Enduring Legacies Native Case Studies

Theme

Tribal Membership, Enrollment and Citizenship


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?

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.

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.

Indian Identity in the Arts

Author:Kuckkahn, Tina

This case examines questions relating to the issues of Indian identity within the field of Native arts, both in terms of the creation of art and Native arts administration. The case looks at the Indian Arts and Craft Act of 1990 and the impact of the application of the law to Indian artists and Native arts service organizations. The question of "who is an Indian artist?" as defined by the Indian Arts and Crafts Act has legal, cultural and community implications. The question of "what is Indian art?" has many implications for the field of indigenous art and comprises a wide range of viewpoints.