Research and Publications

Judicial

Gross, Jordan. (2017). Through federal habeas corpus glass, darkly who is entitled to effective assistance of counsel in tribal court under ICRA and how will we know if they got it. American Indian Law Review, 42(1), 1-68. https://heinonline.org/HOL/Page?handle=hein.journals/aind42&collection=usjournals&id=9&startid=&endid=76

The article describes and addresses the way Habeas Corpus applies in Tribal Court. The entire bill of rights does not apply to tribal government or courts, but the enactment of the Civil Rights Act of 1968 extends certain protections in Indian Country. The article argues for tribal governments and courts to assure criminal defendants have effective legal counsel under the enchantment of the Tribal Law and Order Act and Violence against Women Act of 2013.

Mills, Monte & Hedden-Nicely, Dylan R. (2020). The Civil Jurisdiction Landscape in Eastern Oklahoma Post Mcgirt V. Oklahoma, 1-3. https://www.rmmlf.org/-/media/Files/natural-resources-law-network/august-2020/the-civil-jurisdiction-landscape-in-eastern-oklahoma.pdf?la=en

The Supreme Court’s decision in McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), has caused considerable unrest in Eastern Oklahoma as non-Indian individuals, businesses, and organizations try to determine how the decision might affect them. That unrest sets the stage for potential conflict and litigation over tribal and state authority in the region. But, while McGirt means that the rules governing civil jurisdiction on Indian reservations now apply to all lands within the Creek Reservation, it is cause for hope, not concern. First, as a practical matter, little is likely to change post-McGirt: tribal civil jurisdiction will mostly remain limited to “Indian lands” while the scope of state civil jurisdiction is also likely to remain largely static, although now subject to a somewhat more complicated and fact-specific inquiry. In addition, Congress has already resolved many potentially disputed jurisdictional issues and others have been avoided through successful intergovernmental cooperation between tribes and the State of Oklahoma. Ultimately, then, this overview of a post-McGirt world demonstrates that there is no reason “why pessimism should rule the day.” McGirt, 140 S. Ct. at 2481. Rather than costly winner-take-all litigation or the uncertain outcomes of congressional politics, the decision instead opens the door for a new era of innovative and effective tribal- state relations.

Fletcher, Matthew L.M. (2020). Indian Lives Matter: Pandemic and Inherent Tribal Powers, Stanford Law Review, 73, 38-47. https://heinonline.org/HOL/P?h=hein.journals/slro73&i=38

"This short essay is designed to lay down the argument favoring tribal regulatory powers over nonmembers in Indian country during a pandemic. It should be an easy argument, but federal Indian law makes it more complicated than it should be."

Function & Structure

National Congress of American Indians.  Tribal Workforce Development: A Decision-Making Tool, National Congress of American Indians. (accessed June 1, 2021). http://www.ncai.org/ptg/workforce-development/toolkit

 

This source is a toolkit and resource toolkit designed for tribal government's workforce development.

Government

Mills, Monte. (2021). The legacy of Federal Control in Indian Country, The Regulatory Review. Accessed July 15, 2021. https://www.theregreview.org/2021/03/16/mills-legacy-federal-control-indian-country/

 

Mills, Monte. (2017). Beyond Zero-Sum Federal Trust Responsibility: Lessons from Federal Indian Energy Policy, American Indian Law Journal, 6(1), 35-97. https://digitalcommons.law.seattleu.edu/ailj/vol6/iss1/2/

 

The federal government’s trust relationship with federally- recognized Indian tribes is a product of the last two centuries of Federal Indian Law and federal-tribal relations. For approximately the last 50 years, the federal government has sought to promote tribal self-determination as a means to carry out its trust responsibilities to Indian tribes; but the shadows of prior federal policies, based largely on notions of tribal incompetence and federal paternalism, remain. Perhaps no other policy arena better demonstrates the history, evolution, and promise for reform of the federal trust relationship than Federal Indian energy policy, or the range of federal statutes and regulations devoted to the management of the development of tribal energy resources. This article provides a detailed review of Federal Indian energy policy and proposes a new path for reform that would allow for broader tribal authority and, potentially, a new conception of the federal trust responsibility.

