Alabama AP Case Outline

In order for the USFG to substantially increase Federal Control throughout Indian Country in the areas of environment and resource management, we offer the following plan: The Secretary of the Interior and Com. The ESA, the term "state" includes Indian Nations.

Env. Degridation = consumer culture bad leads to no resources

Carl Johnson

Gregory Cajete

2AC: Discourse

Alabama CE Case Outline

Congress will amend Title 4-E of the Social Security Act by 1) Extending Title 4-E entitlements placements in foster care homes which meet eligibility requirements.

2) authorizing tribal governments to receive direct funding from the health and human services for the administration of the 4-E program. 3) recognize tribal standards for foster home licensing. 4) Allow the secretary to modify 4-E matching requirements in recognition that tribes, on police states, have not previously received funding to build the type of service delivery systems available to the states, and permit other federal and state funds to be used for any required tribal match.

Displacement- native American children are taken out of homes in the status quo which leads to

(last two argue the destruction of all life)

Natives lack access to Title 4-E funds

II. Children critical custody link (Jones ’99)

Custody / Tribal jurisdiction - Child is enough

Vital to tribal culture — impact is cultural viability

All earth (Stein ’96)

Citations

Eddie Brown in 2000, Prof. of Amer. Indian studies at Washington

"Tribal/state intergovernmental agreements facilitating tribal access to federal resources." National Indian Child Welfare Association (NICWA) www.nicwa.org/policy/03.TiHe%20IV-E.pof

Terry Cross, Executive director of NICWA, 1997

Testimony Before Subcommittee on Human Resources of the House Committee on Ways and Means.

Alabama GJ Case Outline

Plan

Congress will amend rule 19 to aqllow for federal courts to exercise review over tribal councils resourse decisions throughout Indian country.

Advantage 1. Uranium

Tribal members can protest decisions by tribal governments to allow extractive development

Boston College BS Case Outline

The Nuclear Regulatory Commission will issue new rules for siting high level nuclear waste sites throughout Indian Country which require that such sites are not located within 2 miles of an earthquake fault line with the potential for registering an earthquake greater than 6.5 magnitude. On this basis, the NRC will deny a liscense to the PFS application for Skull Valley, Utah, and to all other future applications for licenses throughout Indian Country.

Transportation Accident — A transportation accident of nuclear waste is bad.

Earthquake — The site for the waste facility is on top of a fault line.

Which will cause an earthquake is 30-50 years devastating the Western United States because of the storage facility because of it.

Boston College HS Case Outline

Plan: The Nuclear Regulatory Commission will issue new rules for setting high level nuclear waste sights throughout Indian Country which require that such sites are not located within two miles of an earthquake fault line with the potential for registering an earthquake greater than 6.5 magnitude. On this basis, the NRC will deny a license to the PFS application for skull Valley, Utah and to all other future applications for licenses throughout Indian country in the violation of this rule.

Outline:

Mobile Chryrokle–transporting nuclear wastes throughout Indian country risks killing millions.

Nuclear Earthquake–Earthquake at the skull valley storage facility would cause a massive release of radiation, destroying the southwest.

Citations

-Plume threatens millions-Nuclear Information & Resource Service- 2000

-Earthquake inevitable-Utah Peace Test Organization-1998

-Millions Die-Ward Churchill-American Indian Culture & Reserve Journal, 1999

-Cleif Bean uses bribery-Salt Lake City Weekly, September 14, 2000

-Gotshutes wave sovereign immunity-Kampo-Environmental racism, Tribal sovereignty & Nuclear waste, 2001

CEU HW Case Outline

Congress will enact legislation is Amend federal Copyright law [6 x (?)]

1 — Allow existing requirements that require a "tangible medium" to allow for inclusion of Oral Traditions and indigenous peoples art work valid for copyright.

2 — Allow for a group rights framework in which copyrights could be held through a "collective indigenous work" framework. Fund and enforcement through normal means.

Adv. 1: Cultural Extinction — If Cultural property isn’t protected, culture and indigenous become extinct.

Adv. 2: West Prop. Law — We break out the constructs of western property. Riley ‘0

Catholic CK Case Outline

Same as Catholic DP

Catholic DP Case Outline

Plan Text

The US NOAA and the US commissioner to the IWC will fully support applications for aboriginal substance whaling exemptors to the IWC, or the functional equivalent, when applicants meet the following criteria: 1) Planned end uses of the struck whales must be non-commercial and local in nature 2) applicants must disembark and return using traditional hunting practices. 3) applicants must agree and support the current IWC requirements or endangered species

Outline

1. Culture: Whaling key to Makah culture. Culture key to survival

2. International Indigenous rights: ASW exemption for Makah K to international Rights Regime. International rights regime K to prevent ethnic conflicts.

Citations

Bradford, (13 St. Thomas LR 155) 1999

Walters, (22 Colum J. Environmental L. 319) 1997

Catholic SW Case Outline

Through then available means, the USFG should support the offer to substantially increase Federal Control throughout Indian Country in the areas of taxation and resource management by issuing federal tax credits to non-Indian entities doing business in Indian Country. The tax credit should be equivalent to any state or local taxes levied plus the value of economic incentives offered by the government to competitors as per our solvency authors. Funding and enforcement guaranteed.

Obs. 1: Court decisions allow states to tax tribal members / business.

Adv. 1: Sovereignty — power to tax key to central government authority / sovereignty — ethno-nationalist conflicts coming around world — need US model of respecting native sovereignty to solve.

Adv. 2: Resource development. A. Tribal economic development. Lots of resources in Indian Country — State taxation precludes tribes from being able to attract developers, tribes (something) — economic survival key to tribe survival key to global survival. B. Energy — US energy demand outshipping supply, increasing dependence on foreign energy sources — risk war in Middle East

Judge comment: ans. To Bush was immoral to try and win debate on recent tragedy — should reject DA

Emory AE Case Outline

US Congress will subs increase fed ctrl throughout Indian Country by establishing fed controlled mediations over conflicts concerning Indian reserved water rights, including relevant parties

Inherency: farmers, natives, and environmentalists conflict. Natives lose water battles because of states.

Native American Survival: SQ causes termination of culture. Without water, Indians die.

Environmental Collapse: destruction of ecosystems leads to the extinction of all humans.

Key Cites: Disputes need federal compromises (Michael Moore, 1994); Incorporating indigenous rights crucial (Goodman, Editor, 2000); State and courts will fail (Krogseng, 2000).

Emory BL Case Outline

Emory CR Case Outline

Plan Text:

Re US Congress will prohibit the mining and milling of uranium and the disposal of radioactive waste throughout IC.

Obs. 1 — Mining Bad —

Inevitable Mining and dumping … 25 million

Indians at risk, extinction risk

Obs. 2 — Capitalism —

SQ cap. Domination, consume and exploit inevitable, key to all forms of oppression, make ware inevitable

Emory DK Case Outline

The US Congress should prohibit the mining and milling of uranium and radioactive waste disposal throughout Indian Country.

One: Sales pitch — Exploiting natives for uranium mining, milling, dumping.

Two: In the market for extinction — Capitalism leads to mining, milling, dumping, leads to extinction.

Natives must be empowered by government policy — Churchill and LaDuke ‘92

Criticism exposes capitalism — Kuletz ‘98

Capitalism under girds all domination — Dyer-Witherford ‘99

Now critical to critique capitalism — Grinde and Johansen ‘95

Emory FZ Case Outline

Emory GG Case Outline

The US Congress should prohibit mining & milling of uranium & radioactive waste disposal throughout Indian Country

Waste dumping bad

Churchill and LaDuke (Kucltz?)

Emory GJ Case Outline

Emory GL Case Outline

Emory HJ Case Outline

"Nuclear Waste"

USFG not mining, milling, and dumping.

Capitalism — Corporate/federal exploiatation through waste siting

Death — radiation

Kuletz, The Tainted Desert, 1998

Churchill and LaDuke, 1992 "Political Economy of Radioactive Colonization" The State of Native America

Hanson, American Indian Culture and Research Journal, "Half lives of Reagan’s Indian Policy."

