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The Agua Caliente Band of Cahuilla Indians Reservation was established in 1876, the same year as the transcontinental Southern Pacific Railroad completed a station in Palm Springs. These overlapping events would both enable and problematize the settler colonization of the Agua Caliente’s land, creating a checkerboard pattern of “fragmented jurisdiction” that was fundamental for its transformation into one of the wealthiest resorts in the United States. The territorial conflict between the Tribe and the U.S. would only begin to be legally resolved in 1977, when the Agua Caliente won the right to zone and plan their own lands. This dissertation examines how architecture, urbanism, and infrastructure mediated the technical, legal, and ideological struggles that took place in this period; sometimes enabling Imperial dispossession, other times structuring Tribal assimilation and decolonization. The dissertation historicizes and theorizes these processes by examining the modern architecture and urbanism of Palm Springs as a specific settler-colonial, “post-industrial” mode of development which was made possible by the particular territorial configuration that emerged out of nineteenth century Imperialism. It posits a correlation between settler colonialism and the settler imaginaries and material processes of technological progress, capitalist accumulation, natural resource extraction, and cultures of leisure that were uniquely developed in Palm Springs through modern architecture. Critically dismantling the connections between modern architecture, “post-industrial society,” and settler colonialism, this dissertation argues, is a necessary condition for the development of decolonial epistemologies and strategies of anti-colonial, anti-capitalist resistance.

This paper discusses the legal principles which are relevant in determining the appropriate level of compensation for infringements to aboriginal and treaty rights. This issue has been left open by the Supreme Court of Canada in the seminal case of Delgamuukw. The nature of aboriginal and treaty rights as well as the fiduciary relationship and duties of the Crown are briefly described. The basic constitutional context in which these rights evolve is also discussed, including the federal common law of aboriginal rights and the constitutional position of these rights in Canada. Having set the general context, the paper then reviews the legal principles governing the infringement of aboriginal and treaty rights, including the requirement for just compensation. Reviews of the legal principles applicable to compensation in cases of expropriation and of the experience in the United States in regards to compensation in cases of the taking of aboriginal lands are also carried out. Six basic legal principles relevant for determining appropriate compensation in cases of infringement to aboriginal and treaty rights are then suggested, justified and explained. (Abstract shortened by UMI.)

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The thesis is a study of a Guaraní community (comunidad) situated in the Department of Santa Cruz in the southeastern lowlands of Bolivia. The thesis uses the concept of ‘comunidad’ as a focus of investigation. While this concept is one that is familiar and firmly embedded in contemporary discourses throughout Bolivia, the meanings which different people and interest groups attach to it and the purposes which they ascribe to it are far from unanimous. Apart from the physical and legal entity, comprising a group of people, the land on which they live, and the legal title for its ownership, a comunidad is a multifaceted and multilayered complex of diverging and sometimes competing ideas, desires and agendas. Questioning the concept of ‘comunidad’ in this way opens up new perspectives on what people are doing and why that could easily be overlooked in continuing to assume that we know what we are talking about when talking about a ‘comunidad indígena’ in Bolivia today. The thesis explores the case of Cañón de Segura by eliciting and bringing together the various claims and perspectives that impact on the lives of its inhabitants (comunarios). Starting with a historical overview to situate the comunidad within Bolivian and Guaraní history, the thesis moves into an ethnographic discussion of the comunarios’ own perceptions and meanings of ‘comunidad’, followed by an exploration of various outsiders’ perspectives on the same topic that impact on the comunarios’ lives in different ways. The aim of the thesis is to illustrate the overlap and entanglements between these different positions in order to show how the different perspectives on the meaning and purpose of a Guaraní ‘comunidad’ all contribute to shape the actual realities of people’s lives ‘on the ground’.