Enduring Legacies Native Case Studies

Discipline

Political Science and Public Administration

New!Should Indian Sports Mascots Be Repealed?

Author:Gary Arthur

Concerns about racism, a lack of sensitivity to diversity, stereotyping, sexism, oppression, and lack of Native American entitlement make up a partial list of issues raised in connection with the use of Native American mascots. Those who support mascot use contend that these mascots praise the traditions and culture of the Native Americans. Language supporting the monitoring or banishment of Native American (NA) mascot use has been introduced in the courts, in school districts, and in at least one national athletic association. Besides the list of concerns voiced by those who oppose the use of NA mascots, the issue of indigenous peoples being entitled to identify for themselves how symbols of their culture are interpreted seems to be pivotal in dealing with this conflict, and may even be the focal point at which groups can begin to reach some type of understanding or agreement.

New!Back to the Future: Dam Removal and Native Salmon Restoration on the Elwha River

Author:Brian Footen and Jovana Brown

Dams on the Elwha River in Washington State have blocked salmon migration for one hundred years. These dams are now being removed. The Lower Elwha Klallam Tribe is looking forward to having its treaty rights to fish from the Elwha River restored. This case examines two approaches for restoring harvestable, viable, and self-sustaining salmon runs to the River.

New!Culturally Appropriate, Rigorous Evaluation of Tribal Services: Mount Sanford Tribal Consortium Healthy Relationships Project Evaluation

Author:Terry Cross

This study describes an evaluation of the Mount Sanford Tribal Consortium (MSTC) Healthy Relationships Project undertaken by the National Indian Child Welfare Association (NICWA). MSTC approached NICWA to provide evaluation services for the Healthy Relationships Project when their initial evaluator proved a poor fit and the need for a culturally competent evaluator became evident. When NICWA stepped in to provide MSTC evaluation services, they proposed a new, culturally-appropriate methodology for the process evaluation (providing evidence of completion) and outcome evaluation (examining evidence of worth). The outcome evaluation relied on a mixed method design which included group discussions, surveys, individual interviews, and individual case studies. The process evaluation relied on mixed quantitative and qualitative methods, including: systematic document review, staff and management interviews, on-site observations and participant reaction, and satisfaction surveys and participant and staff interviews. The process evaluation outcomes for the project are described in detail.

New!Dilemmas and Solutions in Tribal Child Welfare: A Case for Customary Adoption

Author:Terry Cross, Sarah Kastelic, and Kathleen Fox

: This two part case study opens with a fictional example of what life is like for grandparents who are struggling to balance the love of their daughter and the long term safety and wellbeing of their grandchild. Part one examines the challenges that family members might face when they step forward to help and the very real and emotional decisions that have to be made regarding permanency for the long term well being of the child. Part two examines the cultural underpinnings of legal and cultural concepts that underlie permanency. Tribal culture has traditionally placed children whose parents are unable to care for them with relatives and extended family members without severing the bonds of kinship and love between parent and child. However, in modern times, in order for adoptive homes to be recognized by state and federal funding and child welfare authorities, termination of parental rights (TPR) has been required. Most tribes reject termination of parental rights culturally, and many have had solely negative histories with foster care and adoption such that they shun the concept. Some have taken the initiative to create their own versions of adoption based in their traditions.

New!Systems of Care in Tribal Communities

Author:Amanda Cross-Hemmer

This case explores the complexity of serving Native American children with severe emotional disturbances (SED). Part I examines the prevalence of mental health problems in Native American children and adolescents and the availability of appropriate mental health services in American Indian communities. The movement toward a system of care model for treatment of SED, where fractured services are weaved together to more effectively serve children with serious mental health needs in resource-challenged environments, is also described. Part I tells the story of the development and implementation of the Circles of Care program, which allowed tribes and tribal organizations to create plans for culturally appropriate systems of care. In Part II, the case concludes with two fictional examples of what life is like for a family with a child experiencing a SED.

New!Whose Rights Count? Confronting Violations of the Indian Child Welfare Act

Author:Terry Cross and Sarah Kastelic

This case explores the historical and ongoing need to keep American Indian/Alaska Native children protected in their families and communities whenever possible. Part I is a real life child custody scenario that involved the Leech Lake Band of Ojibwe. It illustrates the need for and provisions of the Indian Child Welfare Act of 1978 (ICWA). Part II provides a policy context for the scenario, summarizing the impetus for ICWA and key provisions, including: eligibility (when ICWA applies), tribal notification, tribal jurisdiction, and placement preferences. The case closes with steps to take if ICWA is not being properly followed in an eligible child custody case.