Emory HP Case Outline

Plan: Ban uranium mining and milling in Indian Country.

Same as Emory GL

Ob. 1: Sales Pitch — mining now

Ob. 2: 100%Sales Tax — bad effects of mining — no culture — no genocide

Ob. 3: Return Capitalism

Emory KP Case Outline

Plan: FG bans all Uranium mining and waste disposal in Indian Country. No cleanup.

Dump now because of capitalism.

Dumping and mining destroy land, world, everybody

Solvency is very iffy — Nuke waste is key locus for resistence to Cap??

No Ev. Says future pollution is vital

Judge comment: No climate answers

Emory LM Case Outline

ICWA

Plan: The US Federal Courts will assert judicial review over proceedings involving the Indian Child Welfare Act throughout Indian Country, under Section 1914 of the Indian Child Welfare Act.

Obs. 1: Inherency

Obs. 2: Harms: a) The existing Family exception

b) The good cause / best interest of the child exception

solvency

Emory MW Case Outline

Emory NS Case Outline

Emory RT Case Outline

The USF court will assert judical review over proceedings involving the ICWA under section 1914 of the ICWA

A: EIFE = not sovereignty — extinction

B: Good cause = ??? = suicide / torn families = cultural extinction

Jones 73 N. Dak. L. Rev. 395

Emory RW Case Outline

The federal courts will substantially increase federal control by assuming judicial review over all proceedings of the ICWA throughout Indian Country.

01: No federal court enacted now.

02: Harms-

A. Existing Indian family exception bad.

B. Good cause / But Intent Exception bad.

03: Solvency

Jones, 1997, 73 N. Dak. L. Rev. 395, Lexis

FSU BT Case Outline

ASU Law Journal 1996

"who is it that has made my people drunk?"

The Economist, April 3, 1999

"the legal status of peyote was a headache for church members."

Briggs, UPI June 26, 2001

It’s been almost a year since California voters approved Proposition 1A, which gave the state’s 107 Indian Tribes the right to offer…"

Ward Churchill, interview from Z-magazine, 1995

http://www.zmag.org/zmag/articles/dec95barsamian.htm

"When we take the hemisphere, North and South, various numbers are given of indigenous peoples"

Ward Churchill, same interview, next card starts

"Adolph Hitler took note of the treatment of Native Americans"

Mike Berliner, Ayn Rand Institute, http://www.aynrand.org/medialink/columbus.html

"The politically correct view is that Columbus did not discover America, because people had lived there for years"

Plan: Thus, in the true spirit of the year’s resolution, we offer the following plan: The USFG shall substantially increase federal control throughout the so-called "Indian Country" by eliminating all remaining exemptions of the federal government’s plenary power in all topical areas of the resolution through a series of no fewer than 25,000 separate regulations. In addition, the BIA shall be given sole jurisdiction over all topical areas related to the so-called "Indian Country." We’ll clarify.

Solvency — Richard Porter, U. of Michigan Journal of Law Reform, Summer 1998

"over the years, the BIA has engaged in a wide variety of activities"

ACT 2 Evidence:

Linda Hutcheon, Irony’s Edge, 1994, p.59-62

Jessica Kulynych, Polity, Winter 1997

"is it the performative aspects of participation that cannot be captured…"

Omar Guevara, Sept. 2, 2001 eDebate

http://www.ndtceda.com/archives/200109/0010.html

"Similarly, I’d believe that the college debate community is also screwed up."

Florida BD Case Outline

The US congress will repeal Public law 280 in order to recognize exclusive tribal jurisdiction over civil actions exsisting within Indian country and federal tribal jursitiction over crime occurring within Indian country. Congress will amend the IGRA of 1988, section 2710, to dictate a fixed percentage of gaming profit go forward to the tribal enhancement of tribal justice systems, clarifying the intent of IRGA to subject states to federal jurisdiction.

Case outline

Ob I. heat of a jurisdictional nightmare.

Ob II. ADV 1. Criminality and lawlessness

1. PL 280 = law enforcement vacuum.

2. leads to rape and robbery

3. = racist standards enforced on native Americans

4. must analize Native American criminality to reveal racism and colonialism

ADV 2 sov

PL280 gutted sov

Co-opts access to federal assistance programs

Lost of tribal justice = extinction

Cong amendments increase tribal justice

Sov key to survival

Florida BW Case Outline

Irony

In the spirit of this years resolution, in order to share cultural superiority with the ignorant infidel savages living in Indian country, neil and I are bound and determined to defend our modest proposal: Congress will substantially increase federal control throughout "Indian country" by exercising its responsibility under the trust doctrine to protect Indian lands. Congress, abolishing the BIA, shall revoke their grant of Indian country lands and grant grant US citizenship to the Indians to protect the land from native mismanagement.

Adv 1

Redskins are righteous "for 2251 years native American self-det has been fighting for their self det. (ASU law journal 96) Now they are fighting back; even if its @ whin of the white, dominant society. Nations making headway, thney can do some drugs. (the economist 4-13-99)

Recent gains in tribal sov are conflicting with American business intrest.(UPI 6/26/2001) recent reversals focusing on the increase in tribal sov threaten to squash past achiments such as the liquidation of 98% of the indigenous population.(Churchill 95) Past policies have been modeled by foreign dignitaries —such as Hitler. (Churchill 95) a shift away from policies aimed at enhancing tribal self determination is key to preserve "western" civilization and the glorification of primitivism collection (Berliner 98)

George Mason HW Case Outline

Plan text:

To substantially increase federal control throughout IC in the area of resource management, the USFG will rule for the plaintiffs in the federal court case number 96-1481-JE regarding the scientific study of the "Kennewick man" the court will mandate that further study will continue to be done in consultation and coordination of all parties to further the archeological and anthropological understanding of the remains. Enforcement and funding as necessary. We will clarify.

Adv

Discursive Topography : The SQ debate on race is dominated by social or "biolog" constructs. Must accept changing topography of racism to solve.

K cite Chong — Soon Lee Stanford Law Review Feb 94

George Washington AB Case Outline

George Washington BS Case Outline

George Washington MS Case Outline

Fed Gov has no clear definition on what constitutes an Indian, and presently over 80 definitions exist in federal law

William Hapiuk April 01 Stanford Law review "of kitsch and kachinas: a critical analysis of the Indian arts and crafts act of 1990"

For the purposes of determining eligibility to receive federal benefits, the BIA uses 3 criteria: blood quanta, tribal membership & residence on or near an Indian reservation

Kathryn Rand Winter1997 Virginia journal of social policy and the law "Virtue or vice? How the IGRA shapes the politics of Native American gaming, sovereignty and identity"

As a result, access to federal services and benefits is dependant upon to BIA’s use of blood quantum as a method of racial classification

Sharon O’Brien 1991 Notre Damn law review "tribes and Indians: with whom does the U.S. maintain a relationship"

To add to the complexity, the BIA refuses to disclose its procedures for determining blood quantum, and hence, Native American access to federal services is governed by regulations lacking transparency

Margo Brownell fall.winter 2001 Michigan journal of law reform "who is an Indian?: searching for an answer to the question at the core of federal Indian law"

However, what is certain is that through intermarriage and other factors, the population the BIA currently considers Indian will be virtually wiped out by 2080

Alan Velie 1998 Oklahoma City university law review "interdisciplinary perspective: Literary and philosophical perspective: Indian identity in the nineties"

As if that wasn’t bad enough, the BIA is also in the process of reviewing these regulations and will inevitably adopt more stringent blood quantum standards to further restrict the number of Indians eligible for federal benefits.

Portland Press Herald Mar 1 2001 "government has no business deciding what a person’s ancestry is"

PLAN: At the next available opportunity the Supreme Court will substantially increase federal control throughout Indian country by ruling that determinations of blood quanta to establish Indian identity for the purposes of eligibility for federal benefits or services in the topic areas are unconstitutional. The law of the land will be that all members of federally recognized tribes are encompassed by existing statutes governing Indian country in the topic areas.

