Case Comment: Sauk-Suiattle Indian Tribe on Its Own Behalf and In Its Capacity As Sahkuméhu Ex Rel Tsuladxw V. City of Seattle

DOI

10.2991/978-2-38476-164-7_14How to use a DOI?

Keywords

Indian Treaties; Native Fishing Rights; Standing; Religious Freedom; Tribal Court Jurisdiction

Abstract

Recent events have brought indigenous peoples’ rights to the forefront of human rights discourse, from the aboriginals in Australia to the Adat communities in Indonesia. The U.S. maintains a difficult but unique relationship between the native people and the government. The continuing tension between the native Indian tribes and the non-native government and population, illustrates the unique sovereign and treaty relationship ensconced in the law. While there is voluminous literature discussing this relationship, a novel argument has been recently promulgated by the Sauk-Suiattle Indian Tribe in an attempt to force the mitigation of the deleterious effects of hydroelectric dams on Salmon populations. This comment analyzes the case and its numerous pre-trial rulings both to understand the voracity of the novel legal theory and more importantly to better understand treaty relationships between the native populations and the government. The analysis reveals that the case was correctly decided, lacking precedent and subject matter jurisdiction of tribal courts. Despite the ruling against it, the Plaintiff Tribe was able to make headway in salmon protection efforts.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Christopher Cason
PY  - 2023
DA  - 2023/12/21
TI  - Case Comment: Sauk-Suiattle Indian Tribe on Its Own Behalf and In Its Capacity As Sahkuméhu Ex Rel Tsuladxw V. City of Seattle
BT  - Proceedings of the 3rd International Conference on Law, Governance, and Social Justice (ICoLGaS 2023)
PB  - Atlantis Press
SP  - 144
EP  - 152
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-164-7_14
DO  - 10.2991/978-2-38476-164-7_14
ID  - Cason2023
ER  -