Off-Reservation Treaty Hunting Rights, the Restatement, and the Stevens Treaties

Authors

Ann E. Tweedy, University of South Dakota Knudson 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.

First Page

835

Recommended Citation

Ann E. Tweedy, Off-Reservation Treaty Hunting Rights, the Restatement, and the Stevens Treaties, 97 Wash. L. Rev. 835 (2022).
Available at: https://digitalcommons.law.uw.edu/wlr/vol97/iss3/10