Obs 2 statistical extermination

Legal determinations based on blood quanta are uniquely bad- the science is wack and ensures continued domination and systematic discrimination

Cheryl Harris June 1993 Harvard Law review "Whiteness as property

Determinations made by the FG based on blood quanta as to who constitutes and Indian is no different from the Nazi’s eugenics code and will have the same result: genocide

Marie Annette Jaimes 1999 "Federal Indian identification policy: a usurpation of indigenous sovereignty in north America" Red power the American Indians’ fight for freedom ed by Alvin Josephy Jr., Joane Nagel and Troy Johnson Pg 280

The BIA’s standards are scientific racism at its worst, used to justify dwindling federal expenditures. By 2080 Indians will have been statistically exterminated by the blood quantum standards

Ward Churchill 1994 "Indians are US? Culture and genocide in Native North America"

In the mean time, the Federal imposition of identity is psychologically disempowering and systematically marginalizing an increasing portion of Native Americans. At its core, the government is using the blood quantum to sacrifice the Native American population at the altar for fiscal constraints.

Jaimes again 1999 pg 130-131

Taking identity determinations away from the tribes and placing them in the hands of the FG is the epitome of colonialism. Removing the blood quantum standards will force the government to provide benefits and services to a larger number of deserving individuals

Rennard Strickland Journal of Gender, Race and Justice Spring 1998 "The genocidal premise in Native American law and policy: Exorcising aboriginal ghosts"

Allowing tribal determination of identity is the only solution to the Government’s use of blood quanta to complete the process of colonialism. You must vote to reject this form of genocide at every opportunity.

Jaimes again in 1999

Now is the key time to begin moving towards a true process of decolonialization. Empowering Native Americans’ to reassert sovereignty over their own identity is the first step to avoiding statistical extermination.

Jamies 1999

You must take a stand against the continuing genocide.

Churchill in 94

WE do not use the word genocide lightly. We know the plight of the Native Americans has not involved hacking machetes or chilling gas chambers but the US Government policy has been over hundreds of years calculated to divide, fragment, and psychologically punish Native Americans, driven by the economic incentive to rid a nation of its "Indian problem." Indeed it is this type of calculated destruction that typifies genocide. The greatest crime against humanity. It is an affront to everything being human means. It must be considered before other impacts.

Alain Destexhe 1995. "Rwanda and Genocide in the 20^th Century"

The judge can, even as a bystander to the horrible atrocities suffered by the Native Americans, affirm a recognition of the individual personhood of the affirmative plan. This recognition defines what it means to be human and upholds humanity through action.

David Jones 1999 Moral responsibility in the Holocaust: A study in the ethics of character.

Georgetown GN Case Outline

Observation One: Current Federal Policy Dooms Archaeology

DOI Decision makes it virtually impossible that all future remains will be repatriated with out study. Kintigh 9/2000 www.saa.org/repatriation/lobby/kennewickc8.html

Numerous remains have already been reburied.

Schneider, 1999 www.friendsofthepast.org/news-991208-01.html

Federal Agencies currently don’t investigate the identity of remains before repatriation.

Chatters, 1998 resourcescommittee.house.gov/105cong/fullcomm/98june10/chatters.htm

This chilling effect on research has undermined legitimate archaeology and boosted dishonest science.

Meighan 2000, Reparation Reader.

Research on ancient Americans will die without the plan–no one will enter the filed.

Owsley, 2000 www.pbs.org/wgbh/nova/claimowsl.html

Plan:

The USFG shall modify the current NAGPRA interpretive framework to assert and maintain jurisdiction over "Kennewick Man" and any other ancient remains existing or discovered in the future to prevent reburial within "Indian Country" and to allow study of those remains unless future evidence definitively demonstrates such remains are culturally linked to present day populations. Enforcement. Normal Means.

Advantage One: We must remember the past

Ancient remains provide unique knowledge about the past that can’t be retrieved from any other source.

Lannan 1998, 22 Harv. Envtl. L. Rev. 369.

This evidence is broad based and multi-disciplinary.

Larsen 2001 physanth.org/postions.htm

Archaeological Study is a valuable and fundamental human endeavor.

Trigger 1989 History of Archaelogical Thought

For example, study of ancient remains allows us to reduce human vulnerability to disease.

Baker et al. 2001 The Future of the Past.

Specifically, this allows the prevention of epidemics.

Landau and Steele, 2000. Reparation Reader.

The impact to epidemics is devastating.

Brandling-Bennet 1998. "Global Health: U.S. Response To Infectious Diseases"

Advantage 2: Rationality

Government politicalization of the repatriation process undermines our reliance on reason.

Bonnichsen 2000 www.friendsofthepast.org

Rationality itself will be the casualty

Meighan, 1999 www.friendsofthepast.org

Without reason and evidence we fall victim to the worst kind f prejudices and lies.

Whittaker, Skeptical Inquierer, 1997

The Result is the most sinister consequences imaginable.

Segertrale, 2000 Beyond the Science Wars.

Arational archaeology can check this historical revisionism.

Vianello, 1999 letttere.unive.it

The past will inevitably be reconstructed–only archaeology allows this to be done in an empowering manner.

Kelly, 2000, www.anth.ucsb.edu

The reasoning process at the heart of science is self-correcting.

Clark, 1999. Skeptical Inquierer

Underview: Ancient Remains are unafilliated

First we note that most remins are recent and will be affiliated and repatriated.

Ackerman 1997 33 Tulsa L.J. 359

Ancient remains are a different story. In fact 2 parts of the DOI report itself virtually admits it erred. Intially, gaps in the record deny affiliation.

Lee, www.kennewick-man.com 2000

Furthermore, the DOI admits the Kennewick Man is not affiliated due to substantial biological differences.

DOI 2000, www.cr.nps.gov

The only evidence the DOI cited was oral histories, which is flawed for 6 reasons.

Schneider, 2001. See Above

Statistical probability of ancestry is pathetically small.

Jacobs, 2000. www.friendsofthepast.org

Any claims of affiliation for remains 9000 year old are laughable.

Chatters, 2001, Ancient Encounters

No Culture Has Survived For 9000 years.

Simic, 2000, www.friendsofthepast.org

Turning over unaffiliated remains feeds the worst stereotypes of Indians

Brace, 2000 www.pbs.org/wgbh/nova/first/claimbrac.html

Errant repatriation deprives cultures of their individual histories.

Owsley, 2000. www.pbs.org/wgbh/nova/first/claimowsl.html

We solve culture:

Gilsen 2000 www.ncn.com/~gilsen/webdoc3.htm

Kelly 1999, "Skeleton in the legal closet" 21 Hawaii LR 41

Archaeology mindset d’ing

McGuire 1997 Indians and Anthropologists

Georgia CK Case Outline

In 1996, two people found the remains of an individual in Kennewick. Washington that was later dated at 9,000 years old. These remains were instantly the source of contention between physical anthropologists from around the country and five groups of indigenous people — the Confederated Tribes of the Umatilla Indian Reservation, the Yakama Indian Nation, the Wanapum band, the Nez Perce Tribe, and the Confederated Tribes of the Colville Reservation. These groups collectively filed suit under the Native American Grave Protection and Repatriation Act, or NAGPRA, to have the remains repatriated instead of studied. The ensuing legal snafu set the stage for a heated discussion of what constituted Native American remains and when remains should be repatriated. Therefore, we present

Observation One: The Process is Flawed

NAGPRA requires claimants to prove cultural affiliation between the individual remains and themselves, or an earlier identifiable group which must be proven through biological data

Joe Watkins, 2000, Indigenous Archaeology, pp. 144-5

This requirement of biological proof rests on the assumption that race is a biological category — however, race categories are a creation of the social sciences used to justify prejudice

Ashley Montagu, 1997, Man’s Most Dangerous Myth: The Fallacy of Race, 6^th edition, pg. 458

Specifically, examination of the remains cannot reveal the race of the individual

Washington Post, 6/3/01, pg lexis

And, DNA testing cannot determine the race of an individual

David Hurst Thomas, 2000, Skull Wars, pp. 111-12

The myth that race is biologically constituted allows "races" to be viewed as biologically inferior

Montagu ’97, pg. 44

Appeals to the truth of biological theories of race justifies ethnocentrism and oppression of indigenous people

Rebecca Tsosie, 1999, Arizona State University Law Review, pp. ???

