Enduring Legacies Native Case Studies

Theme

Law and Justice


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!The Yakama Nation and the Cleanup of Hanford: Contested Meanings of Environmental Remediation

Author:Daniel A. Bush

In 1988 the former Hanford Nuclear Reservation in southeastern Washington was designated a Superfund site, and the federal government assumed the responsibility to clean the area of contaminants and toxic waste and make it safe for human use. This case investigates the complex relationship of Native Americans to that cleanup effort. More specifically it looks at the role of the Confederated Tribes and Bands of the Yakama Nation in the cleanup process, and while doing so raises questions about environmental security, justice and ethics, contested concepts of the cleanup and its aftermath, and severe challenges regarding treaty rights and obligations.

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.

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!Wet, Dry, or Damp

Author:Mary T. Weiss

Since before statehood Alaskan communities have been plagued with widespread alcohol related crime, violence, health issues, and death. The “local option” approach to addressing access to alcohol in Alaska became law through Title 4 of the Alaska Statues in 1981. “Local option” communities may exercise a local option to modify the State laws regarding alcohol importation, sales, and possession for their own community. Becoming a “local option” community is voluntary but an overwhelming majority of “local option” communities are rural and have a predominately Native population. In 2009, one of the “local option” communities voted to end its “local option” status. This case study provides a framework to examine the cultural, political, commercial, social, and health issues related to alcohol use in rural Alaska.

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.

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.

A Place to Live, A Place to Heal

Author:Ane Berrett

This case examines out of home placement for Native American Children. It tells the story of a Native American girl and her extended family who are caught in family dynamics resulting from intergenerational trauma. In their attempts to resolve this situation they access the “systems of care” approach and the Indian Child Welfare Act to provide stable after care placement. “Systems of care,” sometimes referred to as “wrap around services,” is a philosophy promoted by the US Department of Health to provide individualized, community based and integrative service. The Indian Child Welfare Act is a federal law that Congress passed in response to the alarmingly high number of Indian children being removed from their homes by both public and private agencies. This case explores how these mental health systems and the Indian Child Welfare Act are challenged and applied in the best interest of a young Native American girl.

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.

Distributive Justice in Indian Country: Should Indian Tribes Share Casino Revenues?

Author:Sarah S. Works, J.D.

This case examines the philosophical concept of distributive justice and its role in debates about whether or not revenue from Native American casino operations should be shared, with whom, and why. This case illustrates the complexities associated with questions of distributive justice within Indian Country. Specifically, this case presents issues raised in tribal-state negotiations regarding whether tribal gaming revenues can or should be shared with either State governments or other Indian tribes.

Environmentalism Across Cultural Borders

Author:Sarah S Works, J.D.

This case examines competing views about environmental protection strategy among predominantly white, mainstream environmental advocacy groups and two major Indian tribes in the American Southwest. This case illustrates the complexities associated with nation building that relies on funds generated by natural resources development, and the dangers that exist when strategies for environmental protection collide between cultures. Specifically, this case presents the controversial decision of the Hopi Tribe to ban the Sierra Club and other mainstream environmental groups from its Reservation in 2009 and describes economic factors related to a coal economy that contributed to that decision.

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.

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.

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.

Ancestral Roots and Changing Landscapes: The Impact of Seattle's Development on the Salish People of Central Puget Sound

Author:Brian Footen

“No great city on the American continent has overcome so many natural obstacles encountered in its growth.” Clarence Bagley

Since the dawn of the Industrial Revolution, industrial societies throughout the world have marginalized and eventually overtaken aboriginal cultures that had lived for centuries, in many cases thousands of years. Still today in the name of industrial progress landscape alterations like logging and the damming of rivers encroach on the few aboriginal societies left in the world. Over a century and a half ago indigenous cultures of the Puget Sound region of the Pacific Northwest were overwhelmed by the forces of urbanization and industrialization. This case describes the landscape changes made to build the City of Seattle, the impact those changes had on the original inhabitants, and what might now be done for the original inhabitants to live within this radically altered landscape.

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?

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.

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.

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.