New!Exercising Tribal Sovereignty Through Sports: Iroquois Nationals Lacrosse

Author:Sarah S Works, J.D.

This case examines the concept of citizenship for individual members of sovereign Native Nations located within the exterior boundaries of the Unites States of America. This case illustrates the complexities associated with the exercise of sovereign powers regarding tribal citizenship, especially in the context of international travel. Specifically, this case presents the controversial decision of the British government in the summer of 2010 to deny travel visas to members of the Iroquois Nationals lacrosse team who were trying to travel to from the United States to Manchester, England for the world championship lacrosse tournament.

New!Confronting Racism: Treaty Beer Comes to Washington State

Author:Michelle Aguilar-Wells and Barbara Leigh Smith

This case tells the story of disputes and organizing efforts over Indian treaty rights in Wisconsin and Washington state and an attempt to sell a beer in Washington State in the late 1980’s that came to be labeled as “hate in a can.” Dean Crist, a pizza parlor operator from Minocqua, Wisconsin came to Washington with a campaign to stop what he called treaty abuses by American Indians by introducing “Treaty Beer.” This mobilized Indian and non-Indian groups and led to high level political discussions about what should be done. One of the authors of this case was the Executive Director of the Governor’s Office of Indian Affairs at the time this event occurred.

New!Pacific Northwest Salmon Habitat: The Culvert Case and the Power of Treaties

Author:Jovana J. Brown, PhD and Brian Footen

American Indian tribes in the Pacific Northwest signed treaties with the federal government in the 1850’s that preserved their right to fish in their “usual and accustomed” fishing grounds. The tribes have had to continually fight to have this right recognized. U.S. v. Washington, 1974, the Boldt decision, upheld this fishing right and ruled that the tribes were entitled to 50% of the harvestable portion of salmon returning to their usual and accustomed grounds. Though this historic court decision enabled the Indians to legally fish, the decline of the salmon has meant that the importance of this decision has been eroded. For the last three decades the tribes have worked to preserve salmon runs by protecting and restoring fish habitat. The tribes are in a unique position to advance habitat restoration on a landscape scale. Restoring fish passage in streams throughout the state is an example of how the power of the treaties can facilitate salmon recovery significantly. In 2001, they went into federal district court with a specific habitat lawsuit: the culvert case. The decision in this case has been called the most significant victory for tribal treaty fishing rights since the Boldt decision.

New!Back to the Bison: The Confederated Salish & Kootenai Tribes and the National Bison Range

Author:Linda Moon Stumpff

Thirty years after taking over the reins of forestry, recreation, wildlife and other natural resource operations on their reservation lands, the Confederated Salish and Kootenai Tribes (CSKT) established a reputation for environmental leadership in wildlife, wilderness, recreation and co-management. As students work through “Back to the Bison,” they participate in strategic decision-making from the perspective of how CKST made decisions about their relationship to the bison and to the surrounding lands, including the National Bison Range (NBRC). These relationships bring the Tribes into the process of evaluating the science of genetics and their own traditional ecological knowledge. Modern wildlife management practices based on western science are at issue and create opportunities for lively debate. This case provides opportunities for students to build research skills by reading and evaluating articles on genetics and the role of science and traditional ecological knowledge in wildlife management.

Aboriginal Education Funding: Who’s In Control?

Author:Alex Marshall

A budgeting decision made by a Board of Education in a school district in British Columbia, Canada helped address serious budget shortfalls in the School District but it became the basis of conflict between the school district and the Aboriginal communities. They felt the Board had not honored its commitment to support the Enhancement Agreement, a five year educational plan signed in partnership with Aboriginal communities, to improve Aboriginal student success. The Board’s decision to appropriate $44,000 of funding targeted for Aboriginal programs without consulting Aboriginal community representatives retriggered community mistrust of school systems and raised anew concerns about prejudice and racism. This case can be taught as an interrupted case with discussion at the end of Part 1 and then Part 2.

Boundless Water and Bounded People: The Cultural and Social Implications of Shellfish Closures in Boundary Bay

Author:Emma S. Norman, Ph.D.

This case explores the closure of shellfish harvesting in Boundary Bay, a small body of water in the Salish Sea of the northwestern continental United States and southwestern Canada. At one time, this bay was one of the most productive shellfish harvesting locations on the Pacific coast. Coast Salish communities relied successfully on these waters for centuries as primary sources of food. However, degraded upland environment and bacterial contamination prompted governmental officials to close the area for harvesting in 1962. In Washington, the bay only recently opened for restricted use; it remains closed in British Columbia.