The legal notions of race used in NAGPRA are bound up in ideology — ignoring questions of race as a social construct and not a biological given

Ian F. Hanez Lopez, 2000, Critical Race Theory: The Cutting Edge, edited by Delgado and Stefanicic, pg. 165

In addition to legal discourse, anthropological discourse is based on the assumption that race is a biological trait

Montagu ’97, pg. 100

Allowing the dominant discourse to determine biology as proof of cultural affiliation traps indigenous people in racist, linguistic cages — indigenous people deserve an equal voice

J.D. Crawford, 2000, Repatriation Reader: Who Owns Native American Remains, pp. 232-4

Ignoring indigenous notions of identity through oral history in claims under NAGPRA leads to the destruction of indigenous identity

Crawford ’00, pp. 251-2

Therefore we offer the following plan (subject to change):

Congress should clarify the Native American Grave Protection and Repatriation Act mandating oral history and carbon-dating as standards of cultural affiliation. Enforcement through normal means.

Observation Two: Changing the Process

The vague standards of NAGPRA are allowing challenges to federal control

Tsosie ‘99

Congressional clarification of NAGPRA is necessary to clear up disputes over human remains and avoids challenges to federal control over remains

Mike Lee July 27, 1997, Tri-City Herald, www.kennewick-man.com/news

NAGPRA must be interpreted to address the concerns of indigenous people

Tsosie ‘99

Ending archaeological cooption of voices by prioritizing oral history is necessary to prevent cultural extinction

Larry J. Zimmerman, 2001, The Future of the Past, pg ???

Erasing biological theories of race from legislation is critical to deconstructing racism

Chong-Soon Lee, 1997, The Judicial Isolation of the Racially Oppressed, edited by Gates, pg. 349

Rethinking racial categories is critical to fighting oppression

Stephanie M. Wildman and Adrienne D. Davis, 1997, Critical White Studies, edited by Delgado and Stefancic, pg. 313

Affirming the notion that race is socially constructed is the only route to exterminating racism and prejudice — the future is in our hands

Joseph L. Graves, 2001, The Emperor’s New Clothes: Biological Theories of Race at the Millenium, pp. 199-200

Round 1

Plan text: Congress should clarify the Native Amercian Grave Protection and Reperation Act, mandating oral history and carbon dating as standards for cultural affiliation. Enforcement through normal means. We reserve the right to clarify.

Case Outline: RACE - NAGPRA uses biological standards to reparate remains. It constructs racial categories to justify prejudice.

MAJOR CASE / TURN CITATIONS:

Tsosie, Rebecca 99 — Arizona State Law Journal

Mike Lee 97 Tri-City Herald

Zimmerman 2001 (Larry, The Future of the Past)

Joseph L. Graves 2001, The Emperor’s New Clothes: Biological Theories of Race at the Millenium

Chong-Soon Lee, The Judicial Isolation of the Racially Oppressed

Georgia CW Case Outline

Obs. One – Inherency

State Courts use the Existing Indian Family Exception–this undermines the ICWA

Cross, Capital Univ Law Review, 1997

Lack of clear standards in the ICWA about voluntary adoptions causes needless problems and keeps Indian children separated from their families

Walleri, FNS, 6/18/97

SQ displacement of Indian children is shocking

Graham, American Indian Law Review, 1998/1999

Observation Two–Ethnocide

The existing Indian family exception threatens the survival of Indian culture

Parnell, San Diego Law Review, 1997

Forcible removal of Indian children from their families by means such as the existing Indian family exception equals ethnocide

The Circle News, 1999

Ethnocide is bad–it is authoritarian and risks Native American extinction

LaVelle, Great Plains National Resources Journal, 2001

Plan has Congress add amendments to the ICWA that clarify voluntary adoptive placement proceedings and strikes down the existing Indian family exception.

Observation Three–Solvency

Congressional enactment of the proposed amendments is key to fix the ICWA

Walleri, FNS, 6/18/97

Federal legislation prohibiting the use of the existing Indian family exception is critical to preserve Indian culture

Prim, Law and Psychology Review, 2000

Congressional clarification of the ICWA solves for child welfare concerns

Gorman and Mitchelson, Denver Rocky Mountain News, 12/19/97

Note: We could potentially run a poverty advantage with disease and suicide as the impacts.

Round 1

Ethnocide — SQ Indian Child Welfare Policies purposely separate Indigenous children from their indigenous families. This destroys tribal culture and is ethnocidal.

Ethocide bad — Tool to erase difference, crush indigenous culture

MAJOR CASE / TUN CITATIONS

Walleri(?) — Pass amendments to clarify voluntary adoption. Placements in ICWA.

Prin(?) — Federal action needed to prohibit the existence Indian Family Exception.

Note: 2AC suicide / poverty add on

Georgia GS Case Outline

Plan: The federal government will redefine the NAGPRA to repatriate remains in accordance with indigenous oral tradition as a basis for Native American ownership rather than biological proof of affiliation.

Outline

Harms- NAGPRA requires biological testing. This is bad.

-places arch. Narratives above native–to racism

-destroys native identity justifying genocide

-leads to science over everything and that’s bad.

Citations

Joan Crawford Repatriation Leader: (author: Denan Miaesuah) 2000

She turns everything- K’s, politics, etc. , etc.

Riding in 1996–Reparation: A Pawnee’s Perspective. American Indian Quarterly

Rebecca Tsosie 1999 (Arizona State Law Journal-Summer)

Georgia KM Case Outline

Observation One–Inherency

The absence of federal policy regarding Indian water rights has created state control over the issue

Arizona Law Review Spring 1994 (Gina McGovern)

Judicial interpretations of the 1952 McCarran amendment have instituted a policy of deference to state water law and state courts adjudication of Indian water rights

Wallace 1985 ( Mary, American Indian Policy in the Twentieth Century, )

Plan:

Congress should replace Indian water rights adjudication derived from the McCarran Amendment with negotiated congressional apportionment.

Observation Two–Solvency

Congressional involvement is the only way to solve current disputes–the Truckee model porves Congress can fashion efficient, flexible solutions that resolve tensions in a cooperative manner

E. Leif Reid Jan. ’95 (Stan, Env’l L.J.)

Where court decrees fail, negotiation promote reservation control over water allowing for water leasing, instream flow protection, and infrastructure necessary for water use

Elizabeth Checchio and Bonnie Colby June ’93 (Indian Water Rights: Negotiating for the Future)

Federal negotiations are critical to jumpstarting adaptive co-management that will challenge the current water system through consensus based coalitions

Dan Tarlock ’99 (Ecology L.Q.)

Negioated settlements resolve inadequacies in the PIA standard

Land and Water Law Review ’99 (Lynnette Boomgaarden)

Observation Three–Harms

Reservations posses a unique interjurisdictional status that places them at the focal point of transboundary water scarcity management

Goodman ’00 (J. Land Resources and Envt Law)

Indian water rights for fishing and instream flows are powerful tools against environmentally destructive practices effectively blocking dam construction, irrigation and anything else that affects water flow

Michael Blumm ’92 (Ecology Law Quarterly)

Tribal water authority jumpstarts water scarity management and environmental protection

Knapnik ’92 (Temple environmental law and technology journal, spring)

PIA standard contributes significantly to the inefficient allocation of Western water resources

Weldon ‘00

Droughts are increasing

The record 6/5/01

Global warming will force scarity

Deseret news ‘01

Water scarity undermines ag. Production

Univ. wire 4/17/01

US key to world food supplies

Runge and senauer may ’00 (foreign affairs)

Water scarcity spills over

Postel ’01 (USA Today mag)

Damage to US freshwater ecosystems threatens the global biodiversity

Environmental news newtwork 11/17/97

Freshwater species are key to biodiversity

Hamilton ‘98

Biodiversity loss risks extinction

The observer 6/13/99

Protection of freshwater flows key to ecosystem

Ramsar convention april 1997

Round 1:

Scenario 1: Water Security — Droughts coming, The Record ’01; Scarcity not ag. Production, Univ. Wire ’01; US key to world food, Runge and Senauer ’00; lead to world hunger, Postel ’01; Reserv. Solves transboundary water best, Goodman ’00; PIA is ineffective, Weldon ‘00

Scenario 2: Environment — US fresh water key to biodiversity, Envt. News ’97; Fresh water species key to biodiversity, Hamilton ’98; Biodiversity loss = extinction, Observer ’99; Protection key to eco sys, Ramsar Convention ’97; Indian water rights solve envir., Blumm ’92; tribes jumpstart water scarcity management and envt. Protect., Knapik ‘92

Solvency: Congress involvement = flex and efficient Reid ’95 (Stan. Evnt. L. J.), negotiation = water leasing and inflow protection, Checchio and Colby ’93 (Indian Water Rights), negotiation solve PIA problems (Boomgarden ’90 Land and H2O Law Review)

Georgia QR Case Outline

Obs1- Inherency- Absence of federal authority over water gives state control.

