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Reception
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Allmusic's Andrew Leahey gave the album a rating of two-and-a-half stars out of five, praising the first track, "Thriller / Heads Will Roll", as well as Paltrow's appearances. However, he found monotony in Glee conventional mix of popular music and show tunes, even with the two original tracks. Rolling Stone Jody Rosen gave "Loser like Me" a four-star rating out of five, and felt its message related well to the show's theme. While initial sales projections were set at 75,000 copies, Glee: The Music, Volume 5 sold 90,000 copies in the US, debuting at number three on the Billboard 200. The album debuted on the New Zealand Albums Chart at number thirty-five and climbed to number three the next week. On the Australian Albums Chart, Volume 5 debuted at number one, becoming the second album by the cast to reach the top spot, following Glee: The Music, Volume 3 Showstoppers. In Canada, the album debuted at #3 on the Canadian Albums Chart, selling 5,700 copies in its second week of release.
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The album debuted in Ireland on April 14, 2011 at number five.
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Singles All songs from the album have been released as singles, available for digital download. "Thriller / Heads Will Roll" has charted highest in Australia, at number 17, while the Glee Cast original "Loser like Me" charted highest in the United States and Canada, at number 6 and 9, respectively. Two tracks on the album have charted higher on the Billboard Hot 100 than the original versions. The cast's cover of My Chemical Romance's "Sing" charted at number 49 while the original reached number 58, and "Take Me or Leave Me" from the musical Rent charted at number 51 while the version from its 2005 film adaptation failed to chart on the Hot 100, bubbling instead at number 25. Track listing Unless otherwise indicated, Information is based on Liner Notes Personnel Unless otherwise indicated, Information is based on Liner Notes
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Dianna Agron – vocals (Credit only) Adam Anders – musical arrangement, engineer, music producer, vocal producer, soundtrack producer, digital editing, vocal arrangement, additional background vocals (All tracks) Alex Anders – digital editing, engineer, additional vocal producer, additional background vocals Nikki Anders – additional vocal arrangement, additional background vocals Rod Argent – composer Peer Åström – musical arrangement, music producer, vocal producer, engineer, mixing (All tracks) Kala Balch – additional background vocals Dave Bett – art direction PJ Bloom – music supervisor Ravaughn Brown – additional background vocals Geoff Bywater – executive in charge of music Deyder Cintron – assistant engineer, digital editing Chris Colfer – vocals (Credit only) Kamari Copeland – additional background vocals Darren Criss – lead vocals (11) Tim Davis – vocal contractor, additional vocal arrangement, additional background vocals Dante Di Loreto – soundtrack executive producer
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Brad Falchuk – soundtrack executive producer Chris Feldman – art direction Serban Ghenea – mixing Heather Guibert – coordination Missi Hale – additional background vocals Jon Hall – additional background vocals Fredrik Jansson – assistant engineer
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Tobias Kampe-Flygare – assistant engineer Storm Lee – additional background vocals David Loucks – additional background vocals Jane Lynch – vocals (Credit only) Meaghan Lyons – coordination Dominick Maita – mastering Chris Mann – additional background vocals Max Martin – music producer, vocal producer (16) Jayma Mays – vocals (Credit only) Kevin McHale – lead vocals (1, 3, 5, 7-8, 12) Lea Michele – lead vocals (1-2, 6, 9-11, 15-16) Cory Monteith – lead vocals (1, 3, 10, 16) Heather Morris – lead vocals (14, 16) Matthew Morrison – lead vocals (13) Ryan Murphy – music producer, vocal producer (All tracks), soundtrack producer Chord Overstreet – lead vocals (3, 7-8) Gwyneth Paltrow - lead vocals (12-14) Ryan Petersen – assistant engineer Nicole Ray – coordination Amber Riley – lead vocals (1, 9, 12, 16) Naya Rivera – lead vocals (1, 14, 16) Mark Salling – lead vocals (2, 4) Drew Ryan Scott – additional background vocals Onitsha Shaw – additional background vocals
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Shellback – music producer, vocal producer (16) Jenny Sinclair – coordination Jenna Ushkowitz – vocals (Credit only) Windy Wagner – additional background vocals Joe Wohlmuth – assistant engineer
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Charts and certifications Weekly charts Year-end charts Certifications Release history References External links Glee: The Music, Volume 5 at Allmusic 2011 soundtrack albums Columbia Records soundtracks Glee (TV series) albums
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Kemal Kılıçdaroğlu (; born Kemal Karabulut, 17 December 1948) is a Turkish economist, retired civil servant and social democratic politician. He is leader of the CHP ("Republican People's Party") and has been Leader of the Main Opposition in Turkey since 2010. He served as a Member of Parliament for İstanbul's second electoral district from 2002 to 2015 and as an MP for İzmir's second electoral district as of 7 June 2015.
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Before entering politics, Kılıçdaroğlu was a civil servant and served as the President of the Social Insurance Institution (SSK) from 1992 to 1996 and again from 1997 to 1999. He was elected to Parliament in the 2002 general election and became the CHP's parliamentary group leader. In the 2009 local elections, he was nominated as the CHP candidate for the Mayor of İstanbul and lost to the AKP ("Justice and Development Party") with 37% of the vote, where the candidate from the AKP got 44.71% of the votes. He was elected deputy chairman of the Socialist International on 31 August 2012. After Deniz Baykal resigned as the party's leader in 2010, Kılıçdaroğlu announced his candidacy and was unanimously elected unopposed as the leader of the CHP. He was seen as likely to breathe new life into the CHP. Although the CHP saw a subsequent increase in its share of the vote, it was unable to unseat the ruling AKP as of 2021.
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Early life Kemal Karabulut was born on 17 December 1948 in the Ballıca village of Nazımiye district in Tunceli Province, eastern Turkey to Kamer, a clerk-recorder of deeds and his wife Yemuş. He was the fourth of seven children. His father was among thousands of exiled Alevis following the failed Dersim Rebellion. According to İdris Gürsoy, his family belonged to the Cebeligiller clan of the Kureyşan tribe and Zaza origin, but Kılıçdaroğlu avoided mentioning any specific ethnicity. During the 1950s, his father changed their family name from Karabulut to Kılıçdaroğlu, since all the people in the village they lived in had the same family name. Kemal continued his primary and secondary education in various places like Erciş, Tunceli, Genç and Elazığ. He was educated in economics at the Ankara Academy of Economics and Commercial Sciences (now Gazi University), from which he graduated in 1971. During his youth days, he earned his living by selling goods.
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Professional career After university, Kemal Kılıçdaroğlu entered the Ministry of Finance as a junior account specialist in 1971. He was later promoted to accountant and was sent to France for additional professional training. In 1983, he was appointed deputy director general of the Revenues Department in the same ministry. At that time he worked closely with Prime Minister Turgut Özal. In 1991, Kılıçdaroğlu became director-general of the Social Security Organization for Artisans and Self-Employed (Bağ-Kur). The following year he was appointed director-general of the Social Insurance Institution (Turkish: Sosyal Sigortalar Kurumu, abbreviated SSK). In 1994, Kılıçdaroğlu was named "Civil Servant of the Year" by the weekly periodical Ekonomik Trend.
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Kemal Kılıçdaroğlu retired from the Social Insurance Institution in January 1999. Kılıçdaroğlu taught at Hacettepe University and chaired the Specialized Commission on the Informal Economy within the framework of the preparation of the Eighth Five-Year Development Plan. He also acted as a member of the Executive Board of İş Bank. Early political career Member of Parliament He retired from bureaucracy in 1999 and tried to enter politics from within Bülent Ecevit's Democratic Left Party (DSP). Kılıçdaroğlu was often referred to as the "star of the DSP". It was claimed that he would be a DSP candidate in the upcoming 1999 general election (in which the DSP came first). However, he did not succeed in this venture as he could not get on the party's candidates' list. Instead, during his chairmanship of an association that aimed to protect citizens' tax payments, he was invited by the leader of the CHP Deniz Baykal to join his party. Kılıçdaroğlu accepted the invitation.
