Enduring Legacies Native Case Studies

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Activism


Waiting Patiently 500 Years–Washington Legislature Considers Requiring Tribal History in School Curriculum

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 early stages of the process of implementing this bill as well. The case provides a good opportunity to study leadership and the policymaking process in state legislatures as well as issues in Indian education.

New!Darkness to Dawn: Columbia River Native Tribes’ Science and Salmon Restoration Success

Author:Brian Footen

From the start of its 1243 mile journey in the Canadian Rockies all the way to the Pacific Ocean, the Columbia River drains the heart, soul and bounty of the Pacific Northwest. In this water is a history of a river and people that goes back 15,000 years. The bountiful water has supplied the world with food and energy. The development of the river for hydro-power and irrigation has played a critical role in modern history. This development, however, has come at great cost to the original inhabitants of the area and the primary resource that they thrived on: the salmon. The Nez Perce, NiMiiPuu, lived in the Columbia River basin for thousands of years. This existence was altered by the arrival of European settlers, and in 1855, the Nez Perce signed a treaty that defined an area over which they had jurisdiction and rights to the resources, including salmon, vital to their culture and survival. Since then salmon populations have declined. Dams and the resulting habitat degradation have had negative impacts on salmon survival. Some populations have been listed as endangered, and policies regarding how these fish are treated have complicated the recovery process. Recent efforts by the Nez Perce tribe, however, have shown that in spite of a mechanized river and political resistance, the river still has enough bounty to bring back a salmon run that was nearly extinct.

New!Your Tribal Land is Not Secure: Traditional Knowledge and Science Face Wildfire in the Valley of the Wild Roses

Author:Linda Moon Stumpff, PhD

Through the discussion of two tribal college students, this case begins an exploration of vulnerability and resilience after repeated and devastating fires as a result of drought and climate change at Santa Clara Pueblo in New Mexico. The Pueblo holds a rich store of traditional knowledge about the fire-prone ecosystems. This knowledge contributes to restoration efforts after a series of high-severity fires in the Jemez Mountains. Forested lands and wilderness shrines are lost, Santa Clara Creek and watershed suffer from erosion, and much of the Pueblo’s protected lands burned along with Pueblo archeological and cultural sites on public lands. Long ago, the Pueblo created a three zone management system that preserved the upper wild lands as a sacred source of water, protected the middle creek as an ancestral home, and created a homeland supported by sustainable agriculture in the Rio Grande Valley. Deep interviews and discussions with key tribal and western scientists provided sources for a case that explores how western science and Pueblo wisdom converge in interactions to restore around the Pueblo lands model.

New!The Aftermath of Redskins Indian Mascot Decisions: What’s Next?

Author:Gary Arthur

For decades Indian mascot names have been generally regarded as stereotypical and racist. Because of the divisive nature of Native American mascots, school systems from middle school through college level have in the past and are now coming to terms with changing these names. The “Redskins” mascot name is particularly offensive. A number of high schools have dropped the Redskin mascot name, but the decisions, procedures, judgments, and residual effects of change within these school systems and communities differ. What happens after a mascot change and how this impacts communities who for many decades used these names in their school systems is an area that can be as critical as the decision to change itself.

New!What should be displayed? Native arts in museums and on the runways

Author:Melanie King

This case study considers questions of how, what, and where Indigenous arts should be displayed and the responsibility museums and other public institutions have in representing other cultures. This case will also address cultural appropriation seen in popular culture as an extension of the issues created in part by collectors of Native arts in the public and private spheres and the result of divorcing Native objects from their original context. Additionally this case will explore how objections have been met and what this indicates about changing attitudes and values.

Honoring Our Children: Acceptance within the Indian Community

Author:Arviso, Vivian

This case study is about the creation of safe school environments that promote tolerance and diversity in Indian communities. Native students who have a sexual orientation or gender expression which their classmates perceive as different are often subjected to bullying and harassment and many do not complete their educational goals. Sadly, Lesbian, Gay, Bisexual, and Transgender (LGBT) students are 30% more likely to commit suicide than their heterosexual peers. The Story Problem is situated at a high school where a recent suicide has led an Indian student to take action to create a safe and welcoming place in the school for Indian and non-Indian LGBT students by having a support group. Student organizers hope to eliminate bullying and harassment of all students, affirm traditions and identities as Native peoples, and express acceptance to protect the lives of all students.