Obs2- Solvency- congressional involvement K S disputes, negotiations allow efficient water usage, negotiations K comanagement, negotiations S inadequacies in PIA standard, PIA leads to inefficient water allocation.

Obs3- Harms- tribal authority leads to water management, water rights solve eventually destructive practices, reservation management modeled by states.

1. scarcity;droughts coming now, warming–scarcity, scarcity undermines U. S. ag, U.S. is K to sustaining world food supply.

2. Environment- U.S. ecosystem collapse threatens biodiversity, freshwater species K, and biodiversity K xtn.

Citations

• E. Leif Reid, Stanford Environmental LR, January 1995, "institutional hurdles".

• Elizabeth Checchio and Bonnie Colby, June 1993, Indian Water Rights: Negotiating for the Future.

• A. Dan Tarlock, 1999, Ecology Law Quarterly , "diverse coalition of urban and native"

• Lynnette J. Boomgaarden, Land and Water LR, 1990, "Quantification of Federal Reserved Indian Water Rights".

• Elizabeth Weldon, William and Mary Environmental Law and Policy Review, Fall 2000.

Unique Answers or Tricks

-Federal control is legal jurisdiction.

-Biodiversity loss not inevitable

-Neg. kicked CP, so went for case o/w’s DA’s

Harvard CI Case Outline

plan text: The DOJ should substantially increase investigation and prosecution of neglected sexual assault incidence committed against residents of Indian country by non-residents. DOJ should publicize the policy throughout Indian country and other to cooperate with local governments to shape provisional priorities. DOJ should make available training in federal procedures for local prosecutors and the appointment of SAUSAS from the ranks of local prosecutors.

Advantages:

Violence: people in Indian Country are subject to outside sexual predators who perpetuate a cycle of violence and domination by non-Indians

Imperialism: lack of federal prosecution of non-Indians is colonialist and causes genocide of Indians.

Cites:

Cunningham 2000 Georgetown law review

Mills 1997 UCLA womens law journal

Harvard FM Case Outline

Harvard KT Case Outline

Plan: The United States Department of Justice should direct all relevant United States Attorney to substantially increase the investigations and prosecution of sexual assaults against residents of Indian Country by non-residents of Indian Country. The DOJ should publicize its policy throughout Indian Country and enter into discussions with local governments to shape prosecutorial priorities and make available training in federal prosecutions for local prosecutors. The DOJ will make available the appointment of Special Assistant US Attorneys from the ranks of local presecutors. The DOJ will enforce this through normal oversight.

Our aff. Claims to prevent a cycle of sexual assault and rape against Indian women by non-residents of Indian Country. We claim a systemic war against women.

Cunningham, Georgetown Law Journal ‘00

Rays ’97, American Univ. L. R.

Jones, Williams Mitchell Law Review ‘98

Easton, ’94 Notre Dame L. Rev.

New York Times ’83 — 12/29

Harvard RS Case Outline

Same — All United States Attorneys whose territories include any part of Indian Country should establish a policy of full prosecution of the crimes of sexual assault and other violence covered under the à

Ob. 1 Violence against Native American women

Ob. 2 Imperialism and Colonialism in prosecutions of Native American Women + history

Ob. 3 We solve — Cunningham, Mills, Eaton

James Madison LM Case Outline

Ob One: Native American society is held captive to Western ideas of property

Subpoint A:

Current copyright excludes Native Americans

Riley 2000

The Hopi tribe is an example of how this effects tribes

Jordan 2000

Subpoint B:

Focus on individual rights is contrary to communal rights, which starve culture.

Jordan 2000

Modern conceptions of ownership = legal tyranny against communal groups

Riley 2000

Subpoint C:

Lack of protection for Native American culture under current IPR framework = stripmining of culture

Farley 97

Theft of culture items kills the last link to heritage and identity, without those the people are doomed.

Farley 97

Cultural survival links all humyns together in a fight against collective suicide

Friedberg 2001

PLAN:

The USFG should sub increase federal control throughout IC in area of resource management by amending US copyright law under the IPR framework. Will contain provisions recognizing communal IPR, perpetual property protection for works created by Native Americans, retrospective property rights for works of tribal heritage, and rights of attribution and integrity for cultural and spiritual property.

Ob 2 Solvency

Joint ownership, eliminating term expiration, revesting public domain items and provisions that prohibit unauthorized use of works key mechanisms.

Jordan 2000

Group rights framework key to survival of indigenous societies.

Riley 2000

Group rights to control patrimony is necessary to ensure the existence of culture.

Riley 2000

FG addresses NA issues in legal system that excludes them; preservation of trust doctrine is key to protecting sovereignty.

Riley 2000

Legal systems disenfranchise Native Americans, which is why Congress must act.

Riley 2000.

Group rights framwork is best tool to ensure survival for years to come.

Riley 2000.

Kentucky HT Case Outline

Plan: The appropriate appellate court will submit a writ of certification to the Supreme Court requesting the Justices clarify the Seminole Tribe v. Florida decision. The court will rule that the 11^th Amendment allows Congress to subject states to civil action by Tribes in Federal courts. We reserve the right to clarify intent.

The advantage is federalism.

Federalism is a billed system of rights to divide power and thereby protect liberty. The paradox is that a pro-states federalism actually empowers states to limit liberty.

Mitchell Crusto, Professor, Loyola University New Orleans School of Law, Georgia State University Law Review, Spring 2000.

The erosion of minority rights in the name of states rights is displayed in the area of Indian gaming.

Dale Mason, Prof. Poli. Sci. University New Mexico, Indian Gaming, 2000, P.67

The solution to the federalism paradox lies in a pro-rights federalism which subordinates states rights to the protection of individual and minority rights.

Crusto, 2000

Upholding rights is morally absolute.

David Brink, Prof. Philo. MIT, Philosophy and Public Affairs, Winter 1992

Act-Utilitarianism undermines rights.

Bernard Williams, Prof. Philo. Cambridge, Utilitarianism: For and Against, 1973. P.105

Rule-Utilitarianism upholds minority rights and should be upheld.

Robin Attfield, Philosopher University College, Cardiff, A Theory of Value and Obligation, 1987. P.144

The tyranny of survival can wipe out all other values.

Daniel Callahan, Moral Philosopher, Hastings Institute, The Tyranny of Survival, 1973. p.92-3

Judicial paradigm justifies a focus on rights.

The Court has a basic responsibility to safeguard rights.

Crusto, 2000

Pro-Rights federalism is key to protecting minority rights.

Crusto, 2000

Failure to protect minority rights risks social meltdown.

Crusto, 2000

Indian issues involve a unique federalism paradox of their own. Though federalism is defined as a system of decentralized power, pro-states federalism is used to give state more central power over Indian governments.

Crusto, 2000

Indians have legitimate sovereignty claims which should be upheld based on a proper understanding of federalism.

Mason, 2000

Indian issues have major ramifications for federalism.

