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Haaland v. Brackeen and Mancari: On History, Taking Children, and the Right-Wing Assault on Indigenous Sovereignty
No full textIn June 2023, the Supreme Court upheld the constitutionality of the Indian Child Welfare Act (ICWA) of 1978 in Haaland v. Brackeen, making it harder for (some) Indigenous families and communities to lose their children. The decision left one key question unanswered, however: whether protections specifically for American Indian households served as an illegitimate “racial” preference. Justice Amy Coney Barrett’s opinion for the majority argued that the petitioners lacked standing to raise this issue. Thus, the Court left the door open to continuing challenges by those who have an interest in using ICWA’s cute children and clean-cut evangelical Christian parents to try to put an end to this and all related statutes that give so-called “preferential treatment” to American Indians—including in gaming compacts, employment, federal treaties, and essentially all of Indian law.
This Essay argues for the importance of history broadly and critical adoption studies in particular in understanding the stakes in ICWA. Part I shows that recent scholarship in critical adoption studies elucidates the ways the two sides in these cases narrate adoption as either a sweet and generous act or as belonging to a history of taking Indigenous (and other racially minoritized) children. These are common narrative strategies, but the focus on adoption as charity is misleading. Part II locates Brackeen in relation to the rising power of the political right, noting that the right has overlapping interests in first, overturning Morton v. Mancari, which found that tribal nations are political entities, not racial groups, and hence their members can be accorded different status than the citizens of states, and second, in challenging dominant theories of race and reproduction that constitute a view of the United States as a multiracial democracy. Part III argues that the efforts to tell a neutral story about the history of ICWA—that it was a response to high rates of child separation—obscures the activism by Indigenous peoples that resulted in the passage of the Act, and hence the stakes of the debate itself
Nondelegation and Native Nations
No full textThere is no nondelegation doctrine for Native nations, nor should there be one even if the Supreme Court revives the nondelegation doctrine for federal agencies and private parties. The Court has never struck down a statute on the ground that it delegated legislative power to a Native nation. Instead, it has held that Congress may recognize the sovereignty of Native nations and that their independent authority sustains statutes that rely upon Native governments to implement policy goals that they share with the United States. The Court’s deferential approach is consistent with the rational-basis standard of review that applies to Indian affairs statutes. The jural argument against a nondelegation doctrine is that the sovereignty of Native nations distinguishes them from federal agencies and private parties. The functional argument against a nondelegation doctrine is twofold. First, the functionalist justifications for restricting Congress’s authority to rely upon Native nations to implement shared goals are unconvincing on their own terms. Second, a robust nondelegation doctrine would undermine Congress’s capacity to fulfill the federal government’s obligations to support tribal self-government. This is the answer to the most trenchant critique of the Court’s jurisprudence concerning delegation and Native nations
I Wrote This Instead of Being Productive
No full textI Wrote This Instead of Being Productive is a poetry chapbook focused on the mythos of productivity in our modern era, from the perspective of a college student. What does productivity mean at the end of an empire? In recent years, culture has become obsessed with new forms of productivity and time management. We optimize our schedules, compete against each other, and attempt to dissociate from the harsher realities of our lives. An omnipresent internet culture motivates us to generate more value from our time, even if it feels hollow. ‘Scientific’ explanations point towards dopamine deficits and cultural narratives emphasize the tenets of rugged individualism. These explanations —along with a plethora of other social narratives— persuade people not to get mad at broader structural issues, but instead push themselves to beat out everyone else.
