Open Access. Powered by Scholars. Published by Universities.®
University of Washington School of Law
Washington Journal of Social & Environmental Justice
Oral tradition evidence (OTE); rules of evidence; hearsay; Native American Graves Protection and Repatriation Act (NAGPRA); Indigenous Peoples
Articles 1 - 1 of 1
Full-Text Articles in Law
Toward Mutual Recognition: An Investigation Of Oral Tradition Evidence In The United States And Canada, Kalae Trask
Toward Mutual Recognition: An Investigation Of Oral Tradition Evidence In The United States And Canada, Kalae Trask
Washington Journal of Social & Environmental Justice
United States (“U.S.”) courts have long failed to recognize the value of oral traditional evidence (“OTE”) in the law. Yet, for Indigenous peoples, OTE forms the basis of many of their claims to place, property, and political power. In Canada, courts must examine Indigenous OTE on “equal footing” with other forms of admissible evidence. While legal scholars have suggested applying Canadian precedent to U.S. law regarding OTE, scholarship has generally failed to critically examine the underlying ethos of settler courts as a barrier to OTE admission and usefulness. This essay uses the work of political philosopher, James Tully, …