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A Legal Practitioner’S Guide To Indian And Tribal Law Research, Kelly Kunsch
A Legal Practitioner’S Guide To Indian And Tribal Law Research, Kelly Kunsch
Faculty Articles
This article is a guide to legal research with the specific goal of assisting practitioners. The typical practitioner would be an attorney, but many professionals who work within the arena of Indian and tribal law may not have the formal legal training that attorneys do. The article is a discussion of the resources available to research the law, the issues that often arise in the area, and the approaches to take in applying the resources to the issues. It is not a classic bibliography listing resources (often alphabetically), and is not intended to be comprehensive in the resources mentioned. Acknowledging …
A Dark Side Of Virtue: The Inter-American Court And Reparations For Indigenous Peoples, Thomas Antkowiak
A Dark Side Of Virtue: The Inter-American Court And Reparations For Indigenous Peoples, Thomas Antkowiak
Faculty Articles
"The Inter-American Court of Human Rights has now developed a significant jurisprudence on indigenous peoples, far more extensive than the case law of the other regional human rights tribunals. Also, unlike the various United Nations institutions that promote indigenous rights, the Inter-American Court issues binding and detailed judgments. As a result, the Court has become a global leader in the adjudication and redress of indigenous claims. For this reason, this first close and critical examination of the Court’s reparations for indigenous peoples is vital. With respect to non-monetary remedies, the Court has ordered the restitution of communal lands and other …
Fishable Waters, Catherine A. O'Neill
Fishable Waters, Catherine A. O'Neill
Faculty Articles
This article discusses the implications of tribes' treaty-secured rights to take fish for current efforts to set water quality standards in Washington and elsewhere in the Pacific Northwest. Among other things, this article considers the impact of ongoing treaty rights litigation, including the landmark ruling in the "culverts" case handed down by the Western District of Washington in March, 2013. Although this article focuses on agency decision making in the tribal context, it recounts a debate that has often been framed by arguments that are familiar from more general discussions of risk-based regulation. In fact, these generic arguments are often …
Rights, Resources And Rhetoric: Indigenous Peoples And The Inter-American Court, Tom Antkowiak
Rights, Resources And Rhetoric: Indigenous Peoples And The Inter-American Court, Tom Antkowiak
Faculty Articles
In 2012, the Inter-American Court of Human Rights handed down Sarayaku v. Ecuador, a crucial decision on indigenous rights. This article considers how the Sarayaku judgment impacts the Court’s case law on indigenous lands and resources, and evaluates that jurisprudence as a whole. Examining the cases, it becomes evident that the Tribunal now connects a number of key indigenous rights to the right to property, Article 21 of the American Convention on Human Rights. When traditional lands are involved, the right to property has become the Court’s structural basis for indigenous rights. For significant reasons, however, the right to property …
Supra Synopses, Ryan W. Dumm, Laura Turczanski
Supra Synopses, Ryan W. Dumm, Laura Turczanski
Seattle University Law Review SUpra
No abstract provided.
Comments Of The Center For Indian Law & Policy On Washington’S Fish Consumption Rate Technical Support Document, Catherine O’Neill
Comments Of The Center For Indian Law & Policy On Washington’S Fish Consumption Rate Technical Support Document, Catherine O’Neill
Faculty Articles
Comments Submitted to the Washington State Department of Ecology.
Conducting Research With Tribal Communities: Sovereignty, Ethics, And Data-Sharing Issues, Catherine O’Neill, Anna Harding, Barbara Harper, Dave Stone, Patricia Berger, Stuart Harris, Jamie Donatuto
Conducting Research With Tribal Communities: Sovereignty, Ethics, And Data-Sharing Issues, Catherine O’Neill, Anna Harding, Barbara Harper, Dave Stone, Patricia Berger, Stuart Harris, Jamie Donatuto
Faculty Articles
When conducting research with American Indian tribes, informed consent beyond conventional Institutional Review Board (IRB) review is needed because there may be potential for adverse consequences at a community or governmental level that are unrecognized by academic researchers. This paper reviews sovereignty, research ethics, and data-sharing considerations when doing community-based participatory health-related or natural resource-related research with American Indian nations and presents a model material and data-sharing agreement that meets tribal and university requirements. Only tribal nations themselves can identify potential adverse outcomes, and they can do this only if they understand the assumptions and methods of the proposed research. …
Protecting The Tribal Harvest: The Right To Catch And Consume Fish, Catherine O’Neill
Protecting The Tribal Harvest: The Right To Catch And Consume Fish, Catherine O’Neill
Faculty Articles
This article transcribes a presentation delivered by Professor O’Neill at the EPA-Tribal Leaders Summit, hosted by the Confederated Tribes of the Umatilla Indian Reservation, August 21-25, 2006. This article maintains that the call to protect tribal harvests—to ensure healthy and robust fisheries—is at the core of the sovereign compact between the United States and the various Native nations. The United States is, in fact, legally obligated to uphold this compact, manifested prominently in the treaties. The United States and the states are also legally bound to remedy a long history of attempts to assimilate and discriminate against Native peoples and …
Risk Avoidance, Cultural Discrimination, And Environmental Justice For Indigenous Peoples, Catherine O'Neill
Risk Avoidance, Cultural Discrimination, And Environmental Justice For Indigenous Peoples, Catherine O'Neill
Faculty Articles
This article begins with the recognition that environmental justice for Native peoples requires attention to the interrelated cultural, spiritual, social, ecological, economic, and political dimensions of environmental issues. It observes, moreover, that “environmental justice requires an appreciation of each tribe’s particular historical circumstances and contemporary understandings, including each group’s aspirations for the flourishing of its culture.” It contends that some environmental decision makers and commentators have increasingly come to embrace “risk avoidance” – strategies that call upon risk-bearers to alter their practices in order to avoid the risk of environmental harms – in lieu of risk reduction – strategies that …
Variable Justice: Environmental Standards, Contaminated Fish, And "Acceptable” Risk To Native Peoples, Catherine O'Neill
Variable Justice: Environmental Standards, Contaminated Fish, And "Acceptable” Risk To Native Peoples, Catherine O'Neill
Faculty Articles
This article begins with the observation that “[f]ish, especially salmon, are necessary for the survival of the Native peoples of the Pacific Northwest, both as individuals and as a people.” It considers conventional approaches to regulating contamination of the waters that support the fish on which these peoples depend, and finds that the narrow focus on human physical health fails fully to comprehend the multiple dimensions of the harm to these fishing peoples. Importantly, this focus fails to appreciate the cultural dimensions of the harm. The article examines health and environmental agencies’ standard-setting practices and challenges their failure to account …