

Popoola, Oluwatoyin Muse Johnson. „Preface to the Second Issue of Indian Pacific Journal of Accounting and Finance“. Indian-Pacific Journal of Accounting and Finance 1, Nr. 2 (01.04.2017): 1–3. http://dx.doi.org/10.52962/ipjaf.2017.1.2.10.

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I welcome you to the Vol. 1 Issue 2 of Indian-Pacific Journal of Accounting and Finance. You will recall in Issue 1, I made known our commitment to publish high-quality, impactful papers and to bring scholars who share our vision and mission into the Editorial Advisory Board. Dr Ishaya John Dabari (Modibbo Adamawa University of Technology, Adamawa, Nigeria) has consented to join the Editorial Advisory Board. I am pleased to welcome him on board. In Issue 2, all the presentations are international research with emphasis on corporate governance and risk management, internal auditing, accounting information system, education, telecommunications, and banking sectors. In the first paper captioned “Effect of Risk Management Committee on Monitoring Mechanisms”, Dr Rachael Oluyemisi Arowolo (Chrisland University), Prof Dr Ayoib B. Che-Ahmad (Universiti Utara Malaysia), and Asst. Prof. Dr Oluwatoyin Muse Johnson Popoola (Universiti Utara Malaysia) examines the influence of risk management committee (RMC) on monitoring mechanisms (MM) in Sub-Saharan Africa. The paper provides empirical supports for RMC association with monitoring mechanisms to reduce agency problems, using the secondary data (2010-2012) of Nigerian non-financial listed companies. The article recommends to the board of Nigerian companies to explore the usefulness of RMC in monitoring the management and controlling shareholders to lessen agency problems and protect the interests of the minority shareholders. In the second paper entitled “Aligning Corporate Governance with Enterprise Risk Management Adoption in the Nigerian Deposit Money Banks”, Dr Ishaya John Dabari (Modibbo Adama University of Technology), Sini Fave Kwaji (Modibbo Adama University of Technology), and Ghazali Zulkurnai (Universiti Utara Malaysia) align corporate governance (CG) with Enterprise Risk Management (ERM) adoption in the Nigerian Deposit Money banks (DMBs). Their study used cross-sectional research design, survey method and questionnaire technique to collect data in 21 Nigerian DMBs. Out of 722 questionnaires distributed, 435 were found usable for further analysis through Structural Equation Modeling in Stata. The paper empirically reveals the significant positive relationship between CG and ERM adoption regarding internal audit effectiveness, human resource competency and top management commitment. The study provides insightful results for the banking industry, regulators, practitioners, academia and other stakeholders, perhaps to render assistance in the areas of policy formulation, implementation and evaluation. In the third paper titled “Independence and Management Support: The advocate for Internal Auditors’ Task Performance in Tertiary Institutions”, Oyewumi Hassan Kehinde (Universiti Utara Malaysia), Prof Dr Ayoib B. Che-Ahmad (Universiti Utara Malaysia), and Asst. Prof. Dr Oluwatoyin Muse Johnson Popoola (Universiti Utara Malaysia) examine the influence of independence (IND) and management support (MS) on the task performance (TP) of internal auditors in the South-West tertiary institutions in Nigeria. The study formulates and tests two hypotheses on the relationship between IND and TP in one hand, and MS and TP on the other hand. This study employs a quantitative approach, cross-sectional design, and survey questionnaire in obtaining data from 350 internal auditors from the internal audit departments/units of the universities, polytechnics, and colleges of education. The results of the PLS-SEM algorithm and bootstrapping reveal positive significant relationships between IND and TP, and the MS and TP, and hence, support the two hypotheses. The paper has a policy implication on the government/private proprietors who are owners of tertiary institutions; management and Council who control the institutions, internal auditors who are operators of internal auditing; regulatory authorities who perform oversight function on the institutions, and professional accounting and auditing bodies. The article adds to the body of knowledge and extends internal audit research to tertiary institutions. In the fourth paper entitled “Examining Information Disclosure on Regulatory Compliance of Telecommunication Companies in Nigeria”, Sini Fave Kwaji (Modibbo Adama University of Technology), Dr Ishaya John Dabari (Modibbo Adama University of Technology) examine the impact of information disclosure on regulatory compliance of telecommunication companies in Nigeria. The study adopted ex-post facto research design, which relies on secondary data collected from the financial statements of three (3) telecommunication companies out of the eight (8) telecommunication companies for the period of 2004 to 2015 and analysed through the multiple regression statistics. The results reveal that computed compliance index of telecommunication companies was above average (av. 75.6%) with the requirements of regulatory agencies. Also, the findings indicate that mandatory information disclosure (MID) recorded a significant impact at 10% (weak compliance), while voluntary information disclosure (VID) showed an effect at 5% (partial compliance). The article makes a clarion call for the enforcement of full compliance by all the telecommunication companies operating in Nigeria and therefore, recommends to the National Communication Commission (NCC) to monitor the compliance with the requirements of information disclosure and pursue its objective to achieve best corporate governance practices in Nigerian telecommunication companies. In the fifth paper titled “Examining CAATTs implementation by internal auditors in the public sector.” Dr Aidi Ahmi (Universiti Utara Malaysia), Associate Prof Dr Siti Zabedah Saidin (Universiti Utara Malaysia), and Dr Akilah Abdullah (Universiti Utara Malaysia) investigate the implementation of CAATTs by internal auditors in the Malaysian public sector. Their research reports the results from 12 interviews conducted with internal audit departments in both federal and state levels. The study revealed the implementation of CAATTs by internal auditors in public sector is still low because of lack of expertise, high implementation and maintenance cost, limited access of auditee’s data, and preference to conduct the audit manually. Furthermore, it is not mandatory for them to use CAATTs. The evidence is a contrast with the encouragement made by the government to improve the IT usage in public sector. The results implied that training for future auditors in CAATTs to ensure the successful implementation is crucial and strategic. For CAATTs to be a success, the head of internal audit must possess the awareness about the importance of CAATTs as well as enforcement of its implementation. As you read through this Vol. 1 Issue 2 of IPJAF, I would like to recap that the success of the journal depends on your active participation and those of your colleagues and friends through submission of high-quality articles for review and publication. I reiterate to our prospective authors to enjoy the benefits IPJAF provides about mentoring nature of the unique review process, which offers high quality, and helpful reviews tailored to assist authors in improving their manuscripts. I acknowledge your support as we endeavour to make IPJAF the most authoritative journal on accounting and finance for the community of academic, professional, industry, society and government.
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24

Popoola, Oluwatoyin Muse Johnson. „Preface to the Third Issue of Indian-Pacific Journal of Accounting and Finance“. Indian-Pacific Journal of Accounting and Finance 1, Nr. 3 (01.07.2017): 1–3. http://dx.doi.org/10.52962/ipjaf.2017.1.3.20.

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I have the honour and privilege to welcome you to the Vol. 1 Issue 3 of Indian-Pacific Journal of Accounting and Finance. In this Issue 3, the journal emphasises on accounting information system, corporate governance and risk management, accounting regulation and financial reporting, and accounting. In the first paper with the caption “Examining AIS Software and Co-operatives Performance in Malaysia”, Mr Mohd Hadzrami Harun Rasit (Tunku Puteri Intan Safinaz School of Accountancy, Universiti Utara Malaysia) and Dr Mohammad Azhar Ibrahim (Tunku Puteri Intan Safinaz School of Accountancy, Universiti Utara Malaysia) examine the use of Accounting Information System (AIS) software in the context of Malaysian co-operatives. The objectives of this paper are categorised into two, namely: to document the types of AIS software used by co-operatives, and to examine the relationship between the types of AIS software used and performance of the co-operatives. Furthermore, the paper draws on the resource-based view (RBV) to examine the gap issue. Findings from this study suggest that commercial and developed-in-house AIS software are mostly used by co-operatives. Also, the results reveal that co-operatives performance is not associated with the types of AIS software used by the co-operatives. The research provides valuable insights into the implementation of AIS among Malaysian co-operatives, which has received little attention thus far from academic, governmental and professional bodies. In the second paper with the title “A Review of Financial Distress Prediction Models: Logistic Regression and Multivariate Discriminant Analysis”, Mr Ehsan ul Hassan (School of Economics, Finance and Banking, Universiti Utara Malaysia), Dr Zaemah Zainuddin (School of Economics, Finance and Banking, Universiti Utara Malaysia), Dr Sabariah Nordin (School of Economics, Finance and Banking, Universiti Utara Malaysia) present a review of literature for early prediction of financial bankruptcy. The study contributes to the formation of a systematic review of the literature regarding previous studies done in the field of bankruptcy. It addresses two most commonly used financial distress prediction models, that is, multivariate discriminant analysis and logit regression. Models are discussed with their advantages and disadvantages. After methodological review, the authors advance that logit regression model (LRM) might perhaps have more advantages than multivariate discriminant analysis (MDA) for better prediction of financial bankruptcy. However, accurate prediction of bankruptcy is beneficial to improve the regulation of companies, to form policies for companies and to take any precautionary measures if any crisis is about to come in future. In the third paper captioned “Accounting Regulation and Financial Reporting Quality: Pre-and-Post IFRS Nigeria Evidence”, Philip Jehu (Federal University Kashere, Gombe, Nigeria) and Dr Mohammad Azhar Ibrahim (Tunku Puteri Intan Safinaz School of Accountancy, Universiti Utara Malaysia) examine whether accounting regulation is associated with financial reporting quality in Nigeria. The authors use accrual-based earnings management construct – abnormal accruals as a proxy for financial reporting quality. The study reveals some significant variation in abnormal accruals with the implementation of International financial reporting standards (IFRS) to regulate accounting practice. Similarly, the research finds that the control variables - firm size, leverage, and return on asset have significant effects on financial reporting quality. This study aligns and consistent with previous studies indicating the effectiveness of IFRS adoption in improving financial reporting quality. The study contributes to the discussion on IFRS adoption across reporting environments. Regulatory agencies in Nigeria might need to consider the combined effect of other corporate governance laws to ensure quality reporting. The study is limited by our sample (2009 - 2014), and by the proxies for both accounting regulation and financial reporting quality, the data of which was in most part handpicked. The authors recommend future research to consider perhaps testing the combined effect of other corporate governance variables like audit committees and board characteristics. In the fourth paper entitled “Investigating Ownership Structure, Company Characteristics and Online Environmental Disclosure in Malaysia”, Dr. Ali Saleh Ahmed Al_arussi (Xiamen University Malaysia) and Dr. Redhwan Ahmed Al_dhamari (Tunku Puteri Intan Safinaz School of Accountancy, Universiti Utara Malaysia) focus on environmental disclosure on the Internet and examine whether ownership structure and company characteristics have a significant association with the level of Internet environmental disclosure (IED) amongst Malaysian companies. Six variables – management ownership, government ownership, firm size, level of technology, industry type, and profitability – have been chosen to be examined in this study. Multiple regression analysis is used to test these relationships by analysing the data of 201 online annual reports on the websites of Malaysian companies. The results indicate that government ownership, firm size, level of technology and industry type are positively and significantly associated with IED; management ownership is negatively and significantly associated with IED, and profitability did not show a significant relationship. The results of this paper can be used by regulators to enhance and regulate online environmental reports as it is still voluntary based. In the fifth paper with the title “Examining the Livelihood Assets and Sustainable Livelihoods among the Vulnerability Groups in Malaysia”, Dr Ahmad Zubir Ibrahim (School of Government, Universiti Utara Malaysia), Dr Kalthum Hassan (School of Government, Universiti Utara Malaysia), Dr Roslina Kamaruddin (School of Economics, Finance and Banking, Universiti Utara Malaysia), and Associate Prof. Dr. Abdul Rahim Anuar (School of International Studies, Universiti Utara Malaysia) investigate the relationship between livelihood assets and sustainable livelihoods. The study is in response to the livelihood vulnerability group such as paddy farmers, coastal fishers and rubber tappers in rural areas, which are susceptible to economic shock and climate change such as flood and drought. This condition will, no doubt, jeopardise the livelihoods of this group and hence the research gap. This study adopts quantitative study with stratified sampling method to select a total of 600 respondents from rural areas in Kedah and Kelantan. The findings confirm that physical asset, natural asset and social asset are significantly related to the achievement of sustainable livelihoods. Some recommendations have been highlighted to assist the concerned parties in improving sustainable livelihoods among the vulnerable group in rural areas. As you read through this Vol. 1 Issue 3 of IPJAF, I would like to summarise that the success of the journal depends on your active participation and those of your colleagues and friends through submission of high-quality articles within the journal scope for review and publication. I beseech our revered authors to enjoy the benefits IPJAF provides about mentoring nature of the unique review process that offers high quality and helpful reviews tailored to improving their manuscripts. I acknowledge your support as we endeavour to make IPJAF the most authoritative journal on accounting and finance for the community of academic, professional, industry, society and government.
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25