New!Whose Story Should Be Told

Author:Barbara Leigh Smith

This case tells the story of controversial murals in a prominent federal building in the historic Federal Triangle district in Washington D.C.  American Indian employees who work in the building, which is now headquarters of the Environmental Protection Agency, want the murals removed, saying they perpetuate inaccurate and demeaning stereotypes of Native Americans and create a hostile work environment.  The mural dispute raises issues about the connections between government and the arts and difficult questions about leadership, public policy, stereotypes, historical integrity, civil rights, and cultural politics.  These conflicts illustrate important issues of rights vs interests and the relationship between Native concerns and the so-called “national good.”

New!Alaska Native and American Indian Policy: A Comparative Case

Author:Linda Moon Stumpff

Federal policy directed to settle Alaska Native land claims was shaped in a later time period and in a much different demographic, ecological, and economic context than earlier federal Indian Policy. This study begs the question why, despite these major differences, the two policy streams resulted in similar outcomes when analyzed at the macro level with national statistics. At the same time, significant cases of successful outcomes for Alaska Natives and for American Indian Tribes of the Lower Forty-Eight challenge the hypothesis of similar outcomes. Alaska Natives and American Indian Tribes created unique and innovative programs in response to these policies. By changing the scope of policy analysis from broad aggregated statistical outcomes to a kaleidoscope of detailed cases we shift the analysis to ask questions about what kinds of indigenous responses to the general federal policy streams might be most effective. Many new questions arise. Would similar responses work for both Alaska Natives and the Tribes of the Lower 48? Do distinctive differences in effective policy responses exist depend on specific factors? What kinds of indigenous policy initiatives break the mold and open the way to success and sustainability?

New!Is diversity a mask or a bridge? The Indian mascot debate

Author:By Gary Arthur

For decades the Indian Mascot issue has fostered controversy across the land. Middle schools, high schools, colleges and universities and professional athletic organizations have wrestled with the issue. Port Townsend High School in Washington State is one of the schools coming to grips with its mascot name “the Redskins.” The community is in conflict about retaining or retiring the mascot name. Newly appointed Superintendent David Engle is no stranger to the conflict, having seen the same issue in the Edmonds School District where his children attended school. The Port Townsend School Board is determined to create “a fair, mature and respectful process for dealing with the sensitive issue.” This three part case explores the process of attempting to move the discussion of this issue from black and white, toward a deeper understanding of all sides. The case can be used as an interrupted case where each part is read and discussed separately or as a single session case.

The Twilight Saga and the Quileute Indian Tribe: Opportunity or Cultural Exploitation?

Author:Barbara Leigh Smith

This case explores the impact of a blockbuster series of books and films, “The Twilight Saga,” on the Quileute Indian Tribe and the small town of Forks, Washington. The Quileute Indian Reservation and the town of Forks are the setting for the “Twilight” series. Twilight is a story of teenage love between Bella Swan, and a vampire, Edward Cullen. The character, Jacob Black, portrayed as a member of the Quileute Tribe and a werewolf, is also vying for Bella’s affection. Numerous fan clubs have organized around Club Jacob and Club Edward. The case raises questions about the impact of popular culture and the dynamics of community economic development. The case also raises the question about whether this is a story of opportunity or cultural exploitation?

New!Water Quality, Environment and Ethics Under Conditions of Climate Change: Who Speaks for the San Francisco Peaks?

Author:Linda Moon Stumpff

This case explores a place where religion, culture, politics and science intersected in the San Francisco Peaks controversy. The controversy began in 1908 when the Peaks first became part of the Forest Service system. When the Arizona Snowbowl, a private resort concession, came to the mountain, pressures grew: corporate owners saw limitations of profit-making proposals as an unfair limitation. Expansionary developments threatened the religion and cultural practices of 13 Arizona Tribes. Concern for pristine natural values associated with the Peaks deepened after designation of the Kachina Wilderness Area in 1984. Drought and climate change strained the mountain’s role in recharging the Inner Basin, and the ski resort’s existence. This case deals with the conflict of values around religion, water, scientific interpretation and land use under conditions of climate change.