Mason, 2000

States will impinge on sovereignty unless Seminole is reversed.

Mason, 2000

Federalism is defended as a good model internationally. Actually, the current US federalism model is counter-productive because it doesn’t sufficiently uphold minority rights.

Will Kymlicka, Prof. Philosophy, U. of Toronto, Canadian Journal of Law and Jurisprudence, July 2000. P.211

To best deal with problems of secession and ethnic conflict, what is needed is multination federalism.

Kymlicka, 2000

Multination federalism produces peace, democracy, individual rights, prosperity and equality.

Kymlicka, 2000

Multination federalism helps check a third world war between states and national minorities.

Kymlicka, 2000

Democracies are less likely to engage in democide.

Rudolph Rummel, U. of Hawaii, Journal of Conflict Resolution, March 1995 p.24-25

Impact to democide is millions dead.

Rummel, 1995

MTSU CF Case Outline

ICWA

Mercer AD Case Outline -- See Mercer HT

We believe the U.S. Congress should change the Native American Veteran Direct Loan Pilot Program to a permanent direct loan program to offer Native American veterans throughout Indian Country housing loans.

Obs. 1: Despite their years of service to this country, Native American veterans are not being treated with the respect and honor they deserve.

Obs. 2: Failure to give Native American veterans a choice in home loans is unconscionable and racist.

Obs. 3: Solvency

Bardnt

Williams

Daniels ‘93

Bardnt ‘91

Akaka

Tucker

Master Pico ‘99

Mercer AW Case Outline

Observation one: internal colonialism

Currently the DOE isn't cleaning up mines in Indian Country

Whitfield '93 FDCH, "remediate abandoned mines"

Uranium mines throughout Indian Country

LaDuke '99 http://www.essential.org/monitor/mm1999/mm991206.html

Uranium leads to cancer and birth defects

Lanbrecht '91 (St. Louis Post-Dispatch, "occasional contact with uranium tailings"

Effects felt throughout Native American Societies

Churchill and LaDuke '92 The State of Native America p. 260-2

Leads to Internal colonialism

Churchill and LaDuke '92 same book p.242-3

USFG responsible

Kuletz '98 The Tainted Desert p. 24-5

Internal colonialism is really really bad

Churchill and LaDuke same book p. 256-7

plan: Congress should amend the Uranium Mill Tailings Radiation Control Act to authorize and direct the Department of Energy to clean-up all abandoned uranium mines and mills throughout Indian Country.

Observation 2: Solvency

Congress can expand DOE's authority to clean uranium mines

Whitfield '93

Congress should expand the DOE's authority to clean the mines

Owndoff, '96 FDCH, "we need the assistance of Congress"

USFG has been successful at cleaning mines

PR Newswire 3/9/01 "our mission is to improve and protect"

DOE has significant experience

Whitfield '93

DOE can clean up ground water

Superfund Week 11/28/97 "radioactive contamination is traditionally removed"

We must not be silent. Must see to really act.

Kuletz '98 same book p. 87

our advocacy is performative which is key

Kulynych, '97 "Performing Politics: Foucault, Habermas, and Postmodern Participation" Polity p. 336

Kritik Turns

Duane Champagne ’99 Contemporary Native American Cultural Issues, p. 8

Rebecca Robbins ’92 The State of Native America p. 110

Sankaran Krishna ’93 Alternatives "The Importance of Being Ironic" p.400

Mercer BC Case Outline

Observation One: Inherency

The Endangered Species Act is failing Native Americans

Initially we note that Secretarial Order 3206 which governs the ESA application in regard to Indian Country is failing. Federal agencies are supposed to consult tribes over environmental policies, but there is little or no meaningful consultation.

Current secretarial order is not binding-giving Native Americans no possible method of recourse.

And, this secretarial order is inadequate in addressing environmental issues with regard to tribes.

Carl Johnson 1998 "Balancing species Protection with Tribal Sovereignty, what

Observation Two: Tribal sovereignty

Current environmental law designates certain areas to be "critical habitats" for species. These areas are meant to for the sole purpose of those animals. However, US pushes these policies onto tribal lands, which assumes that Native Americans can't manage their own lands effectively-not only is this racist, but it also destroys tribal authority and sovereignty.

Zellmer, 98

The federal government has an obligation to foster environment self-determination-Native Americans deserver to control their own lands.

Zellmer, 98

We must sieve every opportunity, both Indians and Non Indians alike, to achieve the liberation and self-government of Native Americans in order for justice to prevail in America as a whole.

Rebecca Robbins, 1992 State of Native America, p. 112

This liberation won't lead to war: conflicts over rights and sovereignty issues are solved through the legal system and not through violence.

William Bradford, Fall 2000, St. Thomas Law Review, "nonderogable rights"

Self-determination is critical to Native Americans--using binding consultation protects fundamental rights.

Not only does this crisis of rights affect Native Americans, it affects all human beings. Sovereignty is necessary for our continued existence and the survival of the human species.

Lilian Friedberg, 2000 "Dare to compare: Americanizing the Holocaust", in

Observation Three: Environmental Justice and Racism

ESA singles out Native American land to be home to listed species: this forced critical habitat status is a form of racial and environmental injustice.

Zellmer, 98

The specific targeting of groups and excluding those groups from making decisions- such as status quo's lack of consultation- is a form of environmental racism and racism overall.

And, this solitary focus on a group of people is another face of racism: status quo allows the privileged to push these policies onto the tribes because of their color-- perpetuating institution racism.

Robert Bullard, 1999 "Environmental Justice: Mobilizing for the 21st century:

Finally, this form of racism is inexcusable and unacceptable. We have a duty to stand up to these racist tendencies and reject each instance of racism, or we will risk our own destruction.

Joseph Barndt, 1991 Dismantling Racism, pg. 155-156

Thus, Ruth and I offer the following plan:

The secretary of the Department of Interior and the secretary of the Department of Commerce will issue a new secretarial order to amend secretarial order 3206 to require binding consultation and co-management throughout Indian Country. We'll clarify intent.

Observation Four: Solvency

Federal government has an obligation to genuinely consult-this dialogue is critical towards establishing a new relationship with Native Americans.

Jeanette Wolfey, 1998 American Indian Culture and Research Journal, pg. 165

Status quo consultation models have failed the Native Americans: legally binding consultations formulates new partnerships with tribes and address problems with status quo consultations.

Federal-tribal cooperation based on genuine discussions creates an atmosphere where tribal concerns and ideas can be heard and implemented.

Tribes need to be partners in ecological process-reconciling interests provides a framework for cooperation and elimination of cultural inequalities.

Zellmer, 98

Co-management is the best tool for implementing ESA-empirically it has resolved disputes between the federal government and Native Americans.

Zellmer, 98

Also, co-management programs between the DOI and tribes empirically solves-Aqua Caliente situation proves.

BLM Handbook, 2001 H-8160-1- General Procedural guideline for Native

Finally, we realize that environment policies may not always be the best-but status quo federal inconsistencies are worse for the environment-clarifying and preserving tribal self-determination is critical.

Zellmer, 98

Mercer HT Case Outline

ob 1 - inh.

NA vets can't get loans

brown 5/21/97 FNS kw: you requested information regarding

uniq. indian country issues

allen 2/25/98 FNS kw: another funding area of critical importance

a '93 pilot program tried to help, and will be extended, but fails

stockes, 7/18/01 Indian country today, www.indian country.com/articles/headling-2001-07-18-04.shtml

only a permanent program grants equality

akaka, COngressional Press Releases, 1/21/01 kw: ending this sucessful program would be devastating.

ob 2: racism

housing loans vital for vets

smiley, FNS 5/21/97 kw: the navajo nation supports Senat bill

w/o permanence lenders overlook NA vets

a'zera, FNS 7/25/97 kw: AMVETS opposes Senate bill 714 to permanently

lack of permanence is inequality & racism

brooks, States News Service, 4/9/92, kw: Kaulukukui spoke to the senate

NA vets deserve equality

Nighthorse cambell, 5/21/97 www.senate.gov/~scia/hearings/521_bnc.htm

kw: from the revolutionary era to our ongoing peacekeeping missions

housing loan equality key

surratt, FDCH, 6/28/01, kw: the program under which VA provides

permanance or skin based discrim. you choose.