The Boundary Bay case presents several important themes regarding Native science, particularly within a transboundary context. First, the Boundary Bay case underscores the difficulty in maintaining a traditional food source in a contemporary environment. Second, the case reveals how jurisdictional fragmentation complicates the management of flow resources, such as water. Third, this case explores the practical considerations of ‘governing resources’ for First Nations communities who are often required to operate in a system, which requires expertise and training in a vocabulary and discourse foreign, and perhaps, counter-ethical to their belief system. Fourth, by way of looking forward, the case highlights the work of the

When Our Water Returns: The Gila River Indian Community and Diabetes

Author:Jovana J. Brown

The Gila River Indian Community (GRIC) of Arizona has the highest rate of diabetes in the world. Before white settlement of their homeland in central Arizona, their ancestors had an abundant water supply and a flourishing agricultural lifestyle. In the late 19th and early 20th century, non-Indian water use completely cut off their water supply. This depletion led to many years of starvation and then to a diet of highly processed foods that some say is responsible for the obesity and diabetes in the GRIC. After many years of negotiation, a water-rights settlement has been reached to return water to the ownership of the Gila River Indian Community. Research has shown that a diet that resembles the one that their ancestors ate when they were an agricultural people combined with increased physical activity can reduce the rate of obesity and diabetes. Will the return of their water enable the GRIC to return to their past agricultural practices? Can the members of this southern Arizona tribe again raise the kinds of crops as they did in the past? Can their previous healthy lifestyle of generations ago be restored?

On Being a Man: The Private Matter of Domestic Violence Against Men

Author:Mary Big Bow

Domestic violence against women is estimated at 1.3 million incidents annually,[Tjaden & Thoennes, 200] It is clear this is a great problem on many levels. However, another problem that is greatly underestimated is violence against men by their partners. One study says an estimated 835,000 men report violence against them by their partners. Research is hugely lacking in determining the true numbers of males battered by their partners. This case explores the social problem of family violence and the experience of violence against men. Is domestic violence a gender issue? What are the underlying causes and what are the consequences of domestic violence?

Tse-Whit-Zen: An Ancient Klallam Village Reclaimed… Territory Taken but not Forgotten

Author:Arlene Wheeler and Barbara Leigh Smith

This three-part interrupted case tells the story of an extraordinary archaeological find, the ancient tribal village, Tse-whit-zen, during the construction process replacing the Hood Canal Bridge. This case offers important insights on inter-governmental decision-making and cultural preservation. Part 1 of the case provides background on the Bridge replacement project and the early stages of the planning process. This part of the case is written largely from the point of view of the Washington State Department of Transportation (WSDOT). Part 2 is written from the standpoint of a member of the Lower Elwha Klallam Tribe as the discovery of the ancient village unfolded and everyone struggled with the impact of that discovery, trying to balance cultural considerations with the urgency surrounding the bridge replacement and the impact on the local economy. Part 3 of the case describes the most recent issues surrounding the case after the discovery of substantial numbers of human remains and the ensuring controversy about whether the project should be shut down.

Native Fishing Practices and Oxygen Depletion in Hood Canal

Author:Cole, Robert S.

This case examines the contribution of dumping chum salmon carcasses into Hood Canal to the lowering of dissolved oxygen in the Canal. A report by the Puget Sound Action Team and the Hood Canal Coordinating Council studied the contribution of different factors to low dissolved oxygen levels in Hood Canal. This report presented the Skokomish Tribal Nation with a potential public relations issue regarding their traditional practices of dumping the chum salmon carcasses into the Canal. Students are challenged to discuss recommendations about what actions the Skokomish Nation should take based upon the findings of the report, upon issues of economic impact on tribal fishers, and upon issues of equity in addressing environmental problems.

Salmon and Contamination in the Columbia River

Author:Lambert, Lori

Thousands of years ago the lands and rivers around Celilo Falls were huge trading areas where as many as 5000 people would come to trade for Salmon. It was a time for abundance and socialization. In the later part of the 1950s, after the development of hydroelectric dams on the Columbia, the tribal people lost the sacred falls, their Salmon, and their way of life. Today, the Columbia River is used as a major transportation artery as well as a source of hydroelectric power. The waters of the Columbia River are contaminated, dams have slowed the flow of the river, and in some cases the migration of the Salmon is impeded. The Salmon are contaminated with hundreds of toxins and the people who eat them are suffering from cancer and other ailments.