Co-Management of Puget Sound Salmon: How well does the Use and Collection of Shared Fishery Science between Tribes and the State Guide Resource Protection?

Author:Brian Footen

The history of salmon management in the Pacific Northwest is complex. Indigenous management of fisheries was partially incorporated into treaties but it took nearly 100 years for a legal framework for implementing the fisheries components of the treaties to be put into place. The restoration of Northwest Treaty Tribes fishing rights brought Native people the difficult task of working directly with the institution that had prosecuted treaty violations and discriminated against tribal fishers. The ability of the State and Tribes to work together to “co-manage” salmon stocks has improved over the years and has been spelled out in additional court decisions. However, difficulties still arise from institutional holdover views about tribal fishing rights and the belief that the State still has the overriding authority in resource management decisions. In addition, management objectives do not always mesh with the historic or contemporary cultural needs of tribal fishers.

New!Pebbles of Gold or Salmon of Time: Pebble Mine and the Cultural and Environmental Economics of Alaska Natives

Author:Brian Footen

Alaska’s Bristol Bay is home to the most productive salmon runs in the world. For over 9,000 years, the indigenous people of the region have survived because of the salmon. In 2005 the Pebble Mine Project was proposed by the Pebble Partnership (PLP). The project proposal is to extract massive deposits of copper, gold and other minerals from the mountains making up the headwaters of Bristol Bay. The proposal has polarized people within the Native communities of the region. This case explores the trade off that is often made when jobs and profit are pitted against environmental protection.

Can the needs for environmental protection and biodiversity and the needs of indigenous people be reconciled?

Author:Robert S. Cole

This case addresses the tension between preserving land for biodiversity health and preserving land for the needs of indigenous peoples. It examines some of the organizations that work for land preservation for biodiversity throughout the world, but who often do not take into account the needs, concerns and rights of indigenous peoples who inhabit regions sought for preservation. The starting point for the case is the paper “A Challenge to Conservationists” by Mac Chapin, published by the Worldwatch Institute in its November/December 2004 publication World Watch. The case can be used to examine one instance of indigenous peoples fighting for a voice in land preservation campaigns, or any of a number of different indigenous peoples with these issues.

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.

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.

Is Anybody Listening?

Author:Charles Luckmann

By relocating 15,000 Navajos, did the Navajo-Hopi Land Settlement Act, Public Law 93-531, violate the civil rights of Navajos living on the Hopi Reservation in northeastern Arizona? This case examines the law’s purpose, legal and historical antecedents, and alleged connections to mineral interests coveting the resources on Black Mesa. The case examines the lived experiences and cultures of the Navajos and Hopis affected by P.L. 93-531. It also examines the role the federal government, lawyers, and mineral interests played in precipitating the crisis. The case highlights those Navajos resisting the law. It examines their appeals to the U.S. judiciary for protection of their civil and religious freedoms, and why these appeals failed. The case is an example of how Western-based property law has undermined traditional Native American practices of collaboration and consensus.

Cape Wind and the Sacred Sunrise of the Wampanoag: A Victory for Whom?

Author:Kathleen M. Saul

This is a two part case. Part I of this case explores the technical aspects of the Cape Wind project: the use of turbines to harness the power of the wind and generate electricity, the key factors for wind farm location, and some of the environmental, cultural, and policy issues specific to the construction of Cape Wind. It concluded by asking the question, “Despite tribal resistance to the development, can the outcome of the events surrounding this project be considered a victory for Native American rights?”

Part II of the case begins many months later when it has become obvious that the initial optimism about the inclusion of Native Americans in the decision-making was very short-lived. After exploring the current status of the project, the case briefly demonstrates how existing Acts and legislation fail to protect Indian interests in situations like this one. The case concludes by asking readers to consider what types of actions might cause the government and perhaps even Cape Wind executives to reconsider the decision to build a wind farm in Nantucket Sound.

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.

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.

Alberta’s Oil Sands and the Rights of First Nations Peoples to Environmental Health

Author:Lori Lambert, PhD, DS

This case examines health and environmental issues of Alberta’s Cree First Nations and the rights of the Province of Alberta and lease-holders to develop the oil sands to extract petroleum. Although there are many environmental issues associated with the process of extracting the bitumen from the oil tar sands such as climate change, destruction of the boreal forest, and contamination of wetlands and muskegs, this case focuses on the tailings ponds and the environmental health issues that they are causing.