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Following the 2002 general election, he entered the parliament as a deputy from Istanbul. In the 2007 general election, he was re-elected to parliament. He became deputy speaker of his party's parliamentary group. Kılıçdaroğlu's efforts to uncover malpractice among high-ranking Justice and Development Party (AKP) politicians carried him to headlines in the Turkish media. Two deputy chairmen of the ruling AKP, Şaban Dişli and Dengir Mir Mehmet Fırat, resigned from their respective positions in the party following television debates with Kılıçdaroğlu. Furthermore, he publicly accused the AKP-affiliated Mayor of Ankara, Melih Gökçek, of complicity in a corruption scandal relating to the "Deniz Feneri" charity based in Germany. 2009 İstanbul mayoral candidate
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Kılıçdaroğlu was announced as the CHP's mayoral candidate for the 2009 local elections by the party leader Deniz Baykal on 22 January 2009. Kılıçdaroğlu announced that he would run his campaign based on clean politics, vowing to open cases of corruption against the serving incumbent, AKP mayor Kadir Topbaş. Claiming that he would work for the workers of İstanbul, he also challenged Topbaş to a televised live debate. Kılıçdaroğlu lost the election with 37% of the votes against Topbaş's 44.7%. Election to the CHP leadership
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Long-time leader of the CHP, Deniz Baykal, resigned on 10 May 2010 following a video tape scandal. Kılıçdaroğlu announced his candidacy for the position on 17 May, five days before an upcoming party convention. According to reports, the party was divided over the leadership issue, with its Central Executive Board insisting that Baykal retake the position. But after Kılıçdaroğlu received the support of 77 of his party's 81 provincial chairpersons, Baykal decided not to run for re-election. For a candidacy to become official, CHP by-laws require the support of 20% of convention delegates. At the party convention, which started on 22 May 2010, Kılıçdaroğlu's candidacy received the signatures of 1,246 out of the 1,250 delegates, which set a new record for the CHP.
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In view of this overwhelming support, the presidium of the party convention decided to move the election, initially scheduled for Sunday, forward to Saturday. As now expected, Kılıçdaroğlu was elected as party chairman. The election was unanimous, with 1,189 votes (not counting eight votes that were found to be invalid). Leader of the Opposition Kılıçdaroğlu took office as the Leader of the Main Opposition on 22 May 2010 by virtue of leading the second largest political party in the Grand National Assembly. Many media commentators and speculators predicted that Kılıçdaroğlu would breathe new life into the CHP after consecutive election defeats under Baykal's leadership. 2010 constitutional referendum
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Kılıçdaroğlu's first campaign as the CHP leader was the constitutional referendum held on 12 September 2010. Although the initial voting process in Parliament (that would determine the proposals that were voted on in the subsequent referendum) had begun under Baykal's leadership, Kılıçdaroğlu employed a tactic of boycotting the parliamentary process. Since a constitutional reform proposal required 330 votes to be sent to a referendum (the governing AKP, which had submitted the proposals, held 336 seats), the parliamentary approval of all of the government's constitutional reforms was mathematically possible regardless of how the CHP voted. Thus, the AKP's proposed constitutional reforms, which included changes to the Turkish Judiciary, were sent for approval in a referendum on 12 September 2010.
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Kılıçdaroğlu not only campaigned for a 'no' vote against the proposals, but also sent the Parliamentary voting process to court over alleged technical irregularities. The CHP subsequently sent the proposals to court over alleged violations of the separation of powers in the proposed changes. the Constitutional Court eventually ruled against the CHP. Kılıçdaroğlu, along with members of minor opposition parties, argued that the proposed changes are an attempt to politicise the judiciary and further increase the control of the AKP over neutral state institutions. The referendum proposals were nonetheless accepted by 57.9% of voters, with 42.1% voting against. 2011 general election
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The 2011 general election was the first general election in which Kemal Kılıçdaroğlu participated as the leader of Republican People's Party (CHP). The former CHP leader Deniz Baykal resigned from his post in May 2010 and left the CHP with 26% of the votes, according to opinion polls. Kılıçdaroğlu announced that he would resign from his post if he was not successful in the 2011 elections. He did not provide details as to what his criteria for success were. Over 3,500 people applied to run for the main opposition party in the June elections. Male candidates paid 3,000 Turkish Liras to submit an application; female candidates paid 2,000 while those with disabilities paid 500 liras. Among the candidates were former CHP leader Deniz Baykal and arrested Ergenekon suspects such as Mustafa Balbay and Mehmet Haberal.
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The party held primary elections in 29 provinces. Making a clean break with the past, Kemal Kılıçdaroğlu left his mark on the Republican People's Party's 435-candidate list, leaving off 78 current deputies as he sought to redefine and reposition the main opposition. The CHP's candidate list also included 11 politicians who were formerly part of center-right parties, such as the Motherland Party, the True Path Party and the Turkey Party. Center-right voters gravitated toward the AKP when these other parties virtually collapsed after the 2002 elections. Key party figures that did not make it on to the list, criticised the CHP for making "a shift in axis." June 2015 general election
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The June 2015 general election was the second general election which Kemal Kılıçdaroğlu participated as the leader of CHP. The party won 11.5 million votes (24.95%) and finished with 132 elected Members of Parliament, a decrease of 3 since the 2011 general election. The decrease of 1.03% compared to their 2011 result (25.98%) was attributed to CHP voters voting tactically for the Peoples' Democratic Party (HDP) to ensure that they surpassed the 10% election threshold. No opinion poll (apart from one dubious poll released in March 2014) showed the CHP ahead of the AKP between 2011 and 2015.
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2016 lawsuit In January 2016, he was prosecuted for insulting President Erdoğan against Kılıçdaroğlu making statements that implied the President is a dictator after Kılıçdaroğlu spoke out against the arrest of over 20 Academics for Peace who signed a petition condemning a military crackdown in the Kurdish-dominated southeast. What Kılıçdaroğlu said was: "Academics who express their opinions have been detained one by one on instructions given by a so-called dictator"
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Constitutional referendum After the 2017 Turkish constitutional referendum, which significantly expanded President Erdoğan's powers, Kılıçdaroğlu and CHP filed a court appeal against a decision by Turkey's Supreme Electoral Council (YSK) to accept unstampted ballots. Kemal Kılıçdaroğlu has said that the YSK decision may be appealed to the ECHR, but members of the AKP government have said that neither ECHR nor Turkey's Constitutional Court have any jurisdiction over the YSK decision. Kılıçdaroğlu said: "In 2014 [the Constitutional Court] said ‘Elections are canceled if there is no seal on ballot papers or envelopes.’[ ... ]The YSK can't express an opinion above the will of the parliament,[ ... ]If the Constitutional Court rejects our application, we will regard the changes as illegitimate. There is also the ECHR. If necessary, we will take the case there.”
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ECHR Kılıçdaroğlu criticized the European Court of Human Rights for rejecting a petition from a Turkish teacher who applied to the ECHR claiming that he was wrongly dismissed from his position during the 2016-17 Turkish purges. The ECHR said that plaintiffs should apply to Turkey's State of Emergency Investigation Commission before applying to the Court. Kılıçdaroğlu replied: "Don’t you know what is going on in Turkey? Which commission are you talking about? People are dying in prisons. We waited five months to just appoint members."