Forbes, Rachel. „Creating Legal Space for Animal-Indigenous Relationships“. UnderCurrents: Journal of Critical Environmental Studies 17 (16.11.2013): 27–33. http://dx.doi.org/10.25071/2292-4736/37680.

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Full TextThe first law enacted in Canada to protect existing Aboriginal rights was section 35 of the Constitution Act, 1982.2 The first law in Canada to recognize the rights of non-human animals as anything other than property has yet to be enacted. The first Supreme Court of Canada (hereafter referred to as the Court) case to interpret section 35 was R. v. Sparrow.3 The 1990 case confirmed an Aboriginal right of the Musqueam peoples of British Columbia to fish for food, social and ceremonial purposes. Since this precedent-setting case, many similar claims have been brought before the courts by way of the fluctuating legal space created by s.35. Many of these cases have been about establishing rights to fish4, hunt5, and trap non-human animals (hereafter referred to as animals). The Court has developed, and continues to develop tests to determine the existence and scope of Aboriginal rights. These tests primarily embody cultural, political and, to a surprisingly lesser degree, legal forces. One of the principal problems with these tests is that they privilege, through the western philosophical lens, the interests of humans. Animals are, at best, the resources over which ownership is being contested. The Euro-centric legal conceptualization of animals as 'resources' over which ownership can be exerted is problematic for at least two reasons. First, the relegation of animals solely to a utilitarian role is antithetical to Indigenous-animal relationships and therefore demonstrates one of the fundamental ways the Canadian legal system is ill equipped to give adequate consideration to Indigenous law. Second, failure to consider animals' inherent value and agency in this context reproduces the human-animal and culture-nature binaries that are at the root of many of western Euro-centric society's inequities. This paper argues that Aboriginal peoples' relationships with animals are a necessary, integral and distinctive part of their cultures6 and, therefore, these relationships and the actors within them are entitled to the aegis of s.35. Through the legal protection of these relationships, animals will gain significant protection as a corollary benefit. If the Court were to protect the cultural relationships between animals and Aboriginal groups, a precondition would be acceptance of Indigenous legal systems. Thus, this paper gives a brief answer to the question, what are Indigenous legal systems and why are animals integral to them? The Anishinabe (also known Ojibwe or Chippewa) are Indigenous peoples who have historically lived in the Great Lakes region. The Bruce Peninsula on Lake Huron is home to the Cape Croker Indian Reserve, where the Chippewas of Nawash First Nation live. The people of this First Nation identify as Anishinabe. The Anishinabek case of Nanabush v. Deer is a law among these people and is used throughout the paper as an example of Indigenous-animal relationships. Making the significant assumption that s.35 has the capacity to recognize Indigenous law, the subsequent section of the paper asks why we should protect these relationships and how that protection should be achieved. Finally, the paper concludes that both the ability of s.35 to recognize Indigenous-animal relationships, and the judicial and political will to grant such recognition, are unlikely. Indigenous-animal relationships are integral to the distinctive culture of the Anishinabek, however the courts would be hesitant to allow such an uncertain and potentially far-reaching right. This is not surprising given that such a claim by both Indigenous and animal groups would challenge the foundations upon which the Canadian legal system is based. There are many sensitive issues inherent in this topic. It should be noted the author is not of Indigenous ancestry, but is making every effort to learn about and respect the Indigenous legal systems discussed. While this paper focuses on a number of Anishinabek laws; it is neither a complete analysis of these practices, nor one that can be transferred, without adaptation, to other peoples. Finally, Indigenous peoples and animal rights and Indigenous law scholars, such as Tom Regan and Mary Ellen Turpel-Lafond, respectively, may insist on an abolitionist approach to animal 'use' or reject the legitimacy of s.35 itself.7 These perspectives are worthy and necessary. This paper positions itself amongst these and other sources in order to reflect upon the timely and important issue of the legal status of Indigenous-animal relationships. I:WHAT ARE INDIGENOUS LEGAL SYSTEMS? The Law Commission of Canada defines a legal tradition as “a set of deeply rooted, historically conditioned attitudes about the nature of law, the role of law in the society and the polity, the proper organization and operation of a legal system, and the way law is or should be made, applied, studied, perfected and taught.”8 Indigenous legal traditions fit this description. They are living systems of beliefs and practices, and have been recognized as such by the courts.9 Indigenous practices developed into systems of law that have guided communities in their governance, and in their relationships amongst their own and other cultures and with the Earth.10 These laws have developed through stories, historical events that may be viewed as ‘cases,’ and other lived experiences. Indigenous laws are generally non-prescriptive, non-adversarial and non-punitive and aim to promote respect and consensus, as well as close connection with the land, the Creator, and the community. Indigenous laws are a means through which vital knowledge of social order within the community is transmitted, revived and retained. After European ‘settlement’ the influence of Indigenous laws waned. This was due in part to the state’s policies of assimilation, relocation and enfranchisement. 11 Despite these assaults, Indigenous legal systems have persevered; they continue to provide guidance to many communities, and are being revived and re-learned in others. For example, the Nisga’a’s legal code, Ayuuk, guides their communities and strongly informs legislation enacted under the Nisga’a Final Agreement, the first modern treaty in British Columbia.12 The land and jurisdiction claims of the Wet’suwet’en and Gitxsan Nations ultimately resulted in the Court’s decision in Delgamuukw,13 a landmark case that established the existence of Aboriginal title. The (overturned) BC Supreme Court’s statement in Delgamuukw14 reveals two of the many challenges in demonstrating the validity of Indigenous laws: “what the Gitxsan and Wet’suwet’en witnesses[es] describe as law is really a most uncertain and highly flexible set of customs which are frequently not followed by the Indians [sic] themselves.” The first challenge is that many laws are not in full practice, and therefore not as visible as they could be and once were. What the courts fail to acknowledge, however, is that the ongoing colonial project has served to stifle, extinguish and alter these laws. The second challenge is that the kind of law held and practiced by Indigenous peoples is quite foreign to most non-Indigenous people. Many Indigenous laws have animals as central figures. In Anishinabek traditional law, often the animals are the lawmakers15: they develop the legal principles and have agency as law givers. For instance, the Anishinabek case Nanabush v. Deer, Wolf , as outlined by Burrows, is imbued with legal principles, lessons on conduct and community governance, as well as ‘offenses’ and penalties. It is not a case that was adjudicated by an appointed judge in a courtroom, but rather one that has developed over time as a result of peoples’ relationships with the Earth and its inhabitants. An abbreviated summary of the case hints at these legal lessons: Nanabush plays a trick on a deer and deliberately puts the deer in a vulnerable position. In that moment of vulnerability, Nanabush kills the deer and then roasts its body for dinner. While he is sleeping and waiting for the deer to be cooked, the Wolf people come by and take the deer. Nanabush wakes up hungry, and out of desperation transforms into a snake and eats the brains out of the deer head. Once full, he is stuck inside the head and transforms back into his original shape, but with the deer head still stuck on. He is then chased and nearly killed by hunters who mistake him for a real deer. This case is set within the legal context of the Anishinabek’s treaty with deer. In signing the treaty, the people were reminded to respect beings in life and death and that gifts come when beings respect each other in interrelationships.16 Nanabush violated the rights of the deer and his peoples’ treaty with the deer. He violated the laws by taking things through trickery, and by causing harm to those he owed respect. Because his actions were not in accordance with Anishinabek legal principles, he was punished: Nanabush lost the thing he was so desperately searching for, and he ended up nearly being killed. This case establishes two lessons. The first is that, like statutory and common law, with which Canadians are familiar, Indigenous law does not exist in isolation. Principles are devised based on multiple teachings, pre- vious rules and the application of these rules to facts. That there are myriad sources of Indigenous law suggests that the learning of Indigenous law would require substantial effort on the part of Canadian law-makers.17 The second is that animals hold an important place in Indigenous law, and those relationships with animals – and the whole ‘natural’ world – strongly inform the way they relate to the Earth. II: CAN CANADIAN LAW ACCEPT INDIGENOUS LEGAL SYSTEMS? If there were a right recognized under s.35 concerning the Indigenous-animal relationship, what would it look like? Courts develop legal tests to which the facts of each case are applied, theoretically creating a degree of predictability as to how a matter will be judged. Introduced in Sparrow, and more fully developed in Van der Peet, a ‘test’ for how to assess a valid Aboriginal right has been set out by the Court. Summarized, the test is: “in order to be an Aboriginal right an activity must be an element of a practice, custom or tradition integral to the distinctive culture of the Aboriginal group claiming the right.”18 There are ten, differently weighted factors that a court will consider in making this assessment. The right being ‘tested’ in this discussion is the one exemplified in Nanabush v. Deer: the ability of Indigenous peoples to recognize and practice their laws, which govern relationships, including death, with deer and other animals. The courts have agreed that a generous, large and liberal construction should be given to Indigenous rights in order to give full effect to the constitutional recognition of the distinctiveness of Aboriginal culture. Still, it is the courts that hold the power to define rights as they conceive them best aligning with Canadian society19; this is one way that the Canadian state reproduces its systems of power over Indigenous peoples.20 The application of the Aboriginal right exemplified in Nanbush v. Deer to the Sparrow and Van der Peet tests would likely conclude that the Anishinabek do have an integral and distinctive relationship with animals. However, due to the significant discretion of the Court on a number of very subjective and politically sensitive factors, it is uncertain that the Nanabush v. Deer case would ‘pass’ Van der Peet’s required ten factors.21 This is indicative of the structural restraints that s.35 imposes. 