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Article
Off-Reservation Treaty Hunting Rights, the Restatement, and the Stevens Treaties
97 Washington University Law Review 835 (2022)
  • Ann Tweedy, University of South Dakota School of Law
Abstract
The underdevelopment of the law of off-reservation treaty hunting and gathering poses challenges for treatises like the groundbreaking Restatement of the Law of American Indians (“Restatement”). With particular attention to sections 83 and 6 of the Restatement, this Article explores those challenges and offers some solutions for dealing with them in subsequent editions of the Restatement. Specifically, this Article explores the potential usefulness of historical law in interpreting treaties, the need to tie treaty interpretation to the language of the treaty when an explicit right is at issue, the proper application of the reserved rights doctrine and the Indian canons, and how the canons should be applied in the face of conflicting tribal interests. This piece also celebrates the successes of those two sections and of the Restatement in general.
Publication Date
2022
Citation Information
Ann E. Tweedy, Off-Reservation Treaty Hunting Rights, the Restatement, and the Stevens Treaties, 97 Wash. L. Rev. 835 (2022)