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Policy on Syrians and Other Kılıçdaroğlu has flashed the sign of the Grey Wolves, a Turkish ultranationalist organization with connections to the country's MHP (Nationalist Movement Party). It has been suggested that this is to compete with right-wing coalitions between the MHP and the AKP (Justice and Development Party). Kılıçdaroğlu has explicitly supported the deportation of Syrian refugees from Turkey, citing economic strain on citizens and the alleged desire of humans to live in their region of birth. March for Justice On 15 June 2017, Kılıçdaroğlu started the 450 km March for Justice from Ankara to Istanbul in protest of the arrest of Enis Berberoğlu following the 2016 coup d'état attempt. Initially only joined by a few hundred protesters, the march grew to the thousands. On 9 July 2017, a final rally was held in Istanbul with hundreds of thousands of people. 2018 Elections
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In the 2018 elections, Kılıçdaroğlu as leader of the CHP and İyi Parti leader Meral Akşener established Nation Alliance (Millet İtifakı) as an electoral alliance in response to the AKP and MHP's People's Alliance (Cumhur İtifakı). Nation Alliance was soon joined by the Felicity Party and Democrat Parties. 2019 Municipal Election In 2019, Kılıçdaroğlu and Akşener continued their parties' cooperation in the 2019 municipal election, capturing the mayoralties of Istanbul and Ankara from the AKP after a quarter of a century of control by Islamist parties.
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Personal life Kemal Kılıçdaroğlu married Selvi Gündüz in 1974. The couple has a son, Kerem, two daughters, Aslı and Zeynep, and a granddaughter from Aslı's marriage. Some journals denoted his Alevi identity, however Kılıçdaroğlu did not make a statement about his religious belief for a long time. In July 2011, he said "I always refused to do politics on ethnic identities and religion. I am an Alevi. Since when is it a crime to be Alevi in this country?". He speaks Turkish and French. See also Meral Akşener Muharrem İnce Deniz Baykal Bülent Ecevit Canan Kaftancıoğlu Democratic Left Party (DSP) References External links Kemal Kılıçdaroğlu's biography at TBMM's website A Long March for Justice in Turkey (Gastbeitrag, www.nytimes.com 7 July 2017) |-
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1948 births Deputies of Istanbul Gazi University alumni Leaders of political parties in Turkey Leaders of the Opposition (Turkey) Leaders of the Republican People's Party (Turkey) Living people Members of the 22nd Parliament of Turkey Members of the 23rd Parliament of Turkey Members of the 24th Parliament of Turkey Members of the 25th Parliament of Turkey People from Nazımiye Turkish Alevis Turkish civil servants Turkish economists Twin people from Turkey Contemporary Republican People's Party (Turkey) politicians Members of the 26th Parliament of Turkey
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David (Dudu) Gerstein () (born 14 November 1944) is an Israeli painter, sculptor, draftsman, and printmaker. He began as a figurative painter and was recipient of the Israel Museum Prize for illustration. At the end of the 1970s he wished to expand the limits of two-dimensional painting, into painting in three-dimensions. He began cutting out the main subjects of each painting and to cancel the background, creating a unique and iconic cutout images, free standing in space, without the standard and traditional square frame.
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That led him to work in sculpture mostly in wood and using industrial paint as coating. Through the use of primary colors and subject matters from our day to day life, he created a variation of personal pop-art style, which he defined as second-generation pop-art. Following the path of Roy Lichtenstein, Tom Wesselmann, and David Hockney, Gerstein similarly aimed at creating his personal post-pop art style, and left behind the monochromatic pallet of oil and watercolors and used instead vibrant, design-oriented colors. From 1980 to 1995 he created mostly free-standing wooden sculptures, which he later abandoned when he found lazer-cutting technology. By that he pioneered the use of laser cutting in art, and was the first artist to use multi-layered cutout steel wall-sculptrues.
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Simultaneously to his wall-sculptures Gerstein had a great interest in sculpture in public spaces, he created more than 40 sculptures in public squares and plazas in Israel alone. This led him to create many more large-scale outdoor sculptures in England, France, Sweden, Italy, China, South Korea, and other countries. His art was shown in museums around the world, beginning in Israel Museum in 1987. In 2016 he won Taiwan's Artistic Creation Award. His sculptures of bicycle riders were purchased by Lance Armstrong, and were mentioned in Stephen King's writings. His outdoor sculpture "Momentum" is Singapore's tallest public sculpture.
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Early Years David (Dudu) Gerstein was born in 1944 in Jerusalem to parents who immigrated from Poland. Both he and his twin brother, Jonathan (Yoni) Gerstein, showed artistic talent from an early age. At the age of thirteen he was sent to a camp for the arts in Jerusalem, which he attended for several summers in a row. Later he took classes at the Beit Zvi Art Center in Ramat Gan. As a child he was moved by the works of the impressionists and earlier art movements in history. He frequented a gallery nearby his home and was always eager to find the new paintings on display there, "deeply emotionally moved" by the art there. In 1955, at age 11, David was introduced to modern art when he saw, in a newspaper, a reproduction of Picasso's Guernica. The reproduction ignited his interest in modern art movements such as cubism and expressionism. He continued to frequent museums and galleries as a teenager.
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During his mandatory military service he painted a series of oils of fishing docks, boats and kibbutz landscape. Upon completion of his military service, David applied to the Bezalel Academy of Arts and Design, Jerusalem, where he met teacher Avraham Ofek, who had a marked influence on Gerstein's style. Education In 1965 Gerstein enrolled in Israel's leading art academy Bezalel at the graphic design department, as there was no art department at the time. After two years he realized that graphic design did not interest him. Having had a dream to visit Paris from an early age, he sailed to France and in 1966, enrolled at the École nationale supérieure des Beaux-Arts in Paris, where he studied under Chapelain-Midy [fr]. After the 1968 revolution in France two years in Paris, he moved to New York and attended classes of the Art Students League, where he learned portrait painting under William F. Draper, and oil painting under Jacob Lawrence.
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Gerstein returned to Israel at the age of twenty six and began teaching at Bezalel. At first, he taught drawing and then became a faculty member of the Department of Jewelry Design, which was then undergoing a process of renewal; evolving from the outmoded, tradition style of "Bezalel" to introducing innovative concepts influenced by modern art. Due to his background in the fine arts, Gerstein was responsible for closing the gap between jewelry design and the world of modern art. He introduced his students to contemporary movements, such as Danish design, expressionism, conceptual art, minimalism, and other contemporary movements. He wanted jewelry design to be considered in the same light as contemporary art, no less inferior for being decorative, equal to other forms of art. Years later, Gerstein remarked that his involvement in teaching in the department influenced his transition from painting to sculpture.
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Being interested in printmaking, and wishing to exapnd in the artform, Gerstein enrolled in Saint Martin's School of Art in London, where he focused on printmaking and earned his Masters of Art. Having learned lithograph and silkscreen printing, he sought to combine the two media, which had not as yet been integrated. Upon completing his studies he was awarded first prize and two awards for excellence in an end of year competition at St. Martin's. Gerstein returned to Bezalel and applied printmaking into enamel technique. Already then, his tendency to integrate different mediums and advanced technologies in creating art was discernable; a tendency that was reflected more strongly in his use of laser in the 1990s. He continued in his position as senior lecturer at Bezalel until 1985.
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First Exhibitions Gerstein's first exhibition in Israel was held in 1971 at the Engel Gallery in Jerusalem, comprising figurative drawings and watercolors. Thereafter, he exhibited at Jerusalem's Artist's House in 1972 with large oil paintings dealing with interiors and the seaside, work that received enthusiastic reviews. Among others, Gerstein was compared to David Hockney due to the fact that "like Hockney, he, too, had been first and foremost a master drawer with an excellent color sense". During those years, Gerstein led a struggle to legitimize figurative art, unacceptable in the mainly conceptual Israeli art scene. The conceptual art trend was irrelevant for him and he chose the less accepted orientation at the time, figurative painting. Gerstein numbered among the few artists, such as Avraham Ofek, Uri Lifschitz, and others, who focused on narrative-figurative painting.