22 The questions it asks impair its ability to capture and respect the interrelationships inherent in Indigenous peoples’ interactions with animals. For example, the Court will characterize hunting or fishing as solely subsistence, perhaps with a cultural element. Shin Imai contends these activities mean much more: “To many…subsistence is a means of reaffirming Aboriginal identity by passing on traditional knowledge to future generations. Subsistence in this sense moves beyond mere economics, encompassing the cultural, social and spiritual aspects for the communities.”23 Scholar Kent McNeil concludes that: “regardless of the strengths of legal arguments in favour of Indigenous peoples, there are limits to how far the courts […] are willing to go to correct the injustices caused by colonialism and dispossession.”24 It is often not the legal principles that determine outcomes, but rather the extent to which Indigenous rights can be reconciled with the history of settlement without disturbing the current economic and political structure of the dominant culture. III:WHY PROTECT THE ANIMAL-INDIGENOUS RELATIONSHIP? Legally protecting animal-Indigenous relationships offers symbiotic, mutually respectful benefits for animals and for the scope of Aboriginal rights that can be practiced. For instance, a protected relationship would have indirect benefits for animals’ habitat and right to life: it would necessitate protecting the means necessary, such as governance of the land, for realization of the right. This could include greater conservation measures, more contiguous habitat, enforcement of endangered species laws, and, ideally, a greater awareness and appreciation by humans of animals and their needs. Critical studies scholars have developed the argument that minority groups should not be subject to culturally biased laws of the mainstream polity.24 Law professor Maneesha Deckha points out that animals, despite the central role they play in a lot of ‘cultural defences,’ have been excluded from our ethical consideration. Certainly, the role of animals has been absent in judicial consideration of Aboriginal rights.26 Including animals, Deckha argues, allows for a complete analysis of these cultural issues and avoids many of the anthropocentric attitudes inherent in Euro-centric legal traditions. In Jack and Charlie27 two Coast Salish men were charged with hunting deer out of season. They argued that they needed to kill a deer in order to have raw meat for an Aboriginal religious ceremony. The Court found that killing the deer was not part of the ceremony and that there was insufficient evidence to establish that raw meat was required. This is a case where a more nuanced consideration of the laws and relationships with animals would have resulted in a more just application of the (Canadian) law and prevented the reproduction of imperialist attitudes. A criticism that could be lodged against practicing these relationships is that they conflict with the liberty and life interests of animals.28 Theoretically, if Indigenous laws are given the legal and political room to fully operate, a balance between the liberty of animals and the cultural and legal rights of Indigenous peoples can be struck.29 Indeed, Indigenous peoples’ cultural and legal concern for Earth is at its most rudimentary a concern for the land, which is at the heart of the challenge to the Canadian colonial system. If a negotiated treaty was reached, or anti-cruelty and conservation laws were assured in the Indigenous peoples’ self government system, then Canadian anti-cruelty30 and conservation laws,31 the effectiveness of which are already questionable, could be displaced in recognition of Indigenous governance.32 Indigenous peoples in Canada were – and are, subject to imposed limitations – close to the environment in ways that can seem foreign to non-Indigenous people.33 For example, some origin stories and oral histories explain how boundaries between humans and animals are at times absent: Animal-human beings like raven, coyote and rabbit created them [humans] and other beings. People …acted with respect toward many animals in expectation of reciprocity; or expressed kinship or alliance with them in narratives, songs, poems, parables, performances, rituals, and material objects. 34 Furthering or reviving these relationships can advance the understanding of both Indigenous legal systems and animal rights theory. Some animal rights theorists struggle with how to explain the cultural construction of species difference: Indigenous relationships with animals are long standing, lived examples of a different cultural conception of how to relate to animals and also of an arguably healthy, minimally problematic way to approach the debate concerning the species divide.35 A key tenet of animal-Indigenous relationships is respect. Shepard Krech posits that Indigenous peoples are motivated to obtain the necessary resources and goals in ‘proper’ ways: many believe that animals return to the Earth to be killed, provided that hunters demonstrate proper respect.36 This demonstrates a spiritual connection, but there is also a concrete connection between Indigenous peoples and animals. In providing themselves with food and security, they ‘manage’ what Canadian law calls ‘resources.’37 Because of the physical nature of these activities, and their practical similarity with modern ‘resource management,’ offering this as ‘proof’ of physical connection with animals and their habitat may be more successful than ‘proving’ a spiritual relationship. Finally, there are health reasons that make the Indigenous-animal relationship is important. Many cultures have come to depend on the nutrients they derive from particular hunted or fished animals. For example, nutrition and physical activity transitions related to hunting cycles have had negative impacts on individual and community health.38 This shows the multidimensionality of hunting, the significance of health, and, by extension, the need for animal ‘resources’ to be protected. IV: HOW SHOULD WE PROTECT THESE ABORIGINAL RIGHTS? If the Anishinabek and the deer ‘win’ the constitutional legal test (‘against’ the state) and establish a right to protect their relationships with animals, what, other than common law remedies,39 would follow? Below are ideas for legal measures that could be taken from the human or the animal perspective, or both, where benefits accrue to both parties. If animals had greater agency and legal status, their needs as species and as individuals could have a meaningful place in Canadian common and statutory law. In Nanabush v. Deer, this would mean that the deer would be given representation and that legal tests would need to be developed to determine the animals’ rights and interests. Currently the courts support the view that animals can be treated under the law as any other inanimate item of property. Such a legal stance is inconsistent with a rational, common-sense view of animals,40 and certainly with Anishinabek legal principles discussed herein.41 There are ongoing theoretical debates that inform the practical questions of how animal equality would be achieved: none of these in isolation offers a complete solution, but combined they contribute to the long term goal. Barsh and James Sákéj Youngblood Henderson advocate an adoption of the reasoning in the Australian case Mabo v. Queensland,42 where whole Aboriginal legal systems were imported intact into the common law. Some principles that Canada should be following can also be drawn from international treaties that Canada has or should have signed on to.43 Another way to seek protection from the human perspective is through the freedom of religion and conscience section of the Charter. Professor John Borrows constructs a full argument for this, and cites its challenges, in Living Law on a Living Earth: Aboriginal Religion, Law and the Constitution.44 The strongest, but perhaps most legally improbable, way to protect the animal- Indigenous relationship is for Canada to recognize a third, Indigenous order of government (in addition to provincial and federal), where all three orders are equal and inform one another’s laws. This way, Indigenous laws would have the legal space to fully function and be revived. Endowing Indigenous peoples with the right to govern their relationships would require a great acquiescence of power by governments and a commitment to the establishment and maintenance of healthy self-government in Indigenous communities. Louise Mandell offers some reasons why Canada should treat Aboriginal people in new ways, at least one of which is salient to the third order of government argument: To mend the [E]arth, which must be done, governments must reassess the information which the dominant culture has dismissed. Some of that valuable information is located in the oral histories of Aboriginal Peoples. This knowledge will become incorporated into decisions affecting the [E]arth’s landscape when Aboriginal Peoples are equal partners in decisions affecting their territories.45 V: CONCLUSION A legal system that does not have to justify its existence or defend its worth is less vulnerable to challenges.46 While it can be concluded that s.35 has offered some legal space for Indigenous laws and practices, it is too deeply couched in Euro-centric legal traditions and the anthropocentric cultural assumptions that they carry. The most effective strategy for advancing Indigenous laws and culture, that would also endow many animals with greater agency, and relax the culture-nature, human-animal binaries, is the formal recognition of a third order of government. Lisa Chartrand explains that recognition of legal pluralism would be a mere affirmation of legal systems that exist, but which are stifled: “…this country is a multijuridical state, where the distinct laws and rules of three systems come together within the geographic boundaries of one political territory.” 47 Revitalizing Indigenous legal systems is and will be a challenging undertaking. Indigenous communities must reclaim, define and understand their own traditions: “The loss of culture and traditions caused by the historic treatment of Aboriginal communities makes this a formidable challenge for some communities. Equally significant is the challenge for the Canadian state to create political and legal space to accommodate revitalized Indigenous legal traditions and Aboriginal law-making.”48 The project of revitalizing Indigenous legal traditions requires the commitment of resources sufficient for the task, and transformative change to procedural and substantive law. The operation of these laws within, or in addition to, Canadian law would of course cause widespread, but worthwhile controversy. In Animal Bodies, Cultural Justice49 Deckha argues that an ethical relationship with the animal Other must be established in order realize cultural and animal rights. This paper explores and demonstrates the value in finding legal space where cultural pluralism and respect for animals can give rise to the practice of Indigenous laws and the revitalization of animal-Indigenous relationships. As Borrows writes: “Anishinabek law provides guidance about how to theorize, practice and order our association with the [E]arth, and could do so in a way that produces answers that are very different from those found in other sources.”50 (see PDF for references)
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Nascimento, Bruno Santos, und Márcia Fusaro. „A matemática é política, Chiara Valerio, Belo Horizonte: Editora Âyiné, 2021. 103 p“. Dialogia, Nr. 41 (26.08.2022): e22417. http://dx.doi.org/10.5585/41.2022.22417.

