Fiander on Tort Claims and American Indian Plaintiffs

From the Washington State Bar News:

Representing My People

by Jack Fiander

This article is intended to be helpful to my fellow attorneys who may find themselves in the position of representing my people in personal-injury or wrongful-death cases. I also hope that the information here is helpful to my fellow tribal members in Washington state who may find themselves the victim of a tort or who have experienced personal injuries or a wrongful death in the family.

Here in the Pacific Northwest, my people live quietly among you in large numbers. Therefore, it is not unlikely that at some point in your legal career you will have the opportunity to represent them. This has been implicitly recognized since 2005, when the Board of Governors of the Washington State Bar Association made testing on the topic of federal Indian law part of the curriculum of the Washington State Bar examination. According to the Washington State Governor’s Office of Indian Affairs, there are no fewer than 29 federally recognized tribes in Washington. According to the 2000 U.S. Census, 164,481 residents of the state of Washington identify themselves as Native American or Alaskan Native.

I realize that it can raise uncomfortable issues such as discrimination or stereotyping by generalizing about my people. By the same token, I shall undoubtedly receive some opprobrium for sharing information regarding certain cultural beliefs with those outside the tribe. On the whole, however, I have come down on the side that it is important to the welfare of my people that I try to convey the important considerations which you should take into account when calculating damages in cases involving tribal clients, because they are easily overlooked.

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News Article on Uranium Mining Impact at Navajo

From the Telluride Watch:

Uranium Cuts a Tragic Path Through the Navajo Nation

Part I of a Series


Wednesday, January 2, 2008 5:26 PM MST

Three coyotes run through the sagebrush, stopping briefly to check us out. Head of the Uranium Education Project at Diné College Perry Charley and I are out in the windswept canyons of the Navajo Reservation, looking at the legacy of uranium mining and its sad and tragic intertwining with Navajo lives and livelihood.

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Sobering Graphic on the Spread of Uranium Pollution at Navajo

From the LA Times.