The Last Stand: the Quinault Indian Nation's Path to Sovereignty and the Case of Tribal Forestry

Author:Stumpff, Linda Moon

This case tells a story of forestry management policies on the Quinault Reservation. In the early years, the Office of Indian Affairs (OIA) and later the Bureau of Indian Affairs (BIA) acted like a landlord, allocating large timber sales to non-Indian timber companies. The Dawes Act fragmented the Quinault Reservation into many small individually owned allotments: the Tribe retained little for the general purpose. Years of mismanagement of Reservation forest lands by the BIA left devastated lands and waters. Legislation and actions by leaders like Joe De La Cruz pushed the envelope to reform the U.S. tribal trust relationship, eventually returning land use decision-making to the Quinault Indian Nation. The Tribe took over planning, timber sales, and decision-making for forestry as they came to work in partnership with the BIA and neighboring agencies. The challenge was great---large areas of the landbase were cut-over. New decisions about forestry management were made to acquire allotted lands and to transfer them into the tribal ownership so they could be restored.

Native Gaming in the US

Author:Hai-Jew, Shalin

Native gaming has been a part of the US landscape for decades. This case examines this phenomena through an economic, social-cultural and political lens.

Case 1: "All In? Economic Factors to Consider in Native Gaming"
The economics frame focuses on the context of the need for economic development on Indian reservations. This offers a range of considerations for Native economic development. It also looks at the pros and cons of Indian gaming as an economic choice within a full economic development strategy. This asks learners to consider issues of economic development and empowerment.

Case 2: "Smallpox or the New Buffalo: What's the Right Analogy for Indian Gaming?"
The social and cultural frame surfaces issues of traditional beliefs and Native identity, the projection of authentic tribal culture, and the importance of tribal unity historically. This case asks learners to consider how to maintain these values in an environment of economic globalization, which may force the issue of economic development and Native American self-sufficiency.

Case 3: "Setting the Rules for Native Gaming"
The political frame uses a legal, policy and procedure focus to approach the regulation of Indian gaming. With relevant external laws and internal tribal ones, this political frame asks readers to consider important tribal leadership structures and policies to support effective Indian gaming.

Is Your Tribal Land Secure?

Author:Ralston, Larry, The Evergreen State College

This case tells the story of a longstanding land dispute between the Quileute Tribe and the Olympic National Park. The Tribe's search for a just solution is examined in the context of changing political and environmental circumstances. Emergency preparedness is an important dimension of this case which also highlights the ways in which disputes are negotiated and the various considerations at play.

Housing in Indian Country

Author:Marchand-Cecil, Cindy

Housing shortages are a critical issue that impact Indian people. Traditional housing loans are difficult, if not impossible, to obtain because Indian reservations because financial institutions, as a rule, cannot secure their loans through deeds to property on federal trust lands. Because of this, most reservations must rely solely upon federal funding for public housing. As a result of this and considerable migration back to tribal communities, most reservations experience an extreme shortage of homes that meet federal housing quality standards. Through this case, students can explore ways that tribes can advocate to revise polices and enhance existing structures that result in developing vibrant, healthy communities for Indian people.

Meth in Indian Country: A Call to Action

Author:Marchand-Cecil, Cindy

Those who provide social services in the homes of community members are oftentimes overwhelmed at the dysfunction in family systems. Personal experiences become a call to action both to bring attention to the issues, but also to find ways to address and resolve them. The impact of methamphetamine use and the way it harms children and families is one such social problem. While dealers have permeated the country with illicit drugs, the situation has become an epidemic in Indian Country. Looking at this problem through the eyes of a social service provider who works a local nonprofit social service organization in rural Thurston County, Washington, this case explores the roots of the methamphetamine problem in Indian Country, and shares various strategies at the federal and local level to deal with it.

Reclaiming Native Women's Health Through Community

Author:Ackley, Kristina

Getting communities healthy is a major challenge facing Indian Country. Tribes and organizations that serve Indian people have struggled to alleviate disproportionate rates of health-related problems, both on the reservation and in urban areas. This case study introduces students to the ways health concerns of Native women are inextricably tied to colonialism, particularly in the area of prenatal and well-child care. Tribal health clinics working closely with community organizations can provide a promising way to improve Native women's health and empower tribes. Students will analyze a fictional meeting in which several characters identify health disparities and envision ways to work more closely together. They then critically evaluate possible outcomes of the meeting including challenges and successes, and suggest areas for further research.

Sacred Sites Sustaining Tribal Economies: The Mescalero Apache

Author:Henderson, Martha L.