This chapbook hopes to deconstruct those narratives by giving attention to the moments of our everyday lives. It explores themes of resistance, observation, collectivism, disciplinary power, sustainability, and more through the settings of a college student\u27s life. This collection of poems demonstrates the cyclical philosophical and emotional struggles that emerge from living on the threshold between academic and personal satisfaction
“I Have to Convince People I Am Worth Accommodating”: A Narrative Inquiry of A Blind Student in Undergraduate Music Education
No full textThis narrative inquiry aimed to re-story the experiences of Paulina, a blind music education major, as she navigated her degree program at a large university. While scholars have begun to document the experiences of students who are blind or visually impaired in both PK-12 settings and during student teaching, no known study has explored the experience of a blind preservice student during their music education coursework. Utilizing critical disability studies as a lens, this narrative inquiry utilized the three commonplaces of temporality, sociality, and place to highlight Paulina’s experience. Data included interviews, memos from all three researchers, emails and texts, conversations at a research conference, and informal conversations. Paulina’s story centered around three themes: sight is mandatory here; the hope, promise, and failure of support; and the emotional toll and physical consequences. Implications from this study may inform preservice preparation programs as well as offer insights regarding combating ableism in any musical space
Modern Band Music Teachers\u27 Adoption of a Community Music Ethos in Online Teaching During the COVID-19 Pandemic
No full textAt intersections of popular music education, music technology, and community music practices, music teachers in the United States adapted to teaching and learning during the COVID-19 pandemic, specifically from March 2020 to March 2021. The purpose of this research was to better understand the perspectives of modern band teachers regarding the opportunities and challenges of teaching music during the pandemic. The researchers interviewed four teachers who taught modern band (popular music) in public schools in geographically and demographically distinct parts of the US and found that each educator adopted a community music ethos in the online environment. An analysis of emerging themes from the interviews indicates that modern band teachers incorporate a community music ethos through facilitating communal music-making, actively intervening to curate experiences for learners, utilizing music technology, and engaging music of existing communities. The authors acknowledge numerous challenges arising from remote learning, while recognizing opportunities that arose for meaningful alternative approaches to school music education. Further research is needed to understand what practices, understandings or approaches from pandemic teaching might apply to in-person teaching
Dalcroze Eurhythmics: Origin, Development, and Considerations for the Choral Program
No full textThis literature review describes the origin and development of Dalcroze Eurhythmics and the implications of utilizing this approach in the choral rehearsal. This information aims to equip choral directors with knowledge about how Eurhythmics can benefit their pedagogical practices and students’ experiences in choir. Émile Jaques-Dalcroze developed Eurhythmics in the late 19th century to facilitate profound musical learning experiences through mind and body integration. Current literature supports that the three Eurhythmics branches (rhythmics, solfège, and improvisation) can be applied to the choral setting and can impact student engagement, enjoyment, and musical achievement in the choral rehearsal (Butke & Frego, 2021; Daley, 2013). I investigated articles and books published since 1915 to establish a chronology of the origin and pedagogical uses of Eurhythmics in the choral environment. Additionally, I conducted a comparative critical review of seven empirical studies to determine the implications of using Eurhythmics in the choral setting. This critical review provides evidence that Eurhythmicsinspired activities can benefit all stages of the choral rehearsal, including musical and non-musical processes. It is also evident that choral conductors can also apply Eurhythmics to improve their curriculum/rehearsal planning, score study, and gesture.
I investigated articles and books published since 1915 to establish a chronology of the origin and pedagogical uses of Eurhythmics in the choral environment. Additionally, I conducted a comparative critical review of seven empirical studies to determine the implications of using Eurhythmics in the choral setting. These studies suggested that Eurhythmics can provide a variety of musical and non-musical learning outcomes in the choral setting. The common musical benefits between the studies were enhanced kinesthetic skills, musical expressiveness, musical understanding, aural skills, music literacy, vocal skills, intonation, creativity, and rhythmic skills. Additionally, the non-musical benefits provided to the participants across the seven studies were enjoyment, self-confidence, risk-taking, social cohesion, engagement, emotional connection, cognition, and an enhanced learning environment. This critical review provides evidence that Eurhythmics-inspired activities can benefit all stages of the choral rehearsal process. In addition to providing musical and non-musical learning outcomes for choristers, conductors can also apply Eurhythmics to improve their curriculum/rehearsal planning, score study, and gesture
Using Design Thinking to Create Human-Centered Assessments
No full textTypical assessment design activities primarily involve academic and psychometric experts and usually do not involve end users until the assessment is mostly complete. In contrast, design thinking is an approach that focuses heavily on the user experience as a source of input when generating creative solutions to problems. One tool that can support design thinking is the Innovator’s Compass (Ben-Ur, 2016). Design thinking using the compass leads to assessment tasks that are more innovative, motivating, and enjoyable for test takers. The paper includes concrete examples using the Innovator’s Compass to develop classroom assessments and provides implications for other testing applications
Introduction to 16(3) 2024 and Special ISsue: The Effect of the Russia-Ukraine Conflict on International Mobility and Internationalization in Post-Soviet Eurasia and Beyond
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