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.

skwadi’lic, Board Feet, and the Cedar Tree

Author:Kurt W. Russo, PhD

This case examines the way in which cultural frames of reference influence our perspective on what constitutes real and true knowledge of nature. The case provides a description of the aboriginal landscape of the Lummi Indians of Washington State that gave rise to and sustained their unique social imaginary and lifeway. The case then examines how the Lummi Indians have worked to protect the remaining old-forests that are integral to their cultural traditions. The case brings to light two main points: 1) how values and perceptions influence the interpretation of this information by land management agencies and 2) how values and perceptions are shaped—or marginalized—by culturally determined frames of references.

Impacts of Global Climate Change on Tribes in Washington

Author:Rob Cole

This case study is an introduction to the potential impacts of global climate change on some of the tribal lands in Washington State. It explores specifically the impacts of sea level rise on tribal lands in coastal regions, or in the Puget Sound region. The case is based upon the scientific evidence for global climate change, and the measured sea level rise in Seattle over the past century. The case examines the effects of winter storm surges coupled with high tides, as well as the increased rate of severe winter storms and associated flooding in river and estuary regions. This case is designed as a ‘clicker case’ to be used in conjunction with interrupted lecture or interrupted workshop formats of presentation.

Impacts of Global Climate Change on Tribes in Washington Part II

Author:Rob Cole

This case study is an introduction to the potential impacts of global climate change on some of the tribal lands in Washington State. It explores specifically the impacts of sea level rise on tribal lands in coastal regions, or in the Puget Sound region. The case is based upon the scientific evidence for global climate change, and the measured sea level rise in Seattle over the past century. The case examines the effects of winter storm surges coupled with high tides, as well as the increased rate of severe winter storms and associated flooding in river and estuary regions. This case is designed as a ‘clicker case’ to be used in conjunction with interrupted lecture or interrupted workshop formats of presentation.

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.

Bridging Two Worlds: Developing and Maintaining a Native American Center at a Public College

Author:Tina Kuckkahn-Miller, J.D. (Lac du Flambeau Ojibwe), Longhouse Director, The Evergreen State College

This case explores some of the issues, questions, challenges and strategies in planning and implementing a Native-based facility at an educational institution. This case draws on fifteen years of public service through Native arts administration at the Longhouse Education and Cultural Center at The Evergreen State College.

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.

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.

Addressing Climate Change at a Tribal Level

Author:Steve Robinson and Michael T. Alesko

A global issue poses particular challenges to indigenous peoples everywhere. How can tribes respond locally?

Global climate change arguably is an overwhelming and unavoidable environmental, social, political and economic issue which is already at a crisis stage and only becoming more so. Indigenous peoples are the first affected and in many cases among the most affected. They also have been among the most vocal proponents of solutions but their advocacies, as these peoples themselves, often are marginalized. This case study begins by examining the macro realities of the global climate change crisis as it pertains to indigenous peoples then segues into a more micro examination of why and how it can be addressed -- and is being addressed -- by Native American tribes, in particular in this case the Swinomish Tribe of Washington State. The Tribe is in the midst of the Swinomish Climate Change Initiative, a two-year project which in its own words is to "assess local impacts, identify vulnerabilities, and prioritize planning areas and actions to address the possible effects of climate change." An action plan and other long-range solution products are to emerge from the effort.

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.

Flathead Lake Fish and Methylmercury: Treaty Rights & Human Rights

Author:Lori Lambert, PhD, DS, RN

This case examines the presence of methymercury (MeHg) in Flathead Lake on the Flathead Indian Reservation in western Montana, home of the Salish, Kootenai, and Pend d’Oreille Peoples. The presence of MeHg is affecting the health of fish, osprey, tribal and community members. It is a particularly devastating problem for pregnant women as the developing fetus is particularly susceptible to the neurotoxic effects of methylmercury. It is time for action to address this environmental problem, but the solution to this issue is complex and raises a host of scientific, educational, and intergovernmental issues.

