Culture or Contract: Off-Reservation Indigenous Commercial Logging in Wisconsin and the Maritimes
Bibliographic record
Abstract
This article compares American and Canadian case law on Indigenous claims to treaty protected logging. It argues that the recent 2005 R. v. Marshall decision, like the earlier American decision in Lac Courte Oreilles Band of Lake Superior Chippewa Indians v. Voigt, applies an assumption that tribal treaty negotiators were uninterested in reserving any treaty rights other than those denominated "traditional" by the court. It examines this assumption through a discussion of the logical evolution of treaty protected rights and the moderate-living doctrines. For the most part the imposition of the assumption precludes Indigenous commercial exploitation under treaty jurisprudence while undermining other judicial interpretive methodologies that are more protective of tribal interests.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.002 | 0.004 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.001 | 0.002 |
| Science and technology studies | 0.018 | 0.013 |
| Scholarly communication | 0.007 | 0.002 |
| Open science | 0.001 | 0.003 |
| Research integrity | 0.001 | 0.002 |
| Insufficient payload (model declined to judge) | 0.003 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".