Browde, Pippa. (2021) SALT Policies to Reduce the Disparate Impact of COVID-19 in Indian Country, TaxNotes. (Accessed June 27, 2021). https://scholarship.law.umt.edu/faculty_barjournals/157.

As we look to the future and imagine post-pandemic economies for states, localities, and Native American Indian nations, states have an opportunity to help support tribal economies while growing their own economies in the long term. This essay sets forth the case that states should, at a minimum, adopt policies requiring government-to-government negotiations that respect tribal sovereignty or, even better, refrain from asserting their potential taxing authority over transactions in Indian country. In doing so, states would support the revitalization of tribal economies and position themselves for sustainable long-term growth

Individual Tribal Member Autonomy

Gipp, David M., Phil Baird, & Tom Katus. (2003).  Contract With Native American; Tribal Colleges  Can Help Mobilize Native American Vote. Tribal College, 15(2), 26. https://www.proquest.com/docview/231669944?pq-origsite=gscholar&fromopenview=true

 

To convince candidates and parties to support such a contract, we can document past election victories of candidates from North Dakota, South Dakota, and Montana that are attributable to the Native vote. While most of these victors have been Democrats, at least a few progressive Republicans have also benefited from solid support from Native American voters. Among the Democrats are U.S. Senators and Congressmen: George McGovern, James Abourezk, Tom Daschle, and Tim Johnson from South Dakota; Quentin Burdick, Kent Conrad, Byron Dorgan, and Earl Pomeroy from North Dakota; and John Melcher, Max Baucus, and Pat Williams from Montana. Republicans who have received significant Native American support include U.S. Senators Conrad Burns from Montana, Milton Young and Mark Andrews from North Dakota, and Governor George Mickelson, Jr. from South Dakota.

Economic Viability

Cahoon, Heather. (2018). Revenue Competitions Between Sovereigns: State and Tribal Taxation in Montana. American Indian Culture and Research Journal, 42(1) , 17-39. https://uclajournals.org/doi/abs/10.17953/aicrj.42.1.cahoon?journalCode=aicr

 

Tribal self-sufficiency and self-government depend in part upon a tribe’s ability to raise revenue and regulate its territory and the power to tax plays an essential role in this. Taxation authority in Indian country, however, has been one of the most litigated issues between tribes, states, and local governments. This is largely because current federal Indian tax policy leaves room for uncertainties that ignite legal disputes between governments with overlapping jurisdictions and competing interests in terms of their revenue-generation needs. Until Congress enacts legislation clarifying these issues, intergovernmental tax agreements can provide state and tribal governments with some level of certainty concerning the division of revenue while safeguarding against costly litigation. The state of Montana provides a useful case study, as it has been the location of several precedent-setting court battles over on-reservation taxation authority, as well as a more recent leader in developing resolutions through detailed state-tribal tax agreements. However, there is room for innova­tion. This article reviews tribal government responsibilities, sources of revenue, taxation rights, and issues related to the current federal tax status of tribal governments. It also discusses the critical role that the power to tax plays in creating reliable revenue streams that can adequately support government services and operations and encourage desirable economic climates. The article reviews the history and outcomes of the state-tribal revenue sharing agreements in Montana and concludes with recom­mendations for maximizing the usefulness of intergovernmental tax agreements to promote tribal self-sufficiency, protect tribal sovereignty, and ensure reservation and statewide socioeconomic health.

