Native American Scholars Hold Summit

Top Native American scholars from across the country gravitated to the Law School yesterday for a two-day summit to debate the legal problems of tribal relations with the federal government.

The Harvard Indian Law Symposium, described by Law School Dean Robert C. Clark as "one of the most important events at the Law School this year," attracted about 60 students, Native American rights advocates and legal academics.

"We've had an incredible turn out," said Troy M. Woodward, a member of the Harvard chapter of the national American Indian Law Students Association (AILSA), which sponsored the symposium. "We have about 40 law students from other states."

Conference attendees represented several tribes, law schools and regions, some from as far away as Alaska, New Mexico and Montana.

Participants listened in Austin Hall as University of Wisconsin law professor Rennard Strickland described the grim reality of Native American life in the U.S. in the symposium's opening presentation and challenged lawyers to seize political influence through the courts.

"The rhetoric of the courts must be actualized, that is the calling of all generations [of Native Americans]," Strickland said.

More than one-fourth of all Native Americans live in poverty, Strickland said. Life expectancy is exceptionally low, he said, and suicide rates for Native American youths reach 10 to 100 times the level of youths in other groups.

Such conditions persist despite Native Americans' vast reservation resources, including large land, mineral and timber holdings as well as 10 percent of the United States' oil reserves, he said.

According to Strickland, Native Americans' court gains have not been implemented to take advantage of this wealth,or to strengthen the rights and improve thelifestyle of the 1.5 million American Indiansresiding in the U.S.

"Our generation has seen too many victories incourt fade away to believe in the magic ghost ofcase law," said Strickland. "You can't survive asan Indian people even if you have all the caselaw."

He challenged young Native American lawyers toremake that law. In the past, the Wisconsinprofessor said, "creativity and originality,combined with well-based historical research haveprovided ammunition to change law."

Other speakers, who appeared in fourpresentations and panel discussions throughout theday, debated federal recognition of tribes as"sovereign bodies" and reservations'jurisdictional rights as autonomous politicalunits within the states.

Federal termination of such recognition cut offaid and rights to self-governance for 100 tribesin the 1950s, said Faith R. Roessell, an attorneyfor the Native American Rights Fund. Thegovernment has only begun taking steps to reversesome of those decisions in recent years, she said.

"It's quite impressive the number of timesgroups have ceased to exist because federalrecognition has been withheld," Roessell said.

Kathy M. Gorospe, a student at Willamette LawSchool in Oregon, gave historical justificationfor considering Native American tribes assovereign communities.

"When Europeans came to America, there werealready people existing in legal bodies," shesaid. "So the process of land acquisition was oneof bargaining and treaties. This gives tribes apolitical and legal status."

Tribes that are federally recognized havepowers similar to those of the 50 states and areentitled to the same types of federal aid, shesaid.

AILSA, which is sponsoring the symposium withits national organization and the American IndianBar Association, participated in ralliesprotesting the dearth of minority professors atthe Law School last spring. Last year the schooloffered its first course on Native American Law, ashift probably influenced by AILSA efforts, saidthird-year student Loretta A. Miraglia. The classwill be repeated next term, she said.

"Anything held at Harvard having to do withAmerican Indians is unique," said Harjo.

Discussions today will center on internalreservation issues such as water rights, educationand taxation. Indigenous people's rights will alsobe taken up in an international context