Since Time Immemorial: Developing Tribal Sovereignty Curriculum for Washington’s Schools

Author:Barbara Leigh Smith, Shana Brown and Magda Costantino

This case tells the story of the attempts to implement House Bill 1495 which passed the Washington State Legislature in 2005. This bill recommended inclusion of tribal history, culture, and government in the social studies curriculum in the K-12 education system. This bill was intended to address perceived widespread misunderstanding of American Indians’ heritage, history, and contributions to society. The bill passed but did not include any funding for implementation. This case discusses the efforts to secure funding for curriculum and staff development and the approaches that were used to develop a tribal sovereignty curriculum. The tribal sovereignty curriculum project occurred as a reform effort within larger reform efforts as the State attempted to improve the K-12 education system and comply with rising federal standards and expectations. The case raises a myriad of larger questions about making change as well as questions about educational innovation, policy implementation and educational equity. This case can be taught as an interrupted case with discussion at the end of each section or as a single case with discussion at the end of the case.

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?

Luna / Tsu-xiit the “Whale”: Governance Across (Political and Cultural) Borders

Author:Emma S. Norman, Ph.D., Northwest Indian College

This case examines the multiple discourses (identities) created around Luna, a lone juvenile orca (or killer whale, Orcinus orca) in the remote waters off of the northwest coast of Vancouver Island, British Columbia. This case illustrates the complexities associated with managing “resources” that transcend both political borders (in this case, the Canada-U.S. border) and cultural borders (Western - non-Western). The case compares the experiences of the Mowachaht/Muchalaht First Nation, which recognizes Luna (or, in the perception and language of the Mowachaht/Muchalaht, Tsu-xiit) as its chief incarnate, with those of governmental employees (Fisheries and Oceans Canada, or DFO) who are charged with the task of protecting marine life and habitat. The case illustrates how a single living being can hold multiple meanings to multiple people. In so doing, the story of Luna brings to light two main points: Modern conceptions of nature are constructed socially, and governance of shared resources requires an acceptance of diverse worldviews – particularly in the case Native and Western belief systems.

Silak: Ice and Consciousness. The Arctic and Climate Change

Author:Lori Lambert, PhD

Climate change is the number one threat to the 22,000 polar bears that remain in the world. Currently, polar bears are suffering from a loss of summer sea ice in the Arctic. Polar bears are dependent upon an Arctic sea ice environment for their continued existence. As sea ice is being reduced in the Arctic, the polar bears’ basis for survival is being threatened. Because the sea ice is melting earlier in the spring, polar bears are being forced to the land without building up sufficient fat reserves to survive until the next freeze up. By the end of the summer they are skinny bears and in places like the Hudson Bay in Canada their ability to successfully raise a litter is being jeopardized. Inuit people are also affected by warming climate. Their way of life and their culture is based on sea ice.

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.

Should the Navajo Nation Build a Coal-Fired Power Plant?

Author:Jovana Brown and Nora Trahant

This two part case examines the proposal of the Navajo Nation to build a coal-fired power plant to generate electricity on its land. Part A explores the reasons why the Navajo Nation wishes to build the plant.  Part B describes the opposition which questions whether it should be built. The Navajo Nation says that this plant will have the lowest emissions of any coal-fired plant in the United States and will bring important economic benefits to the Navajo Nation by providing jobs and a steady source of revenue.  President Joe Shirley of the Navajo Nation states that the Nation chose to pursue this project as an exercise of its sovereignty. Opponents of the plant, many of whom are Navajo tribal members, say that this plant should not be built.  They say it will add considerably to air pollution already in the area and constitute a serious health hazard.  In addition to Navajo tribal members, the Governor of New Mexico, the Ute Mountain Tribe, and local environmental groups oppose the project. 

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.

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.

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.

It's in Our Treaty: the Right to Whale

Author:Brown, Jovana J.

The Makah people have lived on the northwest part of the Olympic Peninsula for thousands of years and utilized the bounty of the seas. Their historical tradition of whaling can be traced back at least 1,500 years. When they signed the Treaty of Neah Bay in 1855 the Makah reserved the right to hunt whales. The Makah Nation resumed this whaling tradition in 1999 by harvesting a gray whale. Since this successful hunt the Tribe has had to continue to confront and overcome many involved legal and political obstacles to continue hunting whales. This case details the Makah's continuing efforts to resume whaling.

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.

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.

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.