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A matemática é vista, às vezes, como algo inatingível, de difícil aplicação e que apenas os “gênios” conseguem compreender. Não é incomum se ouvir pessoas relatarem situações diversas, por vezes envolvendo receio, dificuldade, ou mesmo facilidade, em lidar com a matemática. Na área da educação se trata, conforme é sabido, de um dos temas mais desafiadores para se trabalhar quando o assunto em pauta são as dificuldades de aprendizagem e ensino, sobretudo, no ensino básico.O livro A matemática é política é uma dessas obras passíveis de se tornar popular, ainda que trate de um tema complexo, uma vez que a autora apresenta, em linguagem bastante acessível, certas inquietações em que a matemática pode servir de meio para esclarecimentos e, outras vezes, para gerar novos questionamentos. O livro se divide em treze capítulos escritos em um agradável estilo ensaístico e uma abordagem muito atualizadora sobre o universo da matemática.A autora, Chiara Valerio, é Ph.D em Cálculo das Probabilidades pela Universidade de Nápoles. Ensaísta, atualmente trabalha também como editora da revista italiana Nuovi Argomenti, além de contribuir para o blog literário Nazione Indiana. Atuou em programas de rádio, escreveu peças de teatro e trabalhou em diversos jornais. É curadora do programa "Ad alta voce" na Rádio 3, ao lado de Anna Antonelli, Fabiana Carobolante e Lorenzo Pavolini. Atualmente, trabalha como editora-chefe da seção dedicada à narrativa italiana da editora Marsilio. Escreve para o jornal italiano La Repubblica, para a revista Vanity Fair, para a publicação semanal L'Espresso e para a publicação mensal Amica. Em outubro de 2016, foi nomeada diretora cultural da "Tempo di libri", a feira do livro de Milão.Já no primeiro capítulo “A Matemática é aquela Ciência”, apresentam-se algumas indagações sobre o modo como a matemática é vista e trabalhada em diversos contextos. Há uma crítica sobre a matemática, em geral, ser apresentada fora do espaço e tempo do contexto da sala de aula. Conforme a autora, ela é apresentada por todo um conjunto de procedimentos ao longo de toda a educação básica. Procedimentos estes que geralmente não fazem sentido algum para o aluno.E o matemático então? Costuma ser visto como um “ser superior” que não erra nunca em seus cálculos e demonstrações. Mas o que a autora nos lembra é que se trata de um ser humano que, assim como os demais, também erra e tem suas fraquezas. Contudo, por ser considerado como um “ser superior”, seus erros dificilmente são vistos.Em “Verdade e consequência”, Valerio apresenta sua inquietação em relação ao conceito de verdade absoluta. Não concorda com o fato de que uma verdade não possa ser relativizada. A matemática, segundo ela, foi o caminho que a vida lhe ofereceu para que pudesse começar uma revolução. Para ela, tal revolução é a “impossibilidade de aderir a qualquer sistema lógico, normativo, cultural e sentimental no qual exista a Verdade absoluta, o líder, a autoridade imposta e indiscutível” (p. 14).As certezas perenes não existem e, para ilustrar esse fato, ela apresenta seus argumentos por meio de contextos históricos. Inúmeros conceitos matemáticos são usados por centenas de anos sem que ninguém os questione. Isso ocorreu por muito tempo, por exemplo, com os postulados de Euclides. Até o jesuíta italiano Giovanni Girolamo Saccheri ser um dos primeiros a chegar mais perto da questão, tendo a coragem de questionar a verdade absoluta dos postulados euclidianos. Contudo, tentar invalidar, ou mesmo questionar a obra matemática de Euclides não é uma tarefa fácil.A religião e a matemática, em muitos momentos podem se afastar, como, por exemplo, a matemática não admitir o princípio da autoridade, devido ao raciocínio lógico. Todavia, quando o fato em questão é, por exemplo, questionar a obra de Euclides, tem-se um consenso que chega a soar dogmático, como na religião: “uma Geometria que não seja euclidiana, além de não ser útil, é blasfema” (p.27).Em “Lições de Casa”, a autora faz uma relação entre o tempo e a memória. Sua escrita se contextualiza com a atualidade ao mencionar a pandemia gerada pelo vírus Covid-19. Com esse evento que assolou o mundo a partir de 2020, e se manteve em 2021, pudemos pensar a forma como o tempo passou a ser de contato e sentido de maneira diferente do que se percebia anteriormente.A matemática se relaciona a hobbies e a práticas que temos no dia a dia. É também, conforme a autora, a disciplina mais democrática de todas porque todos podem ter acesso a ela em todos os níveis de escolaridade.“A instrução é horizontal, a cultura é vertical (Autoficção)” é um capítulo que proporciona um momento de reflexão em que Valerio, com um tom de pesar, nos mostra como os professores são influenciados e reproduzem aquela formação que tiveram quando mais jovens, esquecendo-se, em muitos momentos, de que o mundo mudou e que eles precisam mudar também.Muitos professores já devem ter ouvido a frase “Para que serve estudar Matemática”, mas em tom de pergunta. Valerio a apresenta nesse capítulo em forma de afirmação. Com sua escrita agradável, mas sem abrir mão do rigor da análise em nenhum momento, apresenta esse tema nesse capítulo, apresentando livros e situações-problema propostos por professores, onde a matemática aparece descontextualizada ou situações em que a contextualização é apresentada de maneira extremamente forçada.Em especial, chama a atenção a referência que a autora faz aos números complexos. É como se ela tentasse lançar mão de um universo onde tudo aquilo que não pode ser resolvido pelos números reais, possa ser vislumbrado no conjunto dos números imaginários (complexos).Seguindo pela obra, em “Democracia e Matemática”, Valerio compara a democracia e a ditatura. Para ela, a matemática é democrática porque “baseia-se em um sistema partilhado de regras continuamente negociáveis e continuamente verificáveis” (p. 58), enquanto a ditatura não se desenvolve e não se interpreta. Vê-se, hoje em dia, muitas democracias sendo minadas pelo fato de seus governantes não terem noções mais aprofundadas de matemática. E, por fim, ainda se pergunta: para que se aprende matemática?A matemática é uma ciência em que a gramática e a interpretação fazem toda a diferença. “A matemática não é a Ciência dos objetos, mas das relações entre os objetos, assim como a Gramática é a Ciência das relações entre as palavras” (p. 43).Por um momento, parece até que a autora está se referindo ao Brasil no capítulo “O primeiro erro de avaliação somos nós”. Por esses tempos em que certos governantes demonstram, perigosamente, uma tendência a não querer respeitar a nossa carta magna, a Constituição Federal. Valerio expõe que estudar matemática é algo importante aos constitucionalistas. Isso porque a matemática define regras que serão usadas em todos, ou quase todos, os casos. A constituição nos permite ter regras que deveriam ser seguidas por todos.“Infodemia” é uma abordagem sobre o excesso de informações relacionado a questões de teor matemático na atualidade. Em “Superatividade”, a autora se remete ao tempo de pandemia, em que tivemos um excesso de informações que nos levaram, no limite, a uma espécie de paralisia causada pelo medo. Além disso, a pandemia tem sido um desafio às democracias que, assim como a brasileira, recém-conquistada, estão sendo postas em xeque. São incontáveis informações, muitas delas falsas (atualmente chamadas de fake news) e um número de governantes tentando manter a população em segurança, ao contrário de outros.A democracia, assim como a matemática, deve ser exercitada. É isso o que a autora nos apresenta em “O exercício da Democracia”. Muitos sabem as regras do seu esporte favorito, mas não conhecem as regras da Democracia. Nesse capítulo, ela aborda o fato de se sentir incomodada com o discurso de alguns movimentos políticos e, a título de elucidação, esclarece que: “para mudar, o primeiro passo é pensar bem naquilo que se diz e como se diz” (p. 74).Em cada momento de nossas vidas, precisamos fazer escolhas. Tais escolhas podem influenciar nossas vidas e as dos outros. Este é o assunto tratado pela autora no capítulo “Invisível e presente”. Por meio de lembranças, Valerio vai expondo seu ponto de vista sobre a matemática relacionada a contextos de vida. Sobre a boneca Barbie, por exemplo, que teve em sua infância e com a qual não se identificava, visto que a boneca representava um senso comum no qual ela não se enquadrava. Ao abordar as cédulas de dinheiro, faz toda uma reflexão sobre repensarmos nossas práticas e atitudes caso queiramos deixar um mundo melhor para nossos descendentes.De forma muito original, a autora faz toda uma análise sobre Sirius Black (padrinho do personagem central da saga Harry Potter, que é introduzido na história a partir do terceiro livro: Harry Potter e o prisioneiro de Azkaban). Relacionando essa saga à sua própria história pessoal sobre como usou a matemática como combustível para alcançar seus objetivos, ela narra que Black foi detido em uma prisão em que os guardas (os Dementadores) sugam sua felicidade e determinação. Ele está preso injustamente e em busca de vingança. O ódio é o seu combustível para não ser corrompido pelo sistema carcerário e conseguir fugir da prisão.Em “Uma questão de representação do tempo e uma tragédia semântica (Butman)”, a autora volta a tratar sobre a pandemia de Covid-19, dessa vez relacionando-a aos morcegos (provável causa do início da infecção) e ao personagem Batman das HQs. Batman é um herói capitalista que, mesmo com todo seu dinheiro, não consegue resolver todos os problemas que afligem ele próprio e a cidade de Gotham, e os morcegos (“irmãos” de Batman) servem como ingrediente para certos pratos exóticos. Está posto o encadeamento de padrões. A matemática nos ajuda também a entender os padrões. As recomendações de médicos e especialistas, por sua vez, seguem um padrão que nos ajuda a diminuir o contágio.A autora narra, por fim, que passar muito tempo estudando matemática lhe possibilitou não ser questionada sobre determinadas ideias. E arremata argumentando que outras mulheres com as mesmas ideias, mas que não estudaram matemática, provavelmente teriam mais trabalho para conseguirem ser ouvidas.Como é possível notar, A matemática é política é uma obra atual e que nos faz refletir, no contexto da educação e do dia a dia, sobre como essa ciência pode e deve ser aplicada, não de forma mecânica e decorativa, mas de forma crítica e política.
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Crepelle, Adam, Tate Fegley und Ilia Murtazashvili. „Military societies: self-governance and criminal justice in Indian country“. Public Choice, 21.10.2022. http://dx.doi.org/10.1007/s11127-022-01004-1.

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AbstractWe argue that criminal justice institutions must be accessible to citizens, legitimate and have capacity to enforce law. Such was the case with the military societies of the Plains Indians: a system of criminal justice that predated the time of European contact and which remained a significant source of law and order in Indian country until the Indian Wars concluded at the end of the nineteenth century. Nonetheless, the federal government attempted to replace military societies with federal police starting circa 1850. Despite such attempts, we show that military societies remain an important institution for criminal justice on the contemporary Northern Cheyenne Reservation. When the federal government shirked on policing during the coronavirus pandemic, military societies took over important policing functions. This does not mean that traditional military societies should replace federal enforcement; rather, it shows that until the quality of federal policing improves, traditional institutions of criminal justice remain an important source of public safety in Indian country.
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Tutt, Marissa, Lyle Becenti, Kristen Tallis und Nicolette Teufel-Shone. „Intertribal Collaboration and Health“. Turtle Island Journal of Indigenous Health 1, Nr. 2 (03.11.2021). http://dx.doi.org/10.33137/tijih.v1i2.35155.