YellowRobe, Elenor (2007) Monetary Contribution of Reservations of the State of Montana, 2007, Montana Department of Commerce. Accessed June 20, 2021. https://tribalnations.mt.gov/_docs/YellowRobeMonetaryContributionReportOfMTReservations.pdf

 

This report presents a summary of monetary contributions to the Montana economy from revenues received and expenditures made by tribal, state, federal, and other public sector entities on Montana’s seven Indian Reservations and to the at eight recognized Tribes recognized in Montana.

Montana Department of Commerce. (2007). Monetary Contribution of Reservations of the State of Montana, 2003-2009, Montana Research and Information Bureau. (Accessed August 7, 2021). https://leg.mt.gov/content/Committees/Interim/2017-2018/State-Tribal-Relations/Meetings/Mar-2018/reap-report-2003-2009.pdf

 

This report presents a summary of monetary contributions to the Montana economy from revenues received and expenditures made by tribal, state, federal, and other public sector entities on Montana’s seven Indian Reservations and to the eight recognized Tribal Governments – collectively referred to as reservation communities for the period 2003 through 2009. This total includes figures from tribally owned enterprises where available. Revenues and expenditures of privately owned businesses or reservation community residents are not included in this report.

Montana Department of Commerce. Indian Country Programs: Indian Country Financial Assistance Program. Montana Research and Information Bureau. (Accessed June 1, 2021). https://marketmt.com/Programs/Business-Assistance/Indian-Country-Programs/Indian-Country-Economic-Development-Program/

 

Indian Country Financial Assistance Program run by the state of Montana provide grants to increase business opportunities on reservation, in tribal communities, and for Native American businesses.

Housing

Oschell, Christine, Megan Tanner, and Norma P. Nickerson. (2008). Tourism in Montana's Indian Country. Institute for Tourism and Recreation Research Publications, 238. http://scholarworks.umt.edu/cgi/viewcontent.cgi?article=1237&context=itrr_pubs.

 

The purposes of this project were to gather baseline data on travelers who visit Indian Country in Montana and to further understand why some travelers who are in the vicinity of Montana’s Indian Country do not visit the areas.

Housing

Bridge, Brandon. (2021). Montana's Unaffordable Housing Crisis. Montana Business Quarterly, 59(1), 10-15. https://www.proquest.com/scholarly-journals/montanas-unaffordable-housing-crisis/docview/2525715831/se-2?accountid=14593

 

Statewide there are only 39 affordable housing units for every 100 households earning an extremely low income (below 30% of area median income). Since 2016, there have been over 30,000 applications for housing choice vouchers, with only about 4,000 issued. Finding adequate food, shelter, clothing, washing facilities, transportation, health care, education, personal safety and security, and employment become highly time-intensive and often impossible. Figure 3 illustrates this phenomenon by showing the number of single-family homes available for sale throughout the calendar year in the U.S. for the years 2018-20.

Environmental

Craig, David R., Laurie Yung, William T. Borrie. (2012). "Blackfeet Belong to the Mountains": Hope, Loss, and Blackfeet Claim to Glacier National Park, Montana, Conservation and Society, 10(3), 232-42. https://www.jstor.org/stable/26393080

 

Abstract: While relationships between indigenous groups and protected areas have been extensively documented internationally, research on Native Americans and US National Parks is surprisingly sparse. Based on in-depth interviews with Blackfeet Indians, this article examines the complex contemporary relationship between the Blackfeet and Glacier National Park. According to the Blackfeet, tribal relationships with the park landscape are sustained through on-site practices that provide an interwoven and inseparable set of material, cultural, and spiritual benefits. The prohibition and regulation of many historic practices within park boundaries prevents the realization of these benefits and fuels tensions between the tribe and the park, especially in the context of past dispossession and longstanding animosity toward the federal government. At the same time, the undeveloped landscape of Glacier National Park is evocative of an ancestral past and has, for many Blackfeet, preserved the potential for cultural reclamation and renewal. To realize this potential, Blackfeet argued for greater integration of their needs and perspectives into park management and policy. We suggest reinstatement of treaty rights, voluntary closure of cultural sites, co-management of parklands, and special legal designations as possible paths forward.