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At the same period, parallel to conceptualism, an opposite trend developed: hyper-realism. Gerstein, however, aspired to creating figurative paintings informed by a personal and free style, striving to find his personal handwriting. Gerstein sought to make statements about the world and life, using the narrative and experiences of his personal life. Gerstein painted memories from his past such as his mother riding a bicycle, or a painting depicting the childhood of twins, referencing the childhood of his twin brother and him, childhood vacations at the Dead Sea, etc. Among his main inspirations was the work of Hanoch Levin who presented life's vanities in a vein of comic irony. Gerstein aspired to do the same in painting: "I tried to express in painting what Levin wrote: relationships between men and women, within families…a sort of grotesque style of painting".
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Another inspiration at the time was the painter George Gross, to whom he felt an affinity and who also dealt with what Gerstein termed "the human comedy". In addition, he was influenced by David Hockney, Fernando Botero and José Luis Cuevas, who all dealt with the human experience and people' interactions. Figurative painting
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In the 1970s, Gerstein explored the integration of personal themes alongside figurative painting, particularly in his watercolors and gouache on paper. His works stemmed not from the political realm, nature or science, but rather from early personal memories of family and growing up. At first, these works were intended as sketches for large canvas oil paintings. With time, though, he found interest in working in watercolors on paper only, and they became his main medium. Gerstein created a series of paintings concerning his childhood based on photographs and memories. Another series dealt with the memory of freedom: his mother riding a bicycle in the streets, a motif that developed into a series of bicycle riders in the 1990s and afterward. Another series of paintings focused on interior settings of personal living spaces such as living rooms, in French tradition. A repetitive motif in these works was that a cat, as well as a vase, which, for the artist, expressed, "the serenity of
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daily home life."
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While wishing to express the interior, intimate life of individuals and families, Gerstein was also interested in the public realm, and, more specifically, in the tension between the private and public. It was then that he was attracted to the theme of balconies, as they successfully captured that tension; on the one hand they were extensions of the personal home, and, on the other hand, they were like and exhibition displayed to the public in the street below. These were works stemming from nostalgia and longing to his childhood memories of Tel Aviv balconies with peeling plaster, and the day to day modest life of working-class middle-aged couples, as he recalled from his parents' friends.
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Both the cat and the flower vase continued to accompany his work decades later. While involved with these motifs Gerstein wanted "to escape the Israeli political reality to an Olympian turbulent-free, tranquility". In the mid-'70s, he made a series of paintings of people at the beach, influenced both by the artist's childhood memories as well as from observation. Another series of paintings included the landscape of the Ein Kerem neighborhood, where the artist lived at the time, used as a backdrop for compositions abundant with interacting figures in groups and couples.
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Gerstein's aim to portray the daily experience of Israeli life came to fruition in the 1980s. Gerstein figuratively describes chapters from the Israeli experience, derived, among others, from childhood memories in Tel Aviv. The first series depicts Tel Aviv with its Bauhaus-style balconies, with a humoristic irony. This series was based on Gerstein's memories of his parents' generation of "little Tel Aviv"; people whom he regarded with wonder and humor. These paintings express the tension between the sabra generation of the children and the relatively "exilic" generation of the parents.
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The series contain elderly people, the "old world" reflected in their faces, as seen from the eyes of a sabra child looking at the "generation of the desert"; the generation that founded the country, having had immigrated at a young age, yet still marked by the heritage of "diaspora". The origins of this series can be found in Gerstein's watercolors and gouache on paper from the '70s, parts of which were adapted to canvas oil paintings. In the '80s, Gerstein developed this into another series of paintings, those of bathers in the Dead Sea, about which Avraham Eilat wrote,"the residents of the balconies have gone down to the Dead Sea where they lie about on the shore, covered in mud, exposing their pinkish bodies to the mercy of the sun's rays and the salt and get slowly fried".
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Early Sculpture
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Despite the positive response his paintings evoked, both from the critics and the art world, Gerstein felt the need to renew, find new directions and expand his artistic boundaries. During 1980–1987, while continuing to paint, Gerstein experimented with wood sculptures, which were "three-dimensional while preserving a two-dimensional quality". Gerstein sought to "expand the borders of painting" to the domain of the third-dimension. Dissatisfied with his few sculpting experiments, the artist discovered that he could cut and assemble the elements into a type of sculpture in space. The idea came to him during reserve duty while dismantling cardboard boxes containing cartridges. He painted on the inner partition of a box and then reassembled it. From this evolved the idea of painting on large-scale cardboard constructed into sculpture. Following a number of sculptures from cardboard, Gerstein used wood and thin aluminum. Gerstein defines those years as a "struggle" between painting and
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sculpture, comparing his relationship to painting as that to a wife, as opposed to his relationship to sculpture: a seductive lover.
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Gerstein first showed these sculptures at the Horace Richter in Tel Aviv in 1981. This was a bold step for the 36-year-old painter who had not been known for sculpture previously. The works were of aluminum and wood, and the subject matter was a continuation of that of the 1970s: his mother riding a bicycle, cats, flower vases and various still life elements. In the following years, Gerstein showed at two main galleries, Sara Gilat and Ruth Debel, with work reflecting the artist's continued "search" for a new language integrating painting and three-dimensionality.
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In 1984 Gerstein traveled to New York, the first time since the conclusion of his studies there fifteen years earlier, and began working with the art dealer Marilyn Goldberg, who ordered the production of six limited edition aluminum prints titled "Art Cats". The series included cutouts of cats inspired by those of twelve known artists, from van Gogh to Picasso and Lichtenstein. In the wake of these works, Gerstein was invited to show at the Israel Museum in Jerusalem. The exhibit in 1987 was presented under the heading, "From Dudu to 3-D", comprising sculptures that were "colorful, cheerful, amusing and reminiscent of toys or paper cutouts". The exhibit was a summary of Gerstein's three-dimensional work of the previous seven years and was a breakthrough for the artist. Most of the exhibited work was purchased by international collectors and Gerstein was subsequently invited to exhibit in the United States and Canada. Stylistic development
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While continuing to develop his sculpture in the '90s, Gerstein returned to painting in the style that constituted a direct link to the balconies and the Dead Sea series, depicted in the '70s and '80s. The series of automobiles created during this period presents people traveling in a car from the perspective of the spectator "peeping" in at the passengers through the front windshield. Similar to the motif of peeping into Tel Aviv balconies, here too, Gerstein chose the perspective of the outsider looking at the driver through the windshield, while at the same time reflecting the surroundings in the reflections on the windshield. The series was created in Paris during Gerstein's residency at the Cité Internationale des Arts, 1990–1991. In 1995, after years of working with wood, Gerstein discovered the technology of laser cutting and began cutting metals and painting them in glossy paint taken from the car industry. On this he collaborated with Rosenfeld Gallery in Tel Aviv.
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At first, he began working with one layer cutout steel. Due to the fact that the metal required industrial paint, mostly based on primary colors, Gerstein was attracted to bright primary colors. Shortly after beginning to work with one layer laser cutout, he began experimenting with adding one additional metal cutout layer. Using screws, he secured the second layer to the first, and was immediately "taken" by the technique: "From early on I tried to create three dimensional paintings, which is what led me to wood sculptures in the early 1980s. Suddenly, fifteen years later, I finally found the perfect way to create a three dimensional painting, floating above the wall, breathing, living. It was, for me, an eureka moment. I knew from that moment on that I'd like to further develop this medium."