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In the United States, American Indians and Alaska Natives (AIAN) are rebuilding their nations through assertion of sovereignty, standards of governance, cultural frameworks, strategic orientation, and effective leadership. The approach emphasizes tribal self-determination in managing nation affairs and reducing reliance on state and federal assistance. Through nation-building, tribal nations can improve their citizens’ health and well-being while empowering local capacity and cultural pride. Intertribal collaboration can be an effective strategy to leverage resources and create a coalition for support and knowledge exchange; however, the research documenting practices, and outcomes of tribal health management that uses intertribal collaboration is limited. This systematic review investigates health-focused collaborations among the tribal nations in North America. Peer-reviewed articles that included at least two federally recognized tribes, described AIAN driven initiatives, implemented a health management plan, collaborated between Indigenous leaders, and goals of social, behavioural, mental, and physical health outcomes were examined. This search was limited to articles published between January 1, 1970 to November 30, 2019. The PRISMA systematic review process was used. Twenty-seven articles were screened, and three articles were eligible for thematic review. The articles highlighted the importance of utilizing an Indigenous framework to facilitate program management and collaboration, recognition of cultural differences, and sovereignty rights. Characteristics that contributed to the establishment and strengthening of intertribal collaboration were: (1) adapt new proposals, (2) respectful recognition of sovereignty, and (3) transparent and honest communication. The small sample size indicated most Indigenous health programs are not “AIAN-driven”, limiting the foundation for building evidence-based frameworks.
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., Prof (Dr) Manish, und Rajesh Kumar Singh. „FEDERALISING INDIA'S FOREIGN POLICY AND REGIONAL COOPERATION: STATE'S ROLE IN FOREIGN POLICY“. Towards Excellence, 31.12.2022, 159–79. http://dx.doi.org/10.37867/te140415.

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This paper is an assessment to determine the role of Indian states in Indian foreign policy making and tries to systematically analyse the factors that contribute to the rise of the state's role in shaping Indian foreign policy. The relevance of the state's role will increase with the geography of India's position in the subcontinent, as most of the Indian states barring a few, share international borders and have historical and cultural connections with trans-border nations. Thus, regional issues impact India's subnational units' interests and influence the decision-making in Indian foreign policy and India's regional cooperation. This is an enquiry about the role of states in Indian foreign policy to see the push-pull effect of states on bilateral foreign policy decisions. It examined and analysed whether the role and influence of states have been different when they were part of the coalition government at the Centre from the case when they were not part of the government in New Delhi. Indian Constitution, parliament discussion, national interests and prevalent political structure have evolved foreign policy decision-making over time, which is dynamic due to the influence of domestic politics and India’s aspirations of emergence in the world order. In India's foreign policy, the Centre has acted dominantly and exclusively based on the philosophy that the Centre should control international affairs without any inferences by the federal units of the Union. The Constitution nowhere describes the polity as federal. However, the features, distribution of powers and characteristics indicate that it predominantly works as a federation in times of peace and acts as a unitary government during an emergency. Lately, with the emergence of the coalition government in India and the changed world order after 1991, it has been seen that states were reaching out from their limited autonomy and actively interacting with external actors for their interests which remained coupled with national interests. Federal polity relations between the Centre and states are crucial in determining the effectiveness of policy and governance. Deeper penetration of democratisation within the society and an open and expanding economy has given space to subunits to influence foreign policy. Later, when India opened its markets for foreign investment, the Centre assumed the role of regulator and patron of the state's ties with external agencies. This changing economic scenario and the advent of globalisation factors like the state's economic conditions, capabilities and cultural ties became important factors, leveraging their role in India's foreign policy. While analysing the role of states in Indian foreign policy, West Bengal's role in influencing the neighbourhood policy with Bangladesh is significant and cannot be neglected. Similarly, Tamilnadu's active role in India's policy towards Sri Lanka is noticeable.
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-, Kundesh Sharma. „Revolutionizing Policing: Examining the Himachal Pradesh Police Act, 2007 within the Framework of 21st Century Reforms“. International Journal For Multidisciplinary Research 5, Nr. 6 (10.11.2023). http://dx.doi.org/10.36948/ijfmr.2023.v05i06.8702.

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This paper explores the transformative journey of policing in Himachal Pradesh, India, examining the Himachal Pradesh Police Act of 2007 within the context of 21st century reforms. India's intricate federal structure mandates a distinct legal framework for policing in each state. The historical evolution of policing in Himachal Pradesh is traced from the colonial-era Police Act of 1861 to the state-specific 2007 Act. The study analyzes the significant differences between these two legislative frameworks, emphasizing the broader scope of duties, enhanced powers, improved accountability, and greater welfare provisions for police personnel under the Himachal Pradesh Police Act of 2007. The Act's relevance within India's federal system is underscored, particularly in light of contemporary challenges and community engagement. The Himachal Pradesh experience serves as a model for effective police reform within a federal framework. It highlights the importance of context-specific legal frameworks for maintaining public order and safeguarding community interests in the 21st century. Effective implementation of the 2007 Act is crucial to realizing its full potential and offering valuable lessons for policing and governance in the evolving Indian landscape.
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Crepelle, Adam, Tate Fegley, Ilia Murtazashvili und Jennifer Brick Murtazashvili. „Community policing on American Indian reservations: a preliminary investigation“. Journal of Institutional Economics, 10.01.2022, 1–18. http://dx.doi.org/10.1017/s1744137421000928.

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Abstract In the 1970s, Elinor Ostrom and her colleagues found that neighborhood policing works better than metropolitan policing. Though Ostrom articulated design principles for self-governance, the early studies of neighborhood policing did not. In this paper, we articulate the design principles for self-governing policing, which we term Ostrom-Compliant Policing. We then apply this framework to an understudied case: policing on American Indian reservations. Policing in Indian country generally falls into one of three categories – federal policing (by the Bureau of Indian Affairs and Federal Bureau of Investigation), state policing (by municipal and state police departments), and tribal policing (by tribal police departments) – that vary in the degree of centralization. Our main contribution is to show that tribal policing as it is practiced in the United States, which claims to be self-governing, is not Ostrom-Compliant. Thus, our approach offers insight into why high crime remains an ongoing challenge in much of Indian country even when tribes have primary control over policing outcomes. This does not mean centralization is better, or that self-governance of policing does not work. Rather, our research suggests that a greater tribal autonomy over-policing and meta-political changes to federal rules governing criminal jurisdictions is necessary to implement Ostromian policing.
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Kumar, K. Gopa. „HISTORICAL EVOLUTION OF FEDERAL FINANCES IN INDIA“. Federal Governance 9, Nr. 1 (01.12.2012). http://dx.doi.org/10.24908/fg.v9i1.4498.

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The paper confirms that the provisions of fiscal federalism laid out in the IndianConstitution are connected to the legacy of the British rule in India. Applying historicalanalysis the author divides the period from the starting of British imperial administration inIndia to the enactment of Indian Constitution into five different phases on the basis of theevolution of Centre-Province financial relations. The principles of fiscal federalism in Indiagradually evolved from highly centralized fiscal governance during the initial period of theBritish rule until being manifested in the Constitution. Various parliamentary enactments,executive directions, committees and commissions as well as individual interventioncontributed to this transformation. The paper further lays out the unique features of theIndian Constitution such as mutually exclusive tax domains and various mechanismsaddressing fiscal imbalances due to the Government of India Act of 1935 enacted by theBritish Parliament. It concludes that while British authorities designed the system of fiscaladministration in India after their preferences, the makers of the Indian Constitution preferredto retain the same provisions with minor variations in the Constitution of independent India.
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Jain, Avni. „A Legal Approach on India’s National Emergency Provision“. International Journal of Law and Social Sciences, 02.02.2024, 13–16. http://dx.doi.org/10.60143/ijls.v9.i1.2023.79.

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In India, a state of emergency pertains to a period of governance that the President of India can proclaim during a specific crisis. The President has the authority to revoke several articles of the Indian Constitution that protect citizens’ fundamental rights on the advice of the Cabinet. Articles 352 through 360 of Part XVIII of the Indian Constitution comprises emergency provisions. The provisions allow the Centre to deal with any extraordinary event effectively. The rationale behind its incorporation is to safeguard the nation’s sovereignty, unity, integrity, security, democratic, political structure, and constitution. The Central Government will be in absolute power during the emergency, and the States will be under federal control. One of the main features of the Indian Constitution is how the ordinary federal constitution is adapted to emergencies. To the Constitution’s credit, it visualized a situation in which the rigid application of federal principles could destroy the fundamental premises on which it was built. The Indian Constitution is a way of adapting the normal Federal Constitution to emergencies. To the Constitution’s credit, it visualized a situation in which the concrete application of federal rules could destroy the fundamental assumptions upon which it is set. When India declares a state of emergency, the country’s federal system is transformed into a unified one, with all powers with the Central Government.
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Venkatraman, A., und Chandrakant Lahariya*. „Governance Framework and Public–Private Partnership for Universal Health Coverage: Findings from India’s Federal Health Structure“. Journal of Medical Evidence, 28.12.2023. http://dx.doi.org/10.4103/jme.jme_66_23.

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Abstract Background: The role of private health sector in advancing universal health coverage is being recognised globally. A number of public–private partnership (PPP) strategies have been implemented across the states in India. States are primarily responsible for health service delivery in India. Objectives: To summarise various PPP schemes and projects in health sector across the states in India and to understand the ecosystem, i.e. policy, legal and institutional framework that are critical for effectively governing the partnerships. Materials and Methods: The study was carried out in two stages: a comprehensive desk review, followed by field visits for in-depth interviews (IDIs) of key stakeholders in selected states. A total of 52 IDIs were conducted from various levels of stakeholders. Results: Nearly 250 PPP initiatives in health sector across all Indian states were identified and studied. Partnership with the private sector was predominantly in the areas of emergency transport and laboratory diagnosis and in the delivery of selected primary care services. PPPs in health infrastructure (hospitals and medical colleges) and purchasing arrangements are rapidly emerging across most states. However, only few Indian states have health sector-specific PPP policy or legal and/or institutional framework governing PPPs and organisational units implementing partnership schemes. The capacity to conceive, design, implement and manage PPPs in health sector was found either absent or insufficient in most states. Conclusion: There is a need for developing mechanisms for effective and functional partnerships with the PHS for achieving national health policy goals in India. There is a need for well-enunciated policy and governance framework for private sector engagement. Indian union and state governments need to do detailed assessment of the PHS market behaviour; legal, regulatory and oversight mechanisms; building organisational structures with capacities and developing platforms for stakeholder dialogue. Findings from the Indian context could offer useful insights for other low- and middle-income countries aiming to advance towards achieving universal health coverage.
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Zimmerman, Luke. „Erosion and Culture“. Voices in Bioethics 9 (16.06.2023). http://dx.doi.org/10.52214/vib.v9i.11582.