Martin, Christine, Vanessa W. Simonds, Sara L. Young, et. al. (2021). Our Relationship to Water and Experience of Water Insecurity among Apsáalooke (Crow Indian) People, Montana, International Journal of Environmental Research and Public Health, 18(3). 582. https://doi.org/10.3390/ijerph18020582

 

Abstract: Affordable access to safe drinking water is essential to community health, yet there is limited understanding of water insecurity among Native Americans. Therefore, the focus of this paper is to describe Apsáalooke (Crow Indian) tribal members’ experiences with water insecurity. For Apsáalooke people, local rivers and springs are still vitally important for traditional cultural activities. We interviewed 30 Native American adults living on the Crow Reservation in Southeastern Montana. Participants answered six open-ended interview questions about their water access, costs of obtaining water and changes in their domestic and traditional water uses. Participants emphasized how the use of water has changed over time and described the complex challenges associated with addressing water insecurity in their community, including the importance of considering the spiritual and cultural impacts of water insecurity on health. Water insecurity is a growing global problem and more attention and efforts are needed to find appropriate and affordable solutions.

Agumanu McOliver, Cynthia, Anne K. Camper, John T. Doyle, et. al. (2015). Community-Based Research as a mechanism to Reduce Environmental Health Disparities in American Indian and Alaska Native Communities. International Journal of Environmental Research and Public Health 12(14), 4076-4100. https://www.mdpi.com/96086

 

Abstract: Racial and ethnic minority communities, including American Indian and Alaska Natives, have been disproportionately impacted by environmental pollution and contamination. This includes siting and location of point sources of pollution, legacies of contamination of drinking and recreational water, and mining, military and agricultural impacts. As a result, both quantity and quality of culturally important subsistence resources are diminished, contributing to poor nutrition and obesity, and overall reductions in quality of life and life expectancy. Climate change is adding to these impacts on Native American communities, variably causing drought, increased flooding and forced relocation affecting tribal water resources, traditional foods, forests and forest resources, and tribal health. This article will highlight several extramural research projects supported by the United States Environmental Protection Agency (USEPA) Science to Achieve Results (STAR) tribal environmental research grants as a mechanism to address the environmental health inequities and disparities faced by tribal communities. The tribal research portfolio has focused on addressing tribal environmental health risks through community based participatory research. Specifically, the STAR research program was developed under the premise that tribal populations may be at an increased risk for environmentally-induced diseases as a result of unique subsistence and traditional practices of the tribes and Alaska Native villages, community activities, occupations and customs, and/or environmental releases that significantly and disproportionately impact tribal lands. Through a series of case studies, this article will demonstrate how grantees—tribal community leaders and members and academic collaborators—have been addressing these complex environmental concerns by developing capacity, expertise and tools through community-engaged research.

Brown, Blakely, Alana Bahe, Maja Pedersen, et al. (2018). NP23 Growing Strong Generations Strengthening Project on an American Indian Reservation: Year 2 Activities, Journal of Nutrition Education and Behavior 50(7). https://doi.org/10.1016/j.jneb.2018.04.259

 

The primary aim of the pilot study was to determine intervention feasibility. Of the 50 children eligible to recruit to the study, 41 expressed interest; and 22 were enrolled in the study. Improvements were observed in number of daily servings of fruits consumed and total kilocalorie intake, but not in number of daily servings of vegetables consumed or child self-efficacy to grow and eat fruits and vegetables. Seventy people (27 families) attended the Dinner in the Garden event and reported high satisfaction (mean rating of 4.7 on a scale of1–5). SKC initiated the new AA degree. Five courses were developed to align with UM prerequisites. Three students are currently enrolled.

Behavioral Health

Eitle, Tamela., David Eitle, and M. Johnson-Jenning. (2013)  General Strain Theory and Substance Use Among American Indian Adolescents. Race and Justice. 3(1), 3-30.