The Mescalero Apache traditional homelands were what is now known as central New Mexico. Sierra Blanca, along with three other mountains surrounding the White Sands area, was the territorial markers of their area. These mountains were a source of cultural identity, geographic navigation, and subsistence. Today, the Mescalero Apache Tribe occupies a reservation in central New Mexico. The reservation boundaries include Sierra Blanca. Sierra Blanca is a significant sacred site in Mescalero Apache culture. This case study investigates the intersection between sacred sites, traditional native identity, boundaries, and contemporary tribal economic development.

Tribes and Watersheds in Washington State

Author:Brown, Jovana J.

A new employee in the Natural Resources Division of X Indian Nation is asked to report on the Washington state Watershed Management Act of 1998. The question is should the tribe join this planning process? In order to make her report, Jane must learn about tribal - state relations, federal and state water policy, Indian federal reserved water rights, water law in Washington state, and the background to the legislation including the tribes participation in the Chelan Agreement in the early 1990's. This case takes the employee through the process of learning about these issues.

The Will of the People: Citizenship in the Osage Nation

Author:Dennison, Jean, University of Florida

This teaching case tells the story of Tony, one of nine Osage government reform commissioners placed in charge of determining the "will of the people" in reforming the government of the Osage Nation. Because of Congressional law the Osage Nation had been forced into an alien form of government for a hundred years. Recent legislation has reversed this and has recognized the Osage Nation's sovereign right to determine its own citizenship and form of government. As part of this case, students will analyze the highly charged debates over citizenship that took place during Osage community meetings. From these perspectives students will be asked to write referendum questions covering the central issues at stake with Osage citizenship. This case provides an opportunity for students to explore a range of issues including American Indian citizenship and sovereignty, the power and danger inherent in racial identity, and the process of community-based reform.

Making the High School Diploma Mean Something

Author:Smith, Barbara Leigh

In 1997 Washington, like many states across the nation, established a new framework for assessing student performance in K-12 education believing this was key to making the high school diploma mean something. The new standards, implemented through the WASL (the Washington Assessment of Student Learning), were gradually phased in but will eventually become graduation requirements. While student performance has improved, students of color continue to have lower achievement scores than other students. This case looks at a reservation community struggling with the question of how to improve student performance on the WASL and the various factors that might explain poor performance.

Child Care Considerations at the Skinny Raven Casino

Author:Gawlik, Dennis, Kate Lancaster, and Linda Lovett

This case looks at several of the key social justice and social equity issues surrounding the availability of health-care and child-care at a fictitious tribal casino. This casino supports a fictitious Native American tribe, the Xamish. The case examines the social impact of the business operation of a casino on its employees, particularly in the area of health care. This case reviews various aspects of social equity - employee turnover, financial and economic concerns, and tribal considerations. Students are challenged to discuss social justice and social equity impacts of a tribal-based business on individual employees as well as on the tribe it supports.

Sovereign Still From the Forest to the Plains

Author:Stumpff, Linda Moon

This case chronicles the Confederated Salish & Kootenai Tribes' success in implementing a policy to maintain administrative authority over their lands and natural resources. Set in the early period of the self-determination era, the Tribes confront federal policy to establish their own forestry and wildlife management plan. Their actions honor their culture while developing sustainable plans for their natural resources. The decision of the Tribal government in this case opens the way for broader land and natural resource management strategies for the future.

Waiting Patiently 500 Years

Author:Hurtado, Denny and Smith, Barbara Leigh

This case tells the story of the origin and passage of House Bill 1495 in the Washington State Legislature. This bill required the inclusion of tribal history, culture and government in the social studies curriculum in the public schools. The case discusses the process of implementing this bill as well. The case provides a good opportunity to study the policymaking process as well as issues in Indian education.

Whose History Should We Teach?

Author:Costantino, Magda and Hurtado, Denny

Washington State House Bill 1495 encourages school districts to incorporate curricula about the culture, history, and government of the nearest federally recognized tribe or tribes. The purpose is to familiarize the students with the unique heritage of their community. The case study of Whose History Should We Teach? suggests a curriculum that is a response to the mandate of the bill. It is based on a conversation that takes place in a teachers' staff room. A group of teachers expresses their deeply held beliefs about the possibility of developing a curriculum that presents Washington State history from the Native American perspective. They clash around their views of several historical milestones. Each question and each answer has a number of historical events embedded in them. The core of the curriculum is the research topics and the relevant discussion questions which guide students' learning. The intended learning outcomes state specifically what the students are expected to learn. The teaching notes describe the tasks that students will engage in, in order to investigate the issues. The curriculum can be used in K-12 or college with appropriate adaptations. It would be effective and appropriate for native as well as non-native students.