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Photo by Joshua J. Cotten on Unsplash INTRODUCTION On the Louisiana coast, erosion and flooding threaten the survival of the indigenous villages of Pointe-au-Chien and Isle de Jean Charles. Oil companies have submerged the bayou by cutting canals through the land, causing erosion, saltwater intrusion, and sea level rise.[1] Additionally, the fuel these companies produce contributes to climate change, which causes an even greater rise in sea levels. The presence of the oil industry also hurts the shrimp and fish industries, which are critical to indigenous culture. Eventually, climate change will make the Louisiana coast uninhabitable.[2] Displacement has already begun on Isle de Jean Charles: there were 78 homes on the island in 2002 but only 25 in 2012.[3] Some call it migration, which implies an intentional decision. Displacement reflects the reality that these people are relocating as a last resort. Displacement can also be more than just physical. People living in an environment that is “drastically altered and degraded” can experience the same stress and risks as those who are physically relocated.[4] The coastal tribes (Pointe-au-Chien Indian Tribe and Biloxi-Chitimacha-Choctaw Indians) face an uphill battle in the effort to keep community members safe from flooding without sacrificing the culture that is so tied to this land. However, moving to a place free from climate disasters is not necessarily safer for the community if it destroys the culture; therefore, we need to redefine safety. In this paper, I will address the plans currently underway to solve these problems and explain the steps we need to take to keep these communities safe from flooding while preventing cultural loss. I. Current Perspectives There are disagreements among scholars and journalists on how to best approach climate displacement, the forced migration caused by climate change, in Louisiana. Jake Bittle, author of The Great Displacement: Climate Change and the Next American Migration, thinks that displacement is inevitable and that we should not subsidize families living in risky places through affordable flood insurance. Instead, the United States should focus on helping people relocate by making it easier for people in dangerous locations to find and pay for housing in safer places.[5] While the cultural extinction of tribes on the Louisiana coast devastates Bittle, he accepts it. His proposed solutions focus more on protecting people from danger because he thinks cultural extinction will be hard to avoid. He sees a future in which coastal Louisiana is unlivable and such environmental circumstances will force community members to disperse. Others argue that affordable flood insurance near the coast is vital for families who decide to stay put and keep their community together as long as possible. High insurance prices would displace locals regardless of the success of restoration efforts.[6] Many residents agree. They take pride in being adaptable and overcoming challenges. Resilience, the ability to respond to stress and maintain system identity and function, is important to the people living on the Louisiana coast.[7] After Hurricane Katrina, many households have kept only what they need in their home and are ready to rebuild and stay in place after a storm.[8] However, environmental changes are becoming more rapid. Storms and floods will become more frequent and severe until the coast is no longer livable. II. Approaches As solutions attempt to balance safety from floods with holding a culture together, it is crucial that indigenous community members are involved in decision making. When governments use cost-benefit analysis to decide on solutions and where to prioritize protection, they often neglect culture and underestimate the downsides of moving inland.[9] Working with native groups to understand their priorities is important. The United States has a history of forced relocation of indigenous groups. The 1830 Indian Removal Act forced five Native American tribes in the Southeast to move to what is now Oklahoma. Isle de Jean Charles is the result of the Biloxi-Chitimacha-Choctaw Indians escaping that move. Forced removals are a violation of human rights. Indian removal in the 1800s involved death and cruelty, and it was difficult for communities to thrive in a new place after displacement. We need to ensure nothing resembling forced removal occurs again. Migration must happen only if the indigenous communities feel it is best for them. As long as indigenous communities are empowered to choose their path, the government must play a pivotal role in aiding adaptation and relocation. We need a government agency dedicated to the issue of climate displacement.[10] Currently, most funding comes after a specific disaster such as a hurricane. There is less funding to help communities facing more gradual forms of climate change like rising sea levels and coastal erosion. The Stafford Disaster Relief and Emergency Assistance Act should give the Federal Emergency Management Agency (FEMA) a greater ability to deal with “slow, ongoing climate-induced environmental changes.”[11] The legislation requires a presidential disaster declaration for federal funds to be used toward disaster recovery and hazard mitigation efforts.[12] Much more federal assistance is available for immediate threats than for communities suffering from slow changes. Federal support should put as much effort towards assisting relocation as is put towards rebuilding. Government-assisted relocation is not without precedent. Franklin D. Roosevelt created the Resettlement Administration, one of the public programs he enacted during the New Deal in the 1930s, which relocated struggling families to neighborhoods planned by the federal government. Agencies can apply the same principles to help families whose neighborhoods are being lost to rising sea levels. FEMA has started to include the possibility for community relocation in its plans, but the current process has flaws. In August of 2022, the federal government created a Community-Driven Relocation Subcommittee led by FEMA and the U.S. Department of the Interior. The goal of this subcommittee is to connect communities that want to relocate with the resources available to them. The program is voluntary and supports groups that want to move to a safer place or whose habitat has become unlivable. With that said, the government does not always meet the communities’ needs. The Isle de Jean Charles Resettlement Project, for example, chose a new site that “lacked direct access to the water that had sustained the island tribe for generations.”[13] When movement becomes necessary, preventing cultural extinction is difficult. Additionally, some fear that the local government will allow the newly uninhabited land to be used for tourism.[14] The government encouraging a native tribe to move out for the sake of increasing tourism on the coast would show a lack of integrity, but there is no problem if the move is voluntary and the government has no ulterior motives. The government needs to dedicate resources to helping tribal communities, either by helping them find a way to keep living in their current locations and adapt to the changing landscape or by helping them relocate to a new location. The state of Louisiana is expecting Isle de Jean Charles to be gone by 2050, and Pointe-au-Chien will be underwater not long after that.[15] Whatever these communities choose in the short term, they will eventually need to find a new place to live. The sooner they start planning for that transition, the smoother it will be. Continuously rebuilding after storms puts a strain on our public resources. The more people that live in places susceptible to dangerous hurricanes, the less aid will be available to each family. However, the strain on the system is worth it because of the value of keeping a culture together. Displacement is unavoidable in the long term. The end goal for these communities is to keep their culture alive as they transition to a new space, which is tough due to their connection to the land. Certain overarching guidelines for climate relocation will give these tribes a better chance of both upholding culture and staying safe from coastal erosion. The fundamental principle is self-determination, meaning that the community can freely develop their culture and make their own decisions about internal governance. It is important that community members lead the relocation process. When they move, indigenous communities need the “right to safe and sanitary housing, potable water, education, and other basic amenities.”[16] Managing movement in a way that listens to the needs of indigenous groups will help minimize cultural loss, but the connection to the specific place makes migration a threat to the culture. Many people living in native tribes on the Louisiana coast have a strong attachment to their village, so resettlement will hurt the community. The tribes have spent years developing skills and knowledge specifically tied to the place they live, such as tailored fishing and shrimping practices.[17] At some point, displacement will become obligatory, and they will lose some history and culture, but collaboration between the government and communities can lessen the downsides of relocation to safer land. As an alternative to community wide resettlement, the government could also help individual families looking to move to a safer place. For people to move to places less affected by climate change, affordable housing must be available. Tax credits for people starting mortgages in new cities are one way to provide post-disaster aid.[18] More funding for housing vouchers would help people find places to rent in safe locations in Louisiana or other states. Expanding affordable housing in major cities would create an attractive option for people that need to leave the coast. This solution has drawbacks, as a city is a stark difference from a coastal town and could be a culture shock. However, it is still beneficial for coastal residents to have an affordable option if they decide or if environmental conditions force them to move. CONCLUSION The government needs to assist households and indigenous communities with combating climate change in their chosen way. For now, the tribes of Pointe-au-Chien and Isles de Jean Charles should choose if they want to adapt to living on the Louisiana coast or move out. In the long term, displacement is inevitable. The government should support indigenous families in finding an affordable place to live somewhere with a temperate environment, protected from rising seas, and access to fresh water.[19] Any program, whether governmental or led by nonprofits, should help communities relocate in a way that allows them to continue traditional practices and keep their culture alive. Also, making plans to adjust to climate change cannot make us forget about serious efforts to reduce emissions and find ways to sequester carbon from the atmosphere to reverse climate change. In sum, coastal erosion and cultural loss in Louisiana is a “wicked problem,” a problem that is complex and has unclear solutions.[20] Families that stay on the coast are vulnerable to floods and destruction, but relocating without losing culture is a nearly insurmountable task. The best way forward is to let the indigenous communities be the guiding voice. - [1] Patty Ferguson-Bohnee, “The Impacts of Coastal Erosion on Tribal Cultural Heritage,” Forum Journal 29, no. 4 (Summer 2015): 60, muse.jhu.edu/article/587542. [2] Anya Groner, “When the Place You Live Becomes Unlivable,” The Atlantic, October 13, 2021, https://www.theatlantic.com/culture/archive/2021/10/when-place-you-live-becomes-unlivable/620374/. [3] Julie Koppel Maldonado et al., “The Impact of Climate Change on Tribal Communities in the US: Displacement, Relocation, and Human Rights,” in Climate Change and Indigenous Peoples in the United States, ed. Julie Koppel Maldonado, Benedict Colombi, and Rajul Pandya (Switzerland: Springer International Publishing, 2014), 98. [4] Julie Koppel Maldonado, “A Multiple Knowledge Approach for Adaptation to Environmental Change: Lessons Learned from Coastal Louisiana's Tribal Communities,” Journal of Political Ecology 21, no. 1 (2014): 70, https://doi.org/10.2458/v21i1.21125. [5] Jake Bittle, The Great Displacement: Climate Change and the Next American Migration (New York: Simon & Schuster, 2023), 282. [6] Kevin Fox Gotham, “Coastal Restoration as Contested Terrain: Climate Change and the Political Economy of Risk Reduction in Louisiana,” Sociological Forum 31, no. S1 (September 2016): 800, https://doi.org/10.1111/socf.1227. [7] Fikret Berkes, “Environmental Governance for the Anthropocene? Social-Ecological Systems, Resilience, and Collaborative Learning,” Sustainability 9, no.7 (2017): 5, https://doi.org/10.3390/su9071232. [8] Jessica R.Z. Simms, “‘Why Would I Live Anyplace Else?’: Resilience, Sense of Place, and Possibilities of Migration in Coastal Louisiana,” Journal of Coastal Research 33, no. 2 (March 2017): 413, http://www.jstor.org/stable/44161446. [9] Maldonado, “Multiple Knowledge Approach,” 73. [10] Maldonado et al., “Displacement, Relocation, and Human Rights,” 100. [11] Maldonado et al., “Displacement, Relocation, and Human Rights,” 101. [12] Robin Bronen, “Climate-induced Community Relocations: Creating an Adaptive Governance Framework Based in Human Rights Doctrine,” N.Y.U. Review of Law and Social Change 35 (2011): 366. [13] Bittle, Great Displacement, 133. [14] Bittle, Great Displacement, 133. [15] Maldonado et al., “Displacement, Relocation, and Human Rights,” 98. [16] Maldonado et al., “Displacement, Relocation, and Human Rights,” 103. [17] Simms, “‘Why Would I Live Anyplace Else?’” 413. [18] Bittle, Great Displacement, 280. [19] Bittle, Great Displacement, 274. [20] Horst W. J. Rittel et al., “Dilemmas in a General Theory of Planning,” Policy Sciences 4 (1973): 155-169, https://doi.org/10.1007/BF01405730.
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Blackwater, Darrah, Ilia Murtazashvili und Martin B. H. Weiss. „Spectrum Sovereignty on Tribal Lands: Assessing the Digital Reservations Act“. Journal of Information Policy, 24.10.2023. http://dx.doi.org/10.5325/jinfopoli.13.2023.0008.