 

Despite the well-established finding that American Indian adolescents are at a greater risk of illicit substance use and abuse than the general population, few generalist explanations of deviance have been extended to American Indian substance use. Using a popular generalist explanation of deviance, General Strain Theory (GST), we explore the predictive utility of this model with a subsample of American Indian adolescents from Waves I and II of the National Longitudinal Study of Adolescent Health (Add-Health). Overall, we find mixed support for the utility of GST to account for American Indian adolescent substance use. While exposure to recent life events, a common measure of stress exposure, was found to be a robust indicator of substance use, we found mixed support for the thesis that negative affect plays a key role in mediating the link between strain and substance use. However, we did find evidence that personal and social resources serve to condition the link between stress exposure and substance use, with parental control, self-restraint, religiosity, and exposure to substance using peers each serving to moderate the association between strain and substance use, albeit in more complex ways than expected.

Eitle, David, Fallon Neidrist, and Tamela Eitle. (2014) American Indians, Delinquency, and Power control theory. Deviant Behavior, 35, 1023-1043.

 

Abstract: Research testing Hagan’s power-control theory has largely been tested with samples of non-Hispanic whites. We extend prior research by testing the theory’s merits with a sample of American Indian (AI) adolescents. Overall, we find mixed support for the theory’s merits. However, we find that our measure of patriarchy is a robust predictor of AI female delinquent activity. We also find that a grandparent in the household serves to greatly reduce involvement in violent behavior among AI females. Compared to a sample of non-Hispanic whites, these results reveal the importance of testing explanations of deviant behavior across racial and ethnic groups.

Skewes, Monica C., Rachel Hallum-Montes, Scott A. Gardner, et al. (2019) Partnering with Native Communities to Develop a Culturally Grounded Intervention for Substance Use Disorder. American Journal of Community Psychology, 64, 72-82. https://doi.org/10.1002/ajcp.12354

 

Abstract: Despite high rates of abstinence, studies have documented serious disparities in drug and alcohol-related morbidity and mortality among American Indians and Alaska Natives (AI/ANs) compared to other ethnic groups in the U.S. Further complicating these health disparities are barriers to accessing culturally appropriate evidence-based treatments. As part of a research program to promote health equity in rural communities, we developed an academic-community partnership to create a culturally grounded intervention for adults with substance use disorder residing on a rural AI reservation. We describe the early phases of our long-term Community Based Participatory Research project and report findings from the first study we conducted. This key informant interview study consisted of in-depth qualitative interviews with 25 tribal members knowledgeable about substance use and recovery on the reservation. The goal was to understand social norms and cultural conceptualizations of substance use to inform the development of a sustainable, community-driven intervention. Participants reported that a holistic approach to recovery that emphasizes spiritual, cultural, and interpersonal harmony and connectedness was important to the community and would be necessary for the intervention to succeed. They also emphasized the need for a multi-level intervention targeting individuals, families, and the community as a whole. Through this research, we not only gained valuable information that will be used to guide future research and treatment efforts, but we also strengthened our partnership and built trust with the community. In this manuscript we tell the story of the development of our project and describe our shared vision for future directions.

Skewes, Monica C. & Authur W. Blume. (2019). Understanding the Link Between Racial Trauma and Substance Use among American Indians, American Psychologist, 74(1), 88-100. http://dx.doi.org/10.1037/amp0000331

 