Pico, FNS 5/21/97, kw: the native american veteran direct home loan program is not a handout

unfair NA treatment ='s racism

Griffen '99 U. of Ark @ Little Rock Law Review v. 21

kw: no intellectually honest person should deny that we need new thinking

reject housing racism

kelly 1/17/00, Gannett news service, kw: in many cases those left out

racism sucks goat ass

Barndt '91 if you need this cite then you have problems

plan: U.S. congress should, throughout I.C., make permanent us Code, Title 38, sections 3761--3764. we'll clarify.

ob 3: solvency

pilot fails, permanence key.

daniels, 7/10/01, FDCH, kw: we support this legislation to extend

extending the pilot ignores the inequality.

akaka '97 same site as before, kw: in 1992, the akaka authored legislation.

permanence grants equality

Tucker, 7/10/01 FDCH, kw: PVA supports H.R. 1929, the Native American

only permanence grants insures equality

Masten, 3/22/01 www.ncai.org/indianissues/FederalAppropriations/fy2002/VA%20HUD%20House%20Testimony.htm

kw: native veterans have many pressing needs such as housing

w/o supporting the permanent program, you too suck goat ass really hard

Pico '97 same cite as before, kw: many veterans of the Vietnam Era suffered from post-traumatic stress syndrome

Mercer KW Case Outline

ob1

Congress overturned duro v. reina

Spruhan 2000 Tribal Law Journal Fall

will be challenged

Gould 94 28 uc davis l rev 53

yah like apples? we got a test case! how yah like dem apples?

The Navajo Times 2/15/2001

its going to the big peoples court

Harvard Law School 1999

www.law.harvard.edu/news/nvm.html

they'll agree w/ congress

Gould see above

they always do

Gould see above

ob2

overturning Duro was created a racial classification

Hatch 91 june 12 Sen. Hearing 102-158 pt. 2

thats racist

Hatch 91 same cite

sets bad precedent

Gould see previous

leads to more racism

Covey 91 april 11 H.R. 972 Ser No 102-4

destroys Eq Prot Clause

Williams 91 38 ucla l rew 759

must act on racism

Delgado 93 Words that Wound

Racism is bad

Barndt 91 (yeah you know the card)

plan:

the ussc will grant federal courts criminal jurisdiction over nonmember indians on indian country by declaring public law 102-137 unconstitutional on equal protection grounds

ob3

our plan should be done

Morris 98 www.ronan.net/~morris/page5.html

pl 102-137 is racist should use eq prot

Gould See above

eq prot key b/c of past fed policies

Williams see above

NYU GG Case Outline

ACT I: Power (It’s Productive)

The noun "control" is defined by Webster’s "New World Dictionary" as the "power to direct or regulate," and thus the lexicon of the "new world" immediately recognizes control as an exercise of power. With this year’s resolution we are explicitly dealing with relations of power, a relation between the United States Federal Government and Indian Country, but what is power, how does it operate? We begin our genealogy by asserting that power is fundamentally productive, directing our bodies and minds towards certain possibilities, making subjects of us through various technologies of power like this year’s resolution. Power is everywhere and does not just prevent or restrict us from doing things, but teaches us what values we should hold, produces us as subjects of ideology…

ACT II: Indian Country (It’s Genocidal)

The resolution must necessarily produce us in a certain way, imploring us to be resolved to exercise power over "Indian Country." So we question what Indian Country is, what kind of imaginaries are involved in this phrase? Indian Country is normally defined as small parcels of land with semi-sovereign Indian communities, a legacy of Manifest Destiny, the inevitable expansion of a new and grand country. But we contend that this interpretation reflects a certain violence in the American imaginaries, a historical narrative that if we endorse makes us doubly complicit in contemporary colonialism. In time and space, we assume that Indians are already gone, that they have other places that are theirs now, and the rest of the United States is the home of the free and the land of the brave, from sea to shining sea, like the songs programmed into first graders. The act of naming is a powerful way to construct a historical narrative where American Indians are erased, their narratives of existence forgotten. The practice of naming Indian Country is historically genocidal, an act that must be resisted…

Thus the history of American Indians becomes a pre-History, and through this we forget our extermination of American Indians. This violent revisionism serves not only to mask the fact that Indian tribes are struggling against ethnocide and genocide to this very day, but also creates a narrative that tries to construct a unified American national body which fits into the neat cartography of the nation-state system, but at the expense of the narrative central Indian cultural survival. This cartographical practice lays the groundwork for violence across the globe, a violence barely discernable because by the standards of the nation-state this practice creates, it doesn’t even count…

SHAPIRO IN ’97 (Michael, Violent Cartographies, Professor of Politica Science at the University of Hawaii, p. (continuation of pagination cited in previous evidence)j

ACT III: Performative Ethics (Indian Country leads to Everywhere)

Our challenge to this geographic imaginary lies in not giving Indian Country a stable cartographic identity, but recognizing instead that we exist in a land that we’ve misnamed, that even by our own Eurocentric standards we have violently stolen. Only by countering the dominant narratives that fictionally narrate Indians into small pockets of legally codified geography and pre-History can we begin to challenge the stable boundaries that have been used to construct American identity begin to engage process where we perform recognition of American Indian Otherness and engage in an ethics of encounter where we can negotiate our identity in relation to the boundaries of our world…

ACT IV: Counter-Memory (Give the land back)

We are creating a counter-memory here, realizing that Indian country is everywhere and that these peoples have not given up and still struggle everyday against a society which wants to consume them in so many ways. We suddenly realize that we are not alone, that in reality the streets we walk down everyday to go to class are filled with not just the ghosts of atrocities, but people who demand recognition. How should we exercise control in relation to this Indian Country which is an everyplace? We argue that we should begin a process of (re)negotiating our identity and the borders that flow from that identity through demanding a policy of total land reparations. Although nothing could truly "make up" for the historical injustices against the Native American people’s, this advocacy takes the first step towards giving back to American Indians what we have so long claimed to be our own, respecting their right to be…

CHUCHILL ’96 (Ward, Coordinator of American Indian Studies at the University of Colorado, Creek and enrolled Keetoowah Band Cherokee, activist, and much more…, From a Native Son, "The Earth is Our Mother," p. 84-89)

ACT V: Genealogy (Critical History good)

Through our performance, we recreate ourselves as ethical subjects instead of letting a disciplinary society create our-Selves for us, through our genealogical work we

expose how the dominant interpretation of history is not the one we should necessarily endorse. In the place of the national "American" identity which our world imposes on us, an identity that demands unity and violence, we embrace the fact that our lives have multiple aspects, that our history is not as glorious as we have taught, and that that is okay… Everything can easily be different.

Samford MW Case Outline

Plan:

THE US congress should prohibit state taxation of non Indian mineral lessees. The plan should apply throughout Indian country.

Adv 1

Sov: Tax power = sovereign power

Samford RS Case Outline

Obs. 1:

78 ICWA not protect children from removal

- State courts violate Sov.

Ruffin 99 McGeorge L. Rev.

1,000s removed

Newell 97 (www.umm.maine.edu/BEXL/Lebman/homepage.stjf/text/bel450/molleynewell/mnpsych.htm)

Obs. 2: Harms — A. Genocide

Removal = vulnerable to depress, suicide - Ruffin 99

State removal not entire society — Phillips 97 Am. Ind. L. Rev. 351

Each child removed = irreversible step to tribal extermination — Solomon 96 CQ Researcher July 12

B. Sterotyping

State governments use exsisting Indian family loophole to determine some ‘not Indian enough’

-use racial sterotypes

Graham 99 American Indian LR

Stereotypes lead to racist violence — Acadmia (?) — Asley, Zeimesley 99 Indian Quarterly

Plan: The USFG should supplement the ICWA of 7 w/ an ‘express choice of law provision’ requiring application of tribal law, applicable to all custody decisions effecting Indian children as defined by the ICWA to achieve the legislation purpose of the Act as per Ruffin. All necessary resources should be provided for said legislative pupose. The plan should be enforced.