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Soon after, Gerstein began creating these multi-layered cutout wall sculptures in limited editions. These limited editions were nonetheless hand painted, and by that were each uniquely original. Outdoor Sculptures Gerstein is known for his outdoor sculpture, many of them are installed in city squares or next to public buildings. His sculptures can be found throughout Israel: ten sculptures in Netanya, twelve sculptures in Herzliya, large scale sculptures in the campus of the Hebrew University of Jerusalem and the Tel Aviv University, Avdat, the Yoav Dagon Sculpture Garden in Ramat Hasharon, Memorial sculpture in Yahud and a memorial sculpture in Beit Hashanti in Mitzpe Ramon, Faculty of Agriculture of the Hebrew University in Rehovot, Raanana, Ramat Alon in Haifa, Holon, Kiryat Yam, Ramat Gan, Ashkelon, Mevaseret, Modi'in, and others.
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Outside of Israel, Gerstein is known for his large scale colorful sculptures, including Roman Warrior is in Bromford, London. In Singapore's Raffles Place. The athletic stadium and shopping mall in Hsinchu, Taiwan, Museum of Contemporary Art in Tainan City, Taiwan; eleven sculptures in the Science Park in Taichung, Taiwan, six outdoor sculptures in the Morgan Stanley building in Seoul, Korea; Star City in Seoul. Five sculptures in a park in Guizhou, China; sculptures in a hospital of Taikang, Beijing, China; and "Tea for Two" in Fuliang Province, China. His sculpture in the Singapore business district is 18.5 meters high and is considered the tallest sculpture in Singapore. Artistic Concepts
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From the 1970s, Gerstein aspired to create art that spoke to the art world while remaining accessible to the layman in the street. His bold use of color came from a desire to "copy nature." His bold use of colors in sculptures came out of his own philosophy. Gerstein explained that just like the brightly colored fruit or flower in nature attracts insects, so, too, his work was intended to be attractive to the observer; and as the fruit is not solely an object of attraction, but is also a source of vitamins, so, too, his works contain added value. "I expressly deal with images of consumerism and the lure of the color is strategic." His work "Shoe Mania", portraying a woman whose hair is composed of shoes is colorful but expresses criticism of Western consumerism. Gerstein maintains "there can be art for pleasure's sake in which its deeper message is hidden."
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Another guiding principle in Gerstein's work is leaving the boundaries of the gallery: "I want to break the unnatural division between the museum and the street." Gerstein's use of vibrant, bright colors has been called "decorative" and "commercial." Gerstein says: "The forms and colors in my work are my way of communicating. Those who taste the fruit will discover that it is not only beautiful, but also replete with vitamins. My work The Human Circle resembles a huge flower or bouquet, but beneath the surface is a tacit criticism of human life; the insight that we come from nowhere, are going nowhere, and in the meantime, are going around in circles, chasing our tails. Whoever chooses to see the work as a decorative bouquet, is welcome. But if you look at the characters comprising the Human Circle, you will see that they are not pretty. In fact, they are even ugly. But the overall picture is beautiful and seductive". Selected solo exhibitions
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1971 Engel Gallery, Jerusalem. 1972 The Artists' House, Jerusalem. 1980 Horace Richter Gallery, Tel Aviv. 1982 Horace Richter Gallery, Tel Aviv. 1984 Radius Gallery, Tel Aviv (a member of Radius Group). 1987 Israel Museum, Jerusalem ("From Dudu to 3-D") Albert White Gallery, Toronto. 1988 Haifa Museum of Contemporary Art ("Frames"). 1989 Herzliya Museum ("Totems") - Albert White Gallery, Toronto - "Art 20" International Art Fair, Basel. 1992 Yavneh Art Workshop ("Pupils") - "Art Frankfurt" International Art Fair. 1993 Ashdod Museum ("Extended Pupils"). 1994 Rosenfeld Gallery, Tel Aviv ("Cutouts"). 1995 "Art Multiple", Düsseldorf Conzen Gallery, Düsseldorf. 1997 "Encircled People", Rosenfeld Gallery, Tel Aviv - Conzen Gallery, Düsseldorf 1999 Newbury Fine Art Gallery, Boston - Stricoff Gallery, New York - Aduko France Fine Art, Lyon - Art Symbol, Paris - Art Seiler, St Paul de Vence. 2001 Galleria Silecchia, Sarasota, New York - Newbury Fine Art, Boston.
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2001 "Tango Sur Seine", paintings, Artists House, Jerusalem. 2001 "Pixul", Art Gallery at The Memorial Center, Kiryat Tivon. 2001 "The Private Sector", Meirov Municipal Art Gallery, Holon. 2002 Osklen Multimedia Space, Ipanema, Rio de Janeiro, Brazil. 2002 Peter's Gallery, Nicosia, Cyprus. 2002 "No Favorite Color", Street Installation during Documenta, Kassel, Germany. 2003 Nord L/B Gallery, Hannover, Germany. 2003 Clube A Hebrica, Sao-Paulo, Brazil 2004 Galerie Am-Dom, Wetzlar, Germany 2004 "In constant movement" Municipal Gallery, Ness-Tsiona, Israel 2004 Galeria Kreisler, Madrid, Spain 2006 Due-Diligence, Städtische Galerie im Park, Viersen, Germany 2007 Gana art gallery, Seoul, Korea 2007 Gallery Ermanno Tedeschi, Milan, Italy 2007 Catto Gallery, England 2008 Gana art gallery, Seoul, Korea 2008 Ermanno Tedeschi Gallery, Rome, Italy 2008 Mairie de Hesperange - Luxembourg 2008 Gana Gallery, Busan - Korea 2009 Momentum Art Gallery, Knokke, Belgium
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2010 "Sea, Mud & Salt", Drawings exhibition, The National Maritime Museum, Haifa, Israel 2010 Celebrating Forms And Colors, Gallery Ostendorff, Münster Germany 2010 Mathematician Museum, Gissen, Germany 2010 National Museum, Brasilia, Brazil 2010 Guang Xiang, Taipei, Taiwan 2012 Guzzini Center, Milan, Italy 2013 Belle Art Gallery, Denmark 2013 "Synergy" National Tsing Hua University Arts Center, Hsinchu, Taiwan 2013 Gana Art Gallery, Seoul, S. Korea 2013 Guzzini Center, Milano, Italy 2013 Ermano Tedeschi, Rome, Italy 2014 Galeria de Arte Salduba, Saragoza, Spain 2014 HTC Gallery, Taipei, Taiwan 2014 Gallery Momentum at Bocholtz, Liege, Belgium 2014 The Visual Arts Center Gallery, New Delhi, India 2014 "Poetic Mirror", ARTN SPACE, Shanghai, China 2014 Catto Gallery, London, England 2014 Biac Art, Beijing, China 2014 Ostendorf Gallery, Munster, Germany 2014 Gallery of Natural Tsing Hua University, Taiwan 2014 Salduba, Zaragoza, Spain
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2015 "Made In Germany", Work of collaboration - Gerstein / Otmar Alt Foundation, Bochum, Germany 2015 Galerie Dárt Perbet, Annecy, France 2015 Galerie Montmartre, Paris, France 2015 Miva Gallery, Stockholm 2016 Shenzhen Mix C, China 2016 Gana Gallery, Busan, S. Korea 2016 Galeria D`Art Mar, Barcelona 2017 "Layers" - Today Art Museum, Beijing, China 2017 Kellerman Gallery, Dusseldorf, Germany 2017 Kpopulous Gallery, Mykonos, Greece 2018 Froots Gallery at 978 Beijing, China 2018 "XYZ" Galerie Duret, Paris, Brussels, France 2019 "SMALL IS BEAUTIFUL" - Froots Gallery, Shanghai, China 2019 "BACK & FORTH" - Miva Gallery, Gothenburg / Malmö, Sweden 2019 Belle Gallery, Denmark 2020 "Art in Motion", Galerie Duret, Paris & Brussels, France & Belgium 2020 "U-Turn", Artists' House, Tel Aviv 2021 "Urban Dream", Galerie Duret, Brussels & Paris, Belgium & France
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Selected art in public spaces
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1985 "Bicycle Rider", Hebrew University, Mount Scopus, Jerusalem. 1988 Sculptural children's playground, Weiller Park, Jerusalem. 1989 "The White Rider", City of Lod. 1992 "Kiosk", Israel Museum, Jerusalem 1992 Six sculptures at Avdat archeological site, the Negev. 1993 "Great Tree", billboard project in Ramat Hasharon 1994 "Ladder of Motives", Open Museum, Tefen. 1995 Two wall pieces for Bank Leumi, Tel Aviv - "The Flower Vase", Bank Leumi, Rehovot 1995 "Jacob's Ladder", Israel Festival, Jerusalem. 1995 Tree of Donors, The Science Museum, Jerusalem. 1996 "Scientific Orange", Rehovot shopping & central bus station & City Hall 1996 "Head Within a Head", the Hebrew University, Jerusalem 1996 "Island of Flowers", Brigada Street, Herzliya. 1997 "Above the Head", Installation, Hebrew University Givat Ram, Jerusalem 1997 "Pupils", Dizengoff Street, Tel Aviv. 1998 "Cow", Raanana Park, Raanana. 1998 "Roman Warrior", Bromford, London 1998 "Cats Hill", Neve Amal, Herzliya.