Abstract: Historians and scholars from various disciplines have documented the pervasive influence of racism on American society and culture, including effects on the health and well-being of American Indian (AI) people. Among the many health problems affected by racial discrimination and oppression, both historical and current, are substance use disorders. Epidemiological studies have documented greater drug and alcohol-related morbidity and mortality among AI/ANs compared to other ethnic groups, and culturally appropriate, effective interventions are sorely needed. As part of a larger community based participatory research project to address substance use disparities in rural AI communities, we collected qualitative interview data from 25 AI key informants from a frontier reservation in Montana. Using a semi-structured interview guide, we asked participants to discuss their perceptions of the causes of substance use problems and barriers to recovery on the reservation. Although no questions specifically asked about discrimination, key informants identified stress from racism as an important precipitant of substance use and barrier to recovery. As one participant stated: “Oppression is the overarching umbrella for all sickness with drugs and alcohol.” Participants also identified historical trauma resulting from colonization as a manifestation of race-based stress that drives behavioral health problems. Findings suggest that interventions for AIs with substance use disorders, and possibly other chronic health problems, may be more effective if they address social determinants of health such as racial discrimination and historical trauma.

Amudson, Helen A., Marcene K. Butcher, Dorothy Gohdes, et al. (2009). Translating the Diabetes Prevention Program into Practice in the General Community, The Diabetes Educator, 35(2), 209-223. https://doi.org/10.1177%2F0145721709333269

 

Purpose: The purpose of this study was to evaluate the feasibility of translating the Diabetes Prevention Program (DPP) lifestyle intervention into practice in the general community.      Methods: In 2008, the Montana Diabetes Control Program, working collaboratively with 4 health care facilities, implemented an adapted group-based DPP lifestyle intervention. Adults at high risk for diabetes and cardiovascular disease were recruited and enrolled (n = 355). Eighty-three percent (n = 295) of participants completed the 16-session program. Participants set targets to reduce fat intake and increase physical activity (≥150 minutes per week) to achieve a weight loss goal of 7%.    Results: Seventy percent of participants achieved the physical activity goal of ≥150 minutes per week. There was a significant decrease among participants' weight from baseline (mean ± SD, 99.3 ± 19.7 kg) to week 16 (92.6 ± 18.8 kg; mean difference, 6.7 ± 4.0 kg, P < .001). Forty-five percent of the participants achieved the 7% weight loss goal, and 67% achieved at least 5% weight loss. Participants who were 60 years of age and older, had a diagnosis of hypertension, met their physical activity goal of ≥150 minutes per week, and those more frequently monitoring their fat intake were more likely to meet the 7% weight loss goal compared with participants without these characteristics.

Education

Smith, Jessi L., Erin Cech, Meghan Huntoon, et al. (2014). Giving Back or Giving Up: Native American Student Experiences in Science and Engineering, Cultural Diversity and Ethnic Minority Psychology, 20(3), 413-429. https://www.proquest.com/scholarly-journals/giving-back-up-native-american-student/docview/1547256139/se-2?accountid=14593

 

Native Americans are underrepresented in science, technology, engineering, and math (STEM) careers. We examine communal goal incongruence—the mismatch between students’ emphasis on communal work goals and the noncommunal culture of STEM—as a possible factor in this underrepresentation. First, we surveyed 80 Native American STEM freshmen and found they more highly endorsed communal goals than individualistic work goals. Next, we surveyed 96 Native American and White American students in STEM and non-STEM majors and confirmed that both Native American men and women in STEM highly endorsed communal goals. In a third study, we conducted a follow-up survey and in-depth interviews with a subset of Native American STEM students in their second semester to assess their experiences of belonging uncertainty, intrinsic motivation, persistence intentions, and perceived performance in STEM as a function of their initial communal work goals. Results demonstrate the prominence of communal goals among incoming Native American freshman (especially compared with White male STEM majors) and the connection between communal goals and feelings of belonging uncertainty, low motivation, and perceived poor performance 1 semester later. The interview data illustrate that these issues are particularly salient for students raised within tribal communities, and that a communal goal orientation is not just a vague desire to “help others,” but a commitment to helping their tribal communities. The interviews also highlight the importance of student support programs for fostering feelings of belonging. We end by discussing implications for interventions and institutional changes that may promote Native American student retention in STEM.

