The second annual! A great opportunity for all of the attorneys who represent tribes in ICWA cases to get together and share information and develop relationships.
Kyle Whyte on Food Justice and Collective Food Relations
Kyle Whyte has posted his paper, “Food Justice and Collective Food Relations,” on SSRN.
Here is the abstract:
Food justice is commonly understood as the norm that everyone should have access to safe, healthy and culturally-appropriate foods no matter one’s national origin, economic statuses, social identities, cultural membership, or disability. A second dimension of food justice, as commonly understood, is the norm that everyone who works within a food system, from restaurant servers to farm workers, should be paid livable and fair wages and work in safe conditions no matter one’s national origin, economic statuses, social identities, cultural membership, or disability. Another dimension of food justice, which is found in the words and writing of advocates but is perhaps less commonly appreciated, is that food justice should account for the value of food in relation to the self-determination of human groups such as urban communities of color, Indigenous peoples and migrant farmworkers, among many other groups. Reflecting on the claims of food justice advocates, my goal in this essay is to outline a norm of food justice that is based on the value of food in relation to the self-determination of human groups. In the essay, I begin by describing the first two dimensions of food justice; I then discuss the role of food in collective self-determination and introduce the idea of collective food relations, discussing in particular the role of manoomin (wild rice) in the collective self-determination of the Anishinaabek in the Great Lakes region; I then explain how disrupting collective food relations can be a form of food injustice; lastly, I discuss some specific further examples that illustrate these ideas.
Indian Tribal Businesses and the Off-Reservation Market
My submission to the Lewis & Clark Law Review’s symposium issue on tribal economic development, “Indian Tribal Businesses and the Off-Reservation Market” is on SSRN. If it’s not available yet, it will be in a few days. Here’s the abstract:
The pre-American trading centers of the Great Lakes – Sault Ste. Marie, Michilimackinac, and Detroit – developed as natural manifestations of economic activity involving the Indigenous peoples of the region, as well as the French, the British, and lastly the Americans. In many ways, during that period, the Indian people controlled these markets. As history turned against the Indians, the Europeans acquired control of these markets. The federal Indian law and policy manifestation of this control can be explained in the phrase “measured separatism.” While measured separatism had value for Indian and American communities for a time, as well as serious disadvantages, the need Indian law controls over the market has receded to a significant extent. The recent limitations on off-reservation gaming are manifestations of this measured separatism. These controls should be a call for tribal business interests to drop some of their reliance on federal Indian law, which creates some economic advantages, and re-enter the larger economic world.
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