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ABSTRACT The current system for managing spectrum in the United States gives the federal government essentially all authority over electromagnetic spectrum management and governance on tribal lands. The Deploying the Internet by Guaranteeing Indian Tribes Autonomy over Licensing (DIGITAL) Reservations Act envisions a system of spectrum governance that affirms tribal self-determination in managing and licensing the natural resource called spectrum. Though the DIGITAL Reservations Act has yet to be passed into law, it outlines a set of principles that are essential to guide equitable policymaking related to Indigenous nations. We analyze the Act and discuss the opportunities and challenges offered by this framework.
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lobo, Alisha Edile, und Sonia Delrose Noronha. „E-Governance in India: A Qualitative Analysis using the ABCD Framework and its Impact on Goodwill from Social Capital“. International Journal of Case Studies in Business, IT, and Education, 31.12.2022, 771–86. http://dx.doi.org/10.47992/ijcsbe.2581.6942.0232.

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Purpose: Electronic governance is the use of ICT applications to offer citizens, businesses, employees, other government agencies with government services that are simple, efficient, and transparent. This research paper aims to identify different types of government interaction in e-governance services, explore different e-governance models, their applications & impact on goodwill from social capital through e-governance. Design/Methodology/Approach: This case study is developed on qualitative data collected from published sources. Information obtained from newspapers, journal articles, corporate & government websites, is used to provide in-depth analyses. Findings: According to the study, the National e-Governance Plan (NeGP) of India intends to make government services more available to the general public. It also strives for efficiency, transparency, dependability, and effective service delivery at a reasonable cost. The plan is being put into action at the local, state, and federal levels. Originality: This study emphasizes India’s E-governance through qualitative analysis using the ABCD framework based on different stakeholders’ points of view, i.e., government, citizens, businesses, and employees. Paper Type: Case Study.
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Ramayanam, Shravan. „Creation of First Nations Health Profiles Through Data Linkage in Manitoba“. International Journal of Population Data Science 5, Nr. 5 (07.12.2020). http://dx.doi.org/10.23889/ijpds.v5i5.1420.

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BackgroundFirst Nation peoples (FNs) were not able to identify themselves within administrative datasets due to lack of FNs identifiers, which perpetuates a pan-indigenous approach in advocacy and evaluation capabilities. Linking databases improves the quality and accuracy of FNs health data and offsets the burden of survey fatigue in communities. Creating community profiles helps FNs in identifying health status priorities for communities, Tribal Council and other geographically defined areas. MethodsA resolution was passed in September 2017 to link Indian Status Registry (ISR) file with Manitoba Health Registry, with First Nations Health and Social Secretariat of Manitoba (FNHSSM) and Health Information Research Governance Committee (HIRGC) oversight to create a Key Linked file which has First Nations specific information. Encrypted Personal Health Information Numbers (PHINs) were added to the Key Linked file to create a Manitoba First Nations Research file which is linkable to other databases. Information Sharing Agreements (ISA) have been developed with federal and provincial governments to mandate the processes for data linkage. ResultsA resolution was passed in September 2017 to link Indian Status Registry (ISR) file with Manitoba Health Registry, with First Nations Health and Social Secretariat of Manitoba (FNHSSM) and Health Information Research Governance Committee (HIRGC) oversight to create a Key Linked file which has First Nations specific information. Encrypted Personal Health Information Numbers (PHINs) were added to the Key Linked file to create a Manitoba First Nations Research file which is linkable to other databases. Information Sharing Agreements (ISA) have been developed with federal and provincial governments to mandate the processes for data linkage. ConclusionData Linkage is a key process to assert self-determination, strengthen FNs data governance and achieve Data Sovereignty. Linking databases creates opportunities for FNs to access accurate data that will assist their Nations to lead their own health research and program evaluation that are driven by their own needs and priorities.
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Schultz, Sue, Carmen Jones und Jennifer Walker. „How integration of the federal Indian Register has enhanced First Nations-specific analysis of ICES data“. International Journal of Population Data Science 3, Nr. 4 (06.09.2018). http://dx.doi.org/10.23889/ijpds.v3i4.924.

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IntroductionIn Ontario, First Nations are increasingly seeking population-level data about the health of their citizens. However, First Nations people are not readily identified in standard health administrative data and indirect strategies, such as the use of on-reserve addresses, are limited in scope and validity. Objectives and ApproachThe Chiefs of Ontario entered into a Data Governance Agreement with the Institute for Clinical Evaluative Sciences (ICES) that enabled the linkage of the federal Indian Register (IR) to data at ICES. This study examined the impact of the IR linkage on First Nations population estimates and location of residence, measured by postal code or residence code. Overall, and for each First Nation community in Ontario, we compared First Nations population estimates from the ICES data with and without the IR linkage to estimates available from Indigenous and Northern Affairs Canada (INAC). ResultsWithout the IR, using only Ontario residence codes or postal codes that were unique to a given community, 62,242 individuals were identified as living in First Nations communities. This is approximately 30% lower than the current INAC on-reserve population estimate of 92,234 for First Nations communities in Ontario. Adding the IR allowed the use of non-unique postal codes as well, resulting in the identification of an additional 15,183 First Nations individuals. It also allowed the identification of over 113,000 First Nations individuals who live outside of First Nations communities, especially in urban areas. Finally, the combination of residence information and the IR permits communities to identify their registered member living within and outside their communities. Conclusion/ImplicationsUsing the IR in combination with geographic residence information, made possible through the Data Governance Agreement signed between Chiefs of Ontario and ICES, will provide First Nations communities with more accurate and complete population estimates, which is key to the production of useful and relevant First Nations-specific health research.
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-, Vipin Kumari. „Present Challenges in Indian Politics: An Overview“. International Journal For Multidisciplinary Research 6, Nr. 2 (23.03.2024). http://dx.doi.org/10.36948/ijfmr.2024.v06i02.15201.

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Indian politics faces a myriad of challenges in the contemporary era, which significantly impact the world's largest democracy. This overview highlights key issues that challenge the political landscape of India. Corruption remains a persistent issue, eroding public trust and hindering development. Political polarization is on the rise, fueled by religious and ideological differences, endangering social harmony. Economic inequality persists, with a vast wealth gap affecting millions. Regionalism continues to strain federal relations, posing threats to national unity. Inadequate governance and bureaucratic inefficiencies hinder progress, while populism often takes precedence over pragmatic policymaking. Electoral reforms are needed to address issues like money power and criminalization in politics. These challenges, while daunting, also present opportunities for India to strengthen its democratic institutions, foster inclusivity, and embark on a path of sustainable development. Solving these challenges will be pivotal in ensuring a brighter future for Indian politics and the nation as a whole.
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Taylor-Neu, Robyn, Tracy Friedel, Alison Taylor und Tibetha Kemble. „(De)Constructing The “Lazy Indian”: An Historical Analysis of Welfare Reform in Canada“. aboriginal policy studies 7, Nr. 2 (31.01.2019). http://dx.doi.org/10.5663/aps.v7i2.29340.

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Since their official inception in the mid 1800s, Indigenous-aimed welfare policies in Canada have presupposed and entailed a racialized subject: the “lazy Indian.” This paper highlights continuities in how Indigenous subjects have been constructed in welfare policy discourse from 1867 to the present. Building from this historical overview, we analyze how today’s neoliberally inflected federal welfare regime at once recodes and reinscribes preexisting ethical narratives of “productive” and “unproductive” citizens, effectively casting Indigenous peoples as non-workers and thus “undeserving” of welfare relief. As our analysis indicates, further reform of welfare policies for Canada’s First Nations must first puncture the persistent myth of the “lazy Indian” in order to attend to the lasting legacy of colonial governance, contemporary barriers to self-sufficiency, and ongoing struggles for politico-economic sovereignty.
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Sharma, Mool Raj. „One-party Dominance of BJP: Emerging Dynamics of Conflict and Co-operation in Indian Federalism“. Indian Journal of Public Administration, 21.06.2023. http://dx.doi.org/10.1177/00195561231177024.

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Federalism in India is a unique framework of governance that aims to meet the necessities of a heterogeneous and variegated society. In the Indian design, the destiny of States rests with the Union government, which can alter, dissolve or redefine issues with consultation, but without their consent. The rationale for adopting such an arrangement was to discourage centrifugal forces that had led to communal carnage and the partition of the Indian sub-continent at the time of Independence in 1947. Post-Independence, multiple constitutional, political and societal factors shaped the nature and course of Indian federalism as it evolved from one-party dominance of the Congress party to a phase of multiparty coalitions led by a national and/or regional parties in the 1990s and thereafter under a bi-nodal coalitional system. Subsequently, since 2014 the advent of BJP as a dominant party has strengthened federal centralisation that has unleashed several challenges that have a number of ramifications for federalism. Therefore, this paper examines the working of Indian federalism with a focus on contemporary trends of centralisation, conflict and co-operation.
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Gautam, Mukesh. „COOPERATIVE FEDERALISM IN INDIA: STRENGTHENING UNITY THROUGH COLLABORATION“. GLOBAL JOURNAL FOR RESEARCH ANALYSIS, 15.08.2023, 56–58. http://dx.doi.org/10.36106/gjra/1704491.

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This article delves into the concept of cooperative federalism in India, tracing its evolution, analyzing its benets, and exploring notable achievements and initiatives resulting from this approach. India's federal structure provides the backdrop for cooperative federalism, emphasizing collaboration between the central government and state governments in policy formulation and implementation. The historical context highlights constitutional provisions fostering shared decision-making and resource allocation. Benets encompass effective governance, intergovernmental coordination, and streamlined resource sharing leading to improved development outcomes. Key achievements include GST implementation, simplifying taxation, and successful centrally sponsored schemes in education, health, agriculture, and infrastructure. Sustaining this approach becomes crucial to address emerging challenges and achieving inclusive and sustainable development for all citizens.
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„Coherence in Cross-Sectoral Policies is Imperative for Sustainable Management of Ecosystems“. International Journal of Innovative Technology and Exploring Engineering 9, Nr. 4S (10.03.2020): 33–41. http://dx.doi.org/10.35940/ijitee.d1005.094s20.