Cross, Raymond. (2018). The Fate of Native American Diversity of American's Law Schools, Public Land and Resources Law Review, 38(5), 289-313. https://scholarship.law.umt.edu/cgi/viewcontent.cgi?article=1565&context=plrlr

 

The fate of Native American diversity within America’s law schools may be, in conjunction with the emerging concept of community based lawyering, to ultimately transform legal education into a powerful and vibrant means for the transformation of America’s minority communities. From its troubled and uncertain origin in the War on Poverty era, Native American diversity has matured into a powerful force for the promotion of Indian self-determination and sovereignty. Whether my proposed synthesis of these two community-based diversity doctrines will realize its full promise will depend on the law schools’ willingness to embrace this new diversity doctrine’s norms and practices that emphasize an on-going engagement between those law schools and the surrounding minority communities. Just as Native American diversity has helped transform the social justice and public service missions of many Indian Country law schools, my proposed new community based diversity doctrine may help America’s law schools do the same.

Carjuzaa, Jioanna, William G. Ruff, and Stephan Lamb. (2016). American Indian English Language Learners: Misunderstood and Underserved, Cogent Education, 3(1). https://doi.org/10.1080/2331186X.2016.1229897

 

English Language Learners (ELLs) represent the fastest growing segment of pre-K-12 students in the United States. Currently, Montana has the highest percentage of ELLs who are American Indian/Alaska Native. Although there is tremendous linguistic diversity among students, more than 80% of ELLs in the US speak Spanish as their first language. This is not the case in Montana, where 80% of ELLs are American Indians who do not necessarily speak their heritage languages; yet, their academic English skills are inadequate to support content mastery. Students whose first language is an American Indian language and who are learning English as a second language (ESL) are easier to identify as ELLs. Students who do not speak a heritage language but have not acquired academic English proficiency are harder to identify. This unique group of ELLs had their English acquisition framed by parents/grandparents or guardians themselves who were ELLs who did not fully acquire Standard English and currently speak and model a non-standard or non-academically proficient variety of English. Recommendations for how to broaden policy perspectives to facilitate comprehensive educational support for the full range of culturally and linguistically diverse American Indians in all classrooms are highlighted.

Walker, Laurie A., Kirsten Bokenkamp, and Turquoise Skye Devereaux. (2021). Impact of School Resource Officer and/or Security Guard Presence on Native American Referrals and Arrests in Montana's Schools. Affilia: Journal of Women and Social Work, 1-17. https://doi.org/10.1177%2F0886109920985158

 

Native Americans experience disproportionate referrals to law enforcement and arrests in public schools in Montana. The study uses U.S. Office of Civil Rights data reported at the school level (n = 822) for the 2015–2016 school year, which is aggregated by race and gender. All students in schools with school resource officers (SROs) and/or security guards (SGs) present have higher total numbers and rates of referrals and arrests. Native American female students are twice as likely to be referred to law enforcement (p < .001) and 2.5 times more likely to be arrested when SROs and/or SGs are present at the school (p < .05). Native American male students are 2.2 times more likely to be referred to law enforcement (p < .001) and 1.7 times more likely to be arrested when SROs and/or SGs are present at the school (p < .001). Native American mean rates of referrals and arrest are higher in urban and reservation contexts (p < .05). Native American student disparities in referrals and arrests mirror disproportionate percentage of Native American female and male adults incarcerated in Montana. Native American students are more likely to experience the school-to-prison pipeline unless SROs and SGs are removed from Montana schools

Johnson, Adam N., Regina Sievert, Michael Durglo Sr., et al. (2018). Indigenous Knowlege and Geoscience on the Flathead Indian Reservation, Northwest Montana: Implications for Place-Based and Culturally Congruent Education. Journal of Geoscience Education, 62(2), 187-202. https://doi.org/10.5408/12-393.1

 