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1999 "A Whole World", Hebrew University, Jerusalem 1999 Homage to Nathan Alterman, Dizengoff Street, Tel Aviv. 2000 "Audience", Jerusalem Theater, Jerusalem. 2000 Seven large-scale wall sculptures, Azrieli shopping mall, Tel Aviv. 2001 "Day and Night", Azrieli Center, Tel Aviv. 2001 "Colors from Nature", Horev Center, Haifa. 2001 "Things that come from the Heart", Ramat Alon Park, Haifa. 2002 "Soul Bird", Holon. 2002 "Digital Sabra", Waddi Nisnass, Haifa. 2002 "No Favorite Color", Kassel, Germany. 2002 "Shalom On Israel", Rabin Building, Judaism Center, Hebrew University, Jerusalem. 2003 "Blue Mermaid", Kiryat Yam, Haifa. 2003 "Rush Hour", Hebrew University, Jerusalem, Israel 2004 "Journey into the Body" wall installation as well as seven floors with wall sculptures at the Shaha building, Rabin Medical Center, Petah Tikva, Israel 2004 Sculptures to the "Rabin Medical Center", Israel 2005 "Sun Rise" High School, Ashkelon, Israel 2005 "Butterflies", Mevaseret, Israel
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2007 "Ohel Moed", Sculpture Park, kibbutz Hatzerim, negev, Israel 2008 "Momentum" CBD, Singapore 2008 "Star City", Seoul, Korea 2008 Six sculptures ("Sport Island"), Netanya, Israel 2011 Hyundai Department Store, Seoul, Korea 2014 Taikang Residence of Elderly People, Beijing, China 2014 Three Free Standing Sculptures for Athletic Stadium, Hsinchu, Taiwan 2014 Eleven sculptures in the Science Park in Taichung, Taiwan 2015 "Presence-Present", Gerstein / Alana Ruben, Jerusalem Biannale of Contemporary Jewish Art 2016 "Windows" - four sculptures in Modiin, Israel 2017 Five sculptures in National Park, Guizhou, China 2017 "Journey Through My Gardens", Taikang's Residence, Beijing, China 2020 Glass Windows, Exterior walls of Taikang Art Museum, Suzhou Park, Suzhou, China 2020 "Boats" Suzhou Park, Suzhou, China 2021 Donors Tree, Soroka Hospital, Gdolim MeHahaim building, Be'er Sheva, Israel 2021 "Tornado", Hsinchu, Taiwan
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2021 Six outdoor sculptures in the Morgan Stanley building in Seoul, Korea 2021 "Tea for Two" in Fuliang Province, China.
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Books About Gerstein David Gerstein "Past and Present" (2012) Skira Balconies, David Gerstein (1984) Domino Publishing House, Israel David Gerstein, "Works" (2010) Gerstein Sculptures (2008), Adar Publications, Israel David Gerstein Paints The Passover Haggadah, Rabin Medical Center Publishing, 2015 See also Visual arts in Israel References External links GersteinART David Gerstein in France David Gerstein in Belgium David Gerstein in Germany David Gerstein in Miami, FL USA Gerstein in South Africa 1944 births Israeli artists Twin people from Israel Living people Alumni of Saint Martin's School of Art
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The Indian Reorganization Act (IRA) of June 18, 1934, or the Wheeler–Howard Act, was U.S. federal legislation that dealt with the status of American Indians in the United States. It was the centerpiece of what has been often called the "Indian New Deal". The major goal was to reverse the traditional goal of cultural assimilation of Native Americans into American society and to strengthen, encourage and perpetuate the tribes and their historic Native American cultures in the United States.
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The Act also restored to Indians the management of their assets—land and mineral rights—and included provisions intended to create a sound economic foundation for the inhabitants of Indian reservations. The law did not apply to Hawaii; Alaska and Oklahoma were added under another law in 1936. (Indian tribes in Oklahoma had their land allotted and land title extinguished, and so did not have any reservations left.) The census counted 332,000 Indians in 1930 and 334,000 in 1940, including those on and off reservations. Total U.S. spending on Indians averaged $38 million a year in the late 1920s, dropping to an all time low of $23 million in 1933, and reaching $38 million in 1940.
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The IRA was the most significant initiative of John Collier, who was President Franklin D. Roosevelt's Commissioner of the Bureau of Indian Affairs (BIA) from 1933 to 1945. He had long studied Indian issues and worked for change since the 1920s, particularly with the American Indian Defense Association. He intended to reverse the assimilationist policies that had resulted in considerable damage to American Indian cultures, and to provide a means for American Indians to re-establish sovereignty and self-government, to reduce the losses of reservation lands, and to build economic self-sufficiency. He believed that Indian traditional culture was superior to that of modern America, and thought it worthy of emulation. His proposals were considered highly controversial, as numerous powerful interests had profited from the sale and management of Native lands. Congress revised Collier's proposals and preserved oversight of tribes and reservations by the Bureau of Indian Affairs within the
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Department of Interior.
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The self-government provisions would automatically go into effect for a tribe unless a clear majority of the eligible Indians voted it down. When approved, a tribe would adopt a variation of the model constitution drafted by BIA lawyers. History Background At the time the Act passed, it was United States policy to eliminate Indian reservations, dividing the communal territory and allotting 160-acre plots to individual heads of households, to be owned in severalty. Before allotment, reservation territory was not owned in the usual European-American sense, but was reserved for the benefit of entire Indian tribes. The communal benefits were apportioned to tribe members according to tribal law and custom. Generally, Indians held the land in a communal fashion. Non-Indians were not allowed to own land on reservations, a fact which limited the dollar value of the land, since there was a smaller market capable of buying it.
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The process of allotment started with the General Allotment Act of 1887. By 1934, two thirds of Indian land had converted to traditional private ownership (i.e. it was owned in fee simple). Most of that had been sold by Indian allottees, often because they had no means to pay local taxes on the lands, for which they were newly responsible. The IRA provided a mechanism for the recovery of land that had been sold—including land that had been sold to tribal Indians. They would lose individual property under the law. John Collier was appointed Commissioner of the Indian Bureau (it is now called the Bureau of Indian Affairs, BIA) in April 1933 by President Franklin Delano Roosevelt. He had the full support of his boss, Secretary of the Interior Harold L. Ickes, who was also an expert on Indian issues.