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Sustainable management of ecosystems is a priority concern for biodiversity conservation and climate change resilience. India has enacted various policies and statutes governing natural resources that form an integral part of ecosystem governance. The federal structure of India's governance confers the power on vertical (three layers of government) and horizontal (various ministries, departments of government) sectors, to legislate on a variety of environmental issues. Under the Constitution of India, subjects related to the protection of the environment, conservation of biological diversity are governed by the Union List; while subjects of water and land are governed by the State List. Subjects concerning forest and wildlife are governed by the Concurrent List of Schedule VII. Implementation of statutes, governing different environmental subjects, is done by various ministries and departments including local self-governments established by 73rd and 74th Constitutional Amendment Act, 1976. Activities defined in the policies are implemented through schemes, plans, programmes or projects. As the ecosystem management is a major sector of biodiversity management, the schemes are divided into core and congruent sectors and related sectoral plans. Nexus approach is used to understand the importance of interlinks in the resource governance of India. This research work is ascertaining that conventional fragmented and isolated approach for governance of natural resources is detrimental to the sustainable management of ecosystems. On the background of climate change and increasing international cooperation for sustainable development, attaining coherence in the cross-sectoral policies governing ecosystem management is imperative.
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Dolla, Tharun, und Boeing Laishram. „Strategies to promote collaborative governance regime in Indian rural road maintenance“. Built Environment Project and Asset Management ahead-of-print, ahead-of-print (24.08.2021). http://dx.doi.org/10.1108/bepam-01-2021-0024.

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PurposeEffective maintenance of rural roads is an essential aspect of public infrastructure delivery. However, governments failed to upkeep the built infrastructure. Accordingly, this study addresses this pressing issue by identifying attributes, skills and resources for asset maintenance. To do this, collaborative governance, a recent plausible alternative in the public policy literature, is used.Design/methodology/approachThe literature review proffered 29 strategies for operationalising collaborative governance principles. A questionnaire survey with the public sector representatives comprising top-level, mid-level and lower-level engineers was used to test the applicability of these strategies in rural infrastructure maintenance of India. The rated responses concerning strategies were subjected to exploratory factor analysis to determine the underlying structure for reducing the dimensions to make them practically operational.FindingsThe exploratory factor analysis showed that six dimensions play an essential role in initiating and promoting collaboration. This parsimonious framework suggests building a common collaborative framework, communicating vision and fostering communities, leadership, increasing the industry's capacity, transparency of power and responsibilities, and technical and financial resources. Thus, governments’ initiatives to build collaboration is most prominent in initiating and sustaining a successful collaboration.Practical implicationsThe practical strategies reinforced through this study can formalise self-initiated regimes or independently convened regimes to a federally directed regime well within the scope of the national programmes. Thus, findings primarily have considerable implications to emerging countries where reducing the unit costs to save the public exchequer from wastage and preventing assets from becoming dilapidate are essential.Originality/valuePublic sector practitioners often lack the essential skills and innovative thinking and thus offered new knowledge would transform the traditional practices in infrastructure maintenance. Theoretically, the present research advances the understanding of structures and processes for collaborative governance theory to non-contractual infrastructure asset management literature.
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Jacobson, Meredith A., Reem Hajjar, Emily Jane Davis und Serra Hoagland. „Learning from Tribal Leadership and the Anchor Forest Concept for Implementing Cross-Boundary Forest Management“. Journal of Forestry, 24.05.2021. http://dx.doi.org/10.1093/jofore/fvab031.

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Abstract In response to the increasing scale of wildfire and forest health challenges in the West, the Intertribal Timber Council, a nonprofit consortium of American Indian Tribes and Alaska Native corporations, proposed creating “Anchor Forests,” where a Tribe would convene neighboring landowners to collectively manage the landscape across property boundaries. This concept has sparked conversation but has not been fully implemented. Amid shifts toward both collaborative decision making and Tribal partnerships on federal forestlands, we asked, “why did the Anchor Forest concept emerge, and what can the field of forest governance learn from its development?” Through qualitative analysis of documents and interviews, we show how Anchor Forests could expand spatial-temporal scales of forest management. We highlight how Tribal leadership could overcome past governance barriers through their sovereign authority and long-term forestry expertise and knowledge. We describe how this concept could function as a tool to enact change within rigid forest-management institutions. Study Implications Scholars and practitioners can learn from Anchor Forests as an example of a cross-boundary forest-governance framework that emphasizes long-term investment and relationships to land as exemplified by Tribal forest management. The Anchor Forest concept also provides a structure in which Tribes are leaders and conveners rather than stakeholders or participants. To achieve broad goals of landscape resilience and forest health, governance structures must be deliberately designed to mobilize Tribal knowledge and stewardship practices through uplifting, rather than undermining, Tribal sovereignty. The Anchor Forest concept offers key considerations to serve as a starting place for partnerships to emerge in their own contexts.
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Rose, Samuel W. „A New Way Forward: Native Nations, Nonprofitization, Community Land Trusts, and the Indigenous Shadow State“. Nonprofit Policy Forum 2, Nr. 2 (21.01.2011). http://dx.doi.org/10.2202/2154-3348.1023.

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Indigenous sovereignty has been both expanded and restricted in the current self-determination era of federal Indian policy in the United States. This has allowed both the expansion and strengthening of indigenous governments, as well as the continued successful efforts to restrict and regulate these sovereign indigenous nations. The existing models of governance, development, and planning fail to adequately account for these challenges to the fundamental legitimacy of indigenous governments. I propose the model of the ‘indigenous shadow state’ based around community land trusts and other indigenously-controlled nonprofit organizations, as a complementary model, to compensate for these challenges as a means of ensuring the long term viability of indigenous social and political institutions. I discuss how a community land trust can be utilized to perform the role of a government and serve the long term needs of its citizens in the areas of housing, economic development, and land reclamation. I also briefly discuss how this model can be applied in the urban context.
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Sidorsky, Kaitlin N., und Wendy J. Schiller. „Obstacles to Federal Policy Adoption: The Case of Special Domestic Violence Criminal Jurisdictions in Native American Tribal Nations“. Perspectives on Politics, 18.07.2023, 1–19. http://dx.doi.org/10.1017/s1537592723001640.

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A core tenet of representation is that individuals should expect government to actively protect their human security. In the issue area of domestic violence in the United States, government largely fails to do this for women, who comprise three-quarters of all victims of domestic violence. Nowhere is this more apparent than for Native American women living on tribal lands. In terms of lifetime physical violence, nearly 52% of Native American women will be physically abused compared to 30.5% of white women, 41.2% of African American women, and 29.7% of Hispanic women (Crepelle 2020; Institute for Women’s Policy Research 2023). One of the main obstacles to keeping Native American women safer is that tribal nations have been functionally prohibited from prosecuting non-Native offenders of violence against Native Americans on their lands. Non-Native offenders comprise the bulk of domestic violence abusers in these communities. To address this inequity, the 2013 Violence Against Women Act (VAWA) created Special Domestic Violence Criminal Jurisdictions (SDVCJs). Through an application process, federally recognized tribal nations can create these jurisdictions to provide justice for the many women who are victims of domestic violence at the hands of non-Native persons. In this article we explore which tribal nations created these jurisdictions using an original dataset of the 354 tribal nations that were eligible to adopt an SDVCJ following the 2013 VAWA reauthorization. As of 2022, 31 tribal nations have adopted SDVCJs across 13 states, which have led to 74 domestic violence convictions. In this article, we explain adoption of these courts as a function of population, tribal nation fiscal capacity, federal grant support, and having an existing self-governance compact with the Bureau of Indian Affairs.
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Wundavalli, L., und N. Topno. „India’s national health insurance scheme: Analysis using the Growth Diagnostics Framework“. European Journal of Public Health 30, Supplement_5 (01.09.2020). http://dx.doi.org/10.1093/eurpub/ckaa165.393.

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Abstract The world's largest health assurance scheme, Ayushman Bharat-Pradhan Mantri Jan Suraksha Yojana (AB-PMJAY) was launched in India in 2018 to achieve universal health coverage aspired in the National Health Policy 2017. Our objective was to critically analyse AB-PMJAY through the lens of Growth Diagnostics Framework developed by Hausmann, Rodnik et al using secondary data. The framework analysed the scheme on five aspects: physical investment, knowledge/application/productivity, productive livelihood, skill set and cooperative federalism in terms of demand and supply side problems. The analysis was conducted for six months. The results highlighted issues relating to supply side such as availability of beds, equipment, manpower, information systems, deficient rural public health facilities, health insurance governance, scaling technological capabilities, improving procurement of drugs, equipment, technical training of staff in IT; highly skewered ratio of public and private sector hospital beds and manpower. Demand side issues include high demand of services, requirement of research and development related to premium rates, maturity of the scheme, pay outs, increased demand of specialists/technicians/health administrators in government sector and willingness of federal states to enroll in the scheme. Our recommendations highlight the importance of gaining the trust and confidence of citizens in public sector, reducing asymmetric information, mandating a formulary policy in hospitals, measures to prevent private hospitals from indulging in cream skimming and dumping patients, increasing package amounts for chronic conditions like dialysis, more health technology assessments, strengthening referral levels of care, focusing on outcome based standards for facilities, creating demand for preventive and promotive care using innovative ICT tools and coordination with different systems of medicine, addressing social determinants of health through inter-sectoral convergence. Key messages Growth Diagnostics Framework is a novel way to study a national health insurance scheme. India's national health insurance scheme is dynamic and aspirational that requires multi sectoral co-ordination.
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Ramayanam, Venkata Shravan, und Leona Star. „Linking First Nations data to administrative health data within Manitoba“. International Journal of Population Data Science 3, Nr. 4 (10.09.2018). http://dx.doi.org/10.23889/ijpds.v3i4.983.

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IntroductionFirst Nation peoples (FNs) were unable to track their own health care trends due to limitations in datasets. The key linked file enables FNs to identify themselves within administrative datasets and work with Crown governments to bring equity in all services and departments to support FNs understanding of wellness. Objectives and ApproachFirst Nations Health and Social Secretariat of Manitoba (FNHSSM) was established by 2013 resolution of Assembly of Manitoba Chiefs (AMC) and incorporated in 2014. FNHSSM leads and supports research according to FNs criteria approved by the Chiefs in Assembly. Information Sharing Agreements (ISA) have been developed with federal and provincial governments to mandate the processes for data linkage. The ISA allows Indian Status Register (ISR) data of Department of Indigenous Services Canada (DISC) to be transferred to FNHSSM to provide oversight, and link to Provincial Personal Health Information Numbers (PHINs) to create the de-identified, scrambled, and encrypted Key Linked file. ResultsPrevious linkages were done in early 2000s with FNs approval and oversight. The 2018 linkage is the first time that ISAs have been formally developed. ISA-1 is between FNHSSM and Manitoba Health Seniors and Active Living (MHSAL) to create Key Linked file. ISA-2 is between FNHSSM, MHSAL and Manitoba Centre for Health Policy (MCHP) at University of Manitoba, to create the FNs Research File. This research file can only be accessed with application to and approval by the MFNs Health Information Research Governance Committee. This key linked file allows FNHSSM to prepare community health profiles specifically and only for each FN, to respect FNs Data Governance under Chief and Council. A regional report on Manitoba FNs will be created for all MFNs, FNHSSM and MHSAL. Conclusion/ImplicationsLinking datasets helps to strengthen FNs data governance in re-building nations, recognizing FNs inherent right to self-determination. Linking files help to provide meaningful data to advocate for FNs rights and access to the resources and social determinants of health needed to achieve equity in Manitoba.
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