We investigated connections between the natural and the cultural history of the Flathead Indian Reservation through the integration of geoscience, traditional tribal knowledge, and oral narratives for the purpose of improving Earth Science education in the tribal community. The project served as an avenue for the incorporation of indigenous knowledge into science curricula by providing parallel perspectives for the same landscapes while considering compatibilities between Western science and Native knowledge. We developed educational resources through collaborations with local school communities, tribal elders, and cultural experts who approved the materials for general distribution. Participants identified multiple localities throughout the reservation that served as field sites critical to understanding geoscience concepts, tribal scientific knowledge, and oral histories. One such place (the Big Draw Valley west of Flathead Lake) figures prominently in both geoscience and indigenous accounts of the evolution of the land. Compatible perspectives of local landscape formation are indicated by similarities between the interconnected Earth Science and Native narratives. Indigenous knowledge reveals potential locations for additional scientific research that could prompt a reconsideration of current geoscience theories regarding the glacial history of the region. Preliminary research suggests that culturally congruent instruction using the Flathead Geoscience Education Project materials was effective in supporting increased American Indian student achievement in geosciences on the reservation. We believe that curricular materials similar to those produced during this project can also be developed for and successfully used in other tribal communities.

Ngai, Phyllis B., and Peter H. Koehn. (2016). Teacher/Family Partnership for Student Learning: Lessons from Indian Education for All in Montana. Journal of American Indian Education, 55(1), 23-48. https://doi.org/10.5749/jamerindieduc.55.1.0023

 

The article reports learning outcomes from a program aimed at creating partnerships among middle-school teachers and Native families in a western Montana urban school district involved in implementing the Indian Education for All Act. Student-learning outcomes are analyzed according to attendance in classes taught by teachers divided into three groups based on the extent to which their teacher participated in the program intervention. Six hundred fifteen students that could be matched for program-influenced learning completed preprogram and postprogram surveys conducted in 30 classes. Study findings indicate that the innovative parent-teacher partnership program had a varied impact in terms of net shifts in student knowledge and attitudes. Parent-teacher partnership initiatives are more likely to generate positive attitudinal outcomes than they are to produce content-based knowledge gains. These findings suggest that extensive involvement of Native parents in curricular partnerships with teachers can improve both Indian and non-Indian students' attitudes toward cultural others and Indian students' self-image and attitudes toward public school.

Portillo, Annette. (2013). Indigenous-Centered Pedagogies: Strategies for Teaching Native American Literature and Culture. CEA Forum, 42(1), 155-178. https://eric.ed.gov/?id=EJ1007517

 

As a reflection on pedagogy, this essay seeks to provide strategic tools for teaching Native American literature and culture to non-native students. My teaching philosophy is informed by the indigenous-centered, decolonial methodologies as defined by Devon Mihesuah who calls for "indigenizing" the academy by challenging the status quo and debating the controversial issues that adversely affect the lives and representations of Native Americans ("Indigenizing the Academy", 2004). I argue that an indigenous-centered pedagogy and multidisciplinary approach gives students the opportunity to critically examine those instances of cultural tourism and popular media stereotypes that continue to perpetuate gross misconceptions about American Indian identity and culture. In addition, I highlight the ongoing challenges that instructors face when teaching students to "unlearn" Eurocentric histories and dominant national narratives. I have taught Native American Studies courses to a wide range of students from multiple backgrounds and thus, this essay will be based on the various experiences I have had in the classroom at five different institutions in the past eight years (i.e. Ivy League, small liberal arts college, state college, and university).

Herman, Matthew. (2019). Four More Indigenous Projects for the Native American Humanities. Studies in American Indian Literature, 31(1/2), 31-53. https://www.jstor.org/stable/10.5250/studamerindilite.31.1-2.0031

 

Abstract: In the final stanza, the quoted speech of the father slips, seamlessly and completely, into the language of the son/speaker, a transition made visually evident through the absence of quotation marks. According to Noodin, "He's windigo!" might sound