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The federal government held land in trust for many tribes. Numerous claims cases had been presented to Congress because of failures in the government's management of such lands. There were particular grievances and claims due to the government's failure to provide for sustainable forestry. The Indian Claims Act of 1946 included a requirement that the Interior Department manage Indian forest resources "on the principle of sustained-yield management." Representative Edgar Howard of Nebraska, co-sponsor of the Act and Chairman of the House Committee on Indian Affairs, explained that the purpose of the provision was "to assure a proper and permanent management of the Indian Forest" under modern sustained-yield methods so as to "assure that the Indian forests will be permanently productive and will yield continuous revenues to the tribes." Implementation and results
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The act slowed the practice of allotting communal tribal lands to individual tribal members. It did not restore to Indians land that had already been patented to individuals, but much land at the time was still unallotted or was allotted to an individual but still held in trust for that individual by the U.S. government. Because the Act did not disturb existing private ownership of Indian reservation lands, it left reservations as a checkerboard of tribal or individual trust and fee land, which remains the case today. However, the Act also allowed the U.S. to purchase some of the fee land and restore it to tribal trust status. Due to the Act and other actions of federal courts and the government, more than two million acres (8,000 km²) of land were returned to various tribes in the first 20 years after passage.
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In 1954, the United States Department of the Interior (DOI) began implementing the termination and relocation phases of the Act, which had been added by Congress. These provisions were the result of the continuing interest by some members of Congress in having American Indians assimilate to the majority society. Among other effects, termination resulted in the legal dismantling of 61 tribal nations within the United States and ending their recognized relationships with the federal government. This also ended the eligibility of the tribal nations and their members for various government programs to assist American Indians. Of the "Dismantled Tribes" 46 regained their legal status as indigenous communities.
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Constitutional challenges Since the late 20th century and the rise of Indian activism over sovereignty issues, as well as many tribes' establishment of casino gambling on reservations as a revenue source, the US Supreme Court has been repeatedly asked to address the IRA's constitutionality. The provision of the Act that is controversial is the one that allows the US government to acquire non-Indian land (by voluntary transfer) and convert it to Indian land ("take it into trust"). In so doing, the US government partially removes the land from the jurisdiction of the state, which makes certain activities, such as casino gambling, possible on the land for the first time. It also makes the land exempt from state property taxes and some other state taxes. Consequently, many people oppose implementation of this part of the Act and, typically represented by state or local governments, they sue to prevent it.
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In 1995, South Dakota challenged the authority of the Interior Secretary, under the IRA, to take of land into trust on behalf of the Lower Brule Sioux Tribe (based on the Lower Brule Indian Reservation), in South Dakota v. United States Dep't of the Interior, 69 F.3d 878, 881-85 (8th Cir. 1995). The Eighth Circuit Court of Appeals found Section 5 of the IRA to be unconstitutional, ruling that it violated the non-delegation doctrine and that the Secretary of Interior did not have the authority to take the land into trust. The US Department of the Interior (DOI) sought U.S. Supreme Court review. But, as DOI was implementing new regulations related to land trusts, the agency asked the Court to remand the case to the lower court, to be reconsidered with the decision to be based on the new regulations. The US Supreme Court granted Interior's petition, vacated the lower court's ruling, and remanded the case back to the lower court.
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Justices Scalia, O'Connor and Thomas dissented, stating that "[t]he decision today—to grant, vacate, and remand in light of the Government's changed position—is both unprecedented and inexplicable." They went on, "[W]hat makes today's action inexplicable as well as unprecedented is the fact that the Government's change of legal position does not even purport to be applicable to the present case." Seven months after the Supreme Court's decision to grant, vacate, and remand, the DOI removed the land in question from trust.
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In 1997, the Lower Brulé Sioux submitted an amended trust application to DOI, requesting that the United States take the of land into trust on the Tribe's behalf. South Dakota challenged this in 2004 in district court, which upheld DOI's authority to take the land in trust. The state appealed to the Eighth Circuit, but when the court reexamined the constitutionality issue, it upheld the constitutionality of Section 5 in agreement with the lower court. The US Supreme Court denied the State's petition for certiorari. Since then, district and circuit courts have rejected non-delegation claims by states. The Supreme Court refused to hear the issue in 2008.
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In 2008 (before the US Supreme Court heard the Carcieri case below), in MichGO v Kempthorne, Judge Janice Rogers Brown of the D.C. Circuit Court of Appeals wrote a dissent stating that she would have struck down key provisions of the IRA. Of the three circuit courts to address the IRA's constitutionality, Judge Brown is the only judge to dissent on the IRA's constitutionality. The majority opinion upheld its constitutionality. The U.S. Supreme Court did not accept the MichGO case for review, thus keeping the previous precedent in place. Additionally, the First, Eighth, and Tenth Circuits of the U.S. Court of Appeals have upheld the constitutionality of the IRA.
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In 2008, Carcieri v Kempthorne was argued before the U.S. Supreme Court; the Court ruled on it in 2009, with the decision called Carcieri v. Salazar. In 1991, the Narragansett Indian tribe bought of land. They requested that the DOI take it into trust, which the agency did in 1998, thus exempting it from many state laws. The State was concerned that the tribe would open a casino or tax-free business on the land and sued to block the transfer. The state argued that the IRA did not apply because the Narragansett was not "now under federal jurisdiction" as of 1934, as distinguished from "federally recognized." In fact, the Narragansett had been placed under Rhode Island guardianship since 1709. In 1880, the tribe was illegally pressured into relinquishing its tribal authority to Rhode Island. The tribe did not receive federal recognition until 1983, after the 1934 passage of the IRA. The US Supreme Court agreed with the State.
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In a challenge to the U.S. DOI's decision to take land into trust for the Oneida Indian Nation in present-day New York, Upstate Citizens for Equality (UCE), New York, Oneida County, Madison County, the town of Verona, the town of Vernon, and others argued that the IRA is unconstitutional. Judge Kahn dismissed UCE's complaint, including the failed theory that the IRA is unconstitutional, on the basis of longstanding and settled law on this issue. The US Court of Appeals for the Second Circuit affirmed the dismissal. Approval by tribes
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Section 18 of the IRA required that members of the affected Indian nation or tribe vote on whether to accept it within one year of the effective date of the act (25 U.S.C. 478), and had to approve it by a majority. There was confusion about who should be allowed to vote on creating new governments, as many non-Indians lived on reservations and many Indians owned no land there, and also over the effect of abstentions. Under the voting rules, abstentions were counted as yes votes, but in Oglala Lakota culture, for example, abstention had traditionally equaled a no vote. The resulting confusion caused disputes on many reservations about the results.
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When the final results were in, 172 tribes had accepted the act, and 75 had rejected it. The largest tribe, the Navajo, had been badly hurt by the federal Navajo Livestock Reduction Program, which took away half their livestock and jailed dissenters. They strongly opposed the act, John Collier the chief promoter, and the entire Indian New Deal. Historian Brian Dippie notes that the Indian Rights Association denounced Collier as a 'dictator' and accused him of a "near reign of terror" on the Navajo reservation. Dippie adds that, "He became an object of 'burning hatred' among the very people whose problems so preoccupied him."
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Legacy Historians have mixed reactions to the Indian New Deal. Many praise Collier's energy and his initiative. Philp praised Collier's Indian New Deal for protecting Indian freedom to engage in traditional religious practices, obtaining additional relief money for reservations, providing a structure for self-government, and enlisting the help of anthropologists who respected traditional cultures. However, he concludes that the Indian New Deal was unable to stimulate economic progress nor did it provide a usable structure for Indian politics. Philp argues these failures gave ammunition to the return to the previous policy of termination that took place after Collier resigned in 1945. In surveying the scholarly literature, Schwartz concludes that there is:
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a near consensus among historians of the Indian New Deal that Collier temporarily rescued Indian communities from federal abuses and helped Indian people survive the Depression but also damaged Indian communities by imposing his own social and political ideas on them.