Obs. 3: Solvency

Choice of law checks the states -- Ruffin 99

ICWA won’t work without provision — Ruffin 99

Choice of law stereotypes (tribal or liberal?) courts — Ruffin

ICWA = recognition of genocide, leads to hope for future

(?) sovereignty — Graham 99

Enforcement (?) future hope — Monsiuics 97 Am. Indian L. Rev.

Samford RW Case Outline

We believe the USFG should supplement the ICWA w/ an express law provision requiring application of tribal law applicable to all custody decisions affecting Indian children as defined by the ICWA.

Obs. 1: The ICWA has loopholes — Ruffin ‘99

Obs. 2: Loopholes lead to (?); Genocide of Indian culture; must reject genocide policies.

Obs. 3: Epress choice of law provision key to solving for loopholes — recognition of genocide key (?)

South Carolina BC Case Outline

South Carolina BH Case Outline

Plan text: Congress will pass the admendments proposed by the national congress of American Indians known as the McCain, Cambell and dominici Indian child walfare act amendments of 1999(s) 1213 as amended. States will not apply and statues of limitations in claims, tribes will have the opportunity toi establish father paternity in cases when tribal blood comes comes from the father, the financial support criterion for paternity will be eliminated, "abandonment" will not be sufficient to establish "serious doctrine" will be disallowed in ICWA cases, and good cause language will be eliminated from section 19116

Judge comment: Lots of points, basically — Removing the "good cause" clause from section 19-11 of the ICWA.

Prevents state courts from always removing N.A. children from tribal homes.

A1: modeling the ICWA world-wise

A2: Suicide/Alcoholism

A3: Cultural genocide — children are conduits of culture (they also have hidden solvency cards that could function to turn Racism K or S all objectification of N.A.

2AC — development of Economy DAs

Perm: "Graffitti"

Moral Obligation for cultural genocide — Util Bad.

South Carolina CS Case Outline

Resolved … (( Restate res))

Plan 1. Congress will pass the amendments proposed by the National Congress of Native American Indians know as the McCain, Cambell, and Dominici Indian Child Welfare Act Amendments of 1999 Sizi3 as amended.

A. States will not apply any statutes of limitations in claims

B. Tribes will have the opportunity to establish the father’s paternity in cases when tribal blood comes from the father.

C. The financial support criterion for paternity will be eliminated.

D. Abandonment will not be sufficient to establish "serious emotional and physical damage to the child."

E. The existing family doctrine will be disallowed in ICWA cases

F. "Good Cause" language would be eliminated from section 1911 B.

2. This plan will be financed and enforced through normal means

3. Aff. Speeches will explain what we mean — ask questions.

South Carolina LP Case Outline

South Carolina PW Case Outline

Same as BH

Southern California HH Case Outline

Congress will pass the admendments proposed by the national congress of American Indians known as the McCain, Cambell and dominici Indian child walfare act amendments of 1999(s) 1213 as amended. States will not apply and statues of limitations in claims, tribes will have the opportunity toi establish father paternity in cases when tribal blood comes comes from the father, the financial support criterion for paternity will be eliminated, "abandonment" will not be sufficient to establish "serious emotional and physical damage to the child" The "existing family doctrine" will be disallowed in ICWA cases. Funding and enforcement through normal means

Adv

Modeling: Indigenous cultures worldwide will benefit from plan enforcement

Culture Genocide. Plan will end genocidal practice of removing Indians children from families.

Southern California MS Case Outline

UTSA GT Case Outline

01 — Inherency

Cites: Dissias, 97; Reyner, 2000; Peacock, 1998; Dowino, 1999

Adv. — Language Extinction

02 — Solvency

Cites: Reyner, 1996; Dussias, 1999; Duss, 1999; Stockes, 2000; Almasude, 1999; McInstosh, 2000; Dussias 1999

03 — Underview

Cites: Wallace, 2000; Salinas, 1992; Dussias, 1999 (2 cards); Reyner, 2001; Polks, 1999

Plan: The USFG should substantially increase federal control throughout Indian Country in the area of resource management by doing the following plan: The USFG will guarantee funding for the NALA and its contributes, as well as clarify the language in the law to allow for "The Private Right of Action" to be within the mandates of NALA as per the mandates of Dussias.

The projects funded and facilitated by NALA will include, but not be limited to:

-language immersion programs

-technological dissemination of language and culture

-community designed approaches for individual communal units

UTSA RS Case Outline

01 — This observation examines the way that ‘Federal Indian Law’ came into its current form, and what the basis for modern ‘Federal Indian Law’ is.

Cites: d’Errico, 1997 (3 cards)

Hence we propse the following affirmative:

The US federal government will substantially increase federal control throughout Indian Country in one or more of the following areas: child welfare, environmental protection, taxation, employment, resource management, criminal justice, gaming, through the Supreme Court reversal (through the test case Pullyap v. Muckleshoot) of McIntosh v. Johnson (1823), Cherokee Nation v. Georgia (1831), Worcester v. Georgia (1832), and Lone Wolf v. Hitchcock (1906). The only interpreted constitutional action regarding Native Americans post-reversal will be the treaty relationship that exsisted prior to the late 1800’s. These reversals will be based on the interpretation that the decisions and laws were made with no constitutional backing. Interpretation and enforcement are guaranteed. If you want to know anything, just ask.

02 — This observation looks at how the overturning of plenary power and the legal ‘mess’ created by past policies is important to progress regarding Native American self-determination.

Cites: Cross, 1998; Prado, 1995; Porter 1998

03 — This observation examines how the US legal history of ethnocide stems from the judiciary supporting notions of Western supremacy.

Cites: Bothwell, 2000; LaVelle, 2001 (2 cards)

Vanderbilt HV Case Outline

Blood quantum explained

Livesay 2000 (Nora, "Understanding history of tribal enrollment," American Indian Policy Center, www.airpi.org/enroll pg1-2)

BQ was instituted by the US federal government to equate people and identities with animals and blood, divide them from all aspects of their lifestyles, and thereby commit a silent genocide.

Iron Wing and Richter 98 (Clem and Mathew, "Red Nation of the Cherokee; Challenge the Law of Genocide," American Comments. www.iwchildren.org/rednation.)

Plan Text:

Thus, we will advocate that:

The US federal government should substantially increase federal control throughout "Indian Country" in Resource Management by increasing the amount of money allocated to American Indians through a restraint on its ability to use Blood Quantum as a standard for indentification of American Indian individuals. Funding and enforcement guaranteed. We’ll clarify if asked (nicely).

BQ is the federal enactment of the "divide and conquer" strategy, whereby American Indians are "pitted" against one another in an endless cycle of internalized race codes.

Jaimes 92 (Annette, Prof. of American Indian Studies @ U. of CO — Boulder, The State of Native America: Genocide, Colonization, and Resistance)

Decolonization and reestablishment of self-indentities can be accomplished through the removal of the federal government BQ standard.

Jaimes 92

American Indians can and should determine their own citizenry with federal imposistions. The first step towards that is a listening to and speaking out about these defining notions.

Livesay 2000

Those instances of speech provide an exploration of the involvement of history and culture in determining indentities, uncovering the USFG’s use of the "divide and conquer" strategy as a method of silent genocide.

Senese, ’91 (Guy, Ass’t Prof. of Leadership and Educational Policy Studies @ NWern, Self-Determination and the Social Education of Native Americans)

If BQ is not stoped, American Indians will disappear by 2080, causing a loss of ideologies essential to challenging the structures of power that contain them.

Derlik, ’99 (Anif, prof @ Duke U., Contemporary Native American Political Issues)

Unless checked, cultural obliteration will continue and the system of formalized distortions of thought will exacerbate the spiral of fear and hate.

Willaims, ’91 (Patricia, Prof. of law, Columbia L. School, Alchemy of Rights and Race, p.72-73

Cultural Essentialism can have no other effect other than a return to genoci