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Indigenous, Indian, and Aboriginal Law

Seattle University Law Review

1999

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The World Is Their Oyster? Interpreting The Scope Of Native American Off-Reservation Shellfish Rights In Washington State, Jason W. Anderson Jan 1999

The World Is Their Oyster? Interpreting The Scope Of Native American Off-Reservation Shellfish Rights In Washington State, Jason W. Anderson

Seattle University Law Review

This Comment explores the shellfish issue in light of the Stevens Treaties and their historical context, the rules of treaty interpretation, the relevant treaty fishing cases, and the recent court decisions on the shellfish issue. Part II.A explores the magnitude of the debate, the historical background of the case, and identifies the parties involved and their diverging interests. Part II.B describes the traditional methods and rules of treaty interpretation and recognizes their application in this case. Part II.C examines the treaty fishing cases that established much of the precedent that governed the shellfish case. Part II.D outlines the relevant holdings …