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Collier's reputation among the Indians was mixed—praised by some, vilified by others. He antagonized the Navajo, the largest tribe, as well as the Seneca people, Iroquois, and many others. Anthropologists criticized him for not recognizing the diversity of Native American lifestyles. Hauptman argues that his emphasis on Northern Pueblo arts and crafts and the uniformity of his approach to all tribes are partly explained by his belief that his tenure as Commissioner would be short, meaning that packaging large, lengthy legislative reforms seemed politically necessary. The Reorganization Act was wide-ranging legislation authorizing tribal self-rule under federal supervision, putting an end to land allotment and generally promoting measures to enhance tribes and encouraging education.
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Having described the American society as "physically, religiously, socially, and aesthetically shattered, dismembered, directionless", Collier was later criticized for his romantic views about the moral superiority of traditional society as opposed to modernity. Philp says after his experience at the Taos Pueblo, Collier "made a lifelong commitment to preserve tribal community life because it offered a cultural alternative to modernity....His romantic stereotyping of Indians often did not fit the reality of contemporary tribal life." The act has helped conserve the communal tribal land bases. Collier supporters blame Congress for altering the legislation proposed by Collier, so that it has not been as successful as possible. On many reservations, its provisions exacerbated longstanding differences between traditionals and those who had adopted more European-American ways. Many Native Americans believe their traditional systems of government were better for their culture.
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See also Cultural assimilation of Native Americans Henry Roe Cloud Native Americans in the United States Navajo Livestock Reduction Totem pole Footnotes Further reading
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Blackman, Jon S. Oklahoma's Indian New Deal. (University of Oklahoma Press, 2013) Clemmer, Richard O. "Hopis, Western Shoshones, and Southern Utes: Three Different Responses to the Indian Reorganization Act of 1934." American Indian culture and research journal (1986) 10#2: 15-40. Kelly, Lawrence C. "The Indian Reorganization Act: The Dream and the Reality." Pacific Historical Review (1975): 291-312. in JSTOR Kelly, L. C. The Assault on Assimilation: John Collier and the Origins of Indian Policy Reform. (University of New Mexico Press, 1963) Kelly, William Henderson, ed. Indian Affairs and the Indian Reorganization Act: The Twenty Year Record (University of Arizona, 1954) Koppes, Clayton R. "From New Deal to Termination: Liberalism and Indian Policy, 1933-1953." Pacific Historical Review (1977): 543-566. in JSTOR Parman, Donald Lee. The Navajos and the New Deal (Yale University Press, 1976)
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Philp, K. R. John Collier and the American Indian, 1920–1945. (Michigan State University Press, 1968) Philp, K. R. John Collier's Crusade for Indian Reform, 1920-1954. (University of Arizona Press, 1977) Philp, Kenneth R. "Termination: a legacy of the Indian new deal." Western Historical Quarterly (1983): 165-180. in JSTOR Rusco, Elmer R. A fateful time: the background and legislative history of the Indian Reorganization Act (University of Nevada Press, 2000) Taylor, Graham D. The New Deal and American Indian Tribalism: The Administration of the Indian Reorganization Act, 1934-45 (U of Nebraska Press, 1980)
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Primary sources Deloria, Vine, ed. The Indian Reorganization Act: Congresses and Bills (University of Oklahoma Press, 2002) External links Indian Reorganization Act - Information & Video - Chickasaw.TV United States federal Native American legislation United States federal Indian policy Aboriginal title in the United States Native American law Native American history New Deal legislation 1934 in American law 1954 in American politics Assimilation of indigenous peoples of North America History of indigenous peoples of North America
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Theo Maximilian Berger (25 January 1941 – 20 November 2003) was a notorious Bavarian criminal, best known for his numerous escapes from prison. Despite escaping four times, Berger spent 39 years in jail and eventually committed suicide there. Berger had been sentenced to a collective 137 years in jail. In 1986, he became the subject of a documentary titled Der Al Capone vom Donaumoos (English: The Bavarian Al Capone) and later wrote his memoirs, which were smuggled out of Straubing prison. In 2006, he also became the subject of a theatre play in Neuburg an der Donau titled Bruchstücke (). In his time, Berger received a number of nicknames, among them Al Capone vom Donaumoos, König der Ausbrecher (English:King of the jail breakers) or Der schöne Theo (English:The beautiful Theo). He was at times compared to some of the other legendary Bavarian criminals and robbers, the Räuber Kneißl and the Bayerische Hiasl.
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Biography Berger was born in 1941 in Ludwigsmoos, a small village near Schrobenhausen in what is now the district of Neuburg-Schrobenhausen. He was the son of a farmer. He was the second of nine sons. One of his brothers was later shot by the police.
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Berger was described as of a rebellious nature in school, hitting back at the local village priest when he tried to discipline him. Shortly after turning 18, Berger was sentenced to three years in jail for minor offences, in the belief that it would break him. Berger's punishment, in retrospect, was seen as far too harsh for his early crimes and resulted in him developing a hatred for the authorities. After his release he was re-arrested within four months, this time for car theft. Later attempts to start a non-criminal life failed, being accused of theft when he was innocent, lacking a drivers' licence to carry out his job and finding his wages confiscated to pay for his illegitimate children. In 1965, Berger escaped from the local police station in Schrobenhausen after having been arrested for a fight by jumping out of a window on the first floor, stealing a bicycle and cycling to Ludwigsmoos, where friends cut off his handcuffs.
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In 1968, Berger was sentenced to 15 years in prison for bank robbery, which he was to spend in the high-security jail at Straubing. He quickly came to realise that Straubing was not as secure as its reputation, as he himself was able to carry a hacksaw in his suitcase on arrival. He used this hacksaw for his first escape, when on transfer in Munich. He was confronted by the police in March 1969 and arrested after firing and injuring a police officer. Berger later claimed in his memoirs that the hate with which he was prosecuted by the police made him fire at the officers.
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He returned to his home area, the Donaumoos, after this escape despite this being the most searched place by the police. Berger's life, by his own admission, was always moving between the Moos and prison. Berger was cleverly able to evade the police and earned secret admiration and support for this. The home of his family in Ludwigsmoos became a tourist attraction. However, after his shots at a police officer in 1969, Berger did lose a lot of support in the region. His admirers saw in him somebody that took from the rich and never actually killed anyone. Berger was often purposely playing cat-and-mouse with the police. He would call up the local police station and inform them that he had just stolen a car, was going to refuel it and then was ready to be chased.
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After each escape, Berger was caught eventually and his court cases, held in Augsburg, became pilgrimages for the local population from the Donaumoos. By his own admission in his memoirs, Berger was always able to receive keys for his cell in Straubing and a gun when he wanted. He even once toyed with the idea of passing a gun to the Red Army Faction terrorists Knut Folkerts and Bernd Rößner after seeing them in the courtyard of the Straubing jail. He eventually handed in his guns to the Bavarian justice department in the hope of being allowed to receive medical treatment outside of jail; he was refused. He made his fourth escape in September 1983, when he escaped through a toilet window as part of a group of inmates who visited the Straubing Zoo. His escape lasted for only eleven days; he was arrested without resisting on a bridge over the Danube in Ingolstadt, afraid the police would shoot him otherwise.
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Berger, in his later life in prison, suffered from a rare form of blood cancer. By 1989, his weight had dropped to 60 kg and he suffered from speech impediments because of long periods of isolation. He was released from prison in 1985 because of his illness, but Berger and accomplices Otto Hinterlechner were the main suspects in a bank robbery in March 1986. The two were eventually confronted by the police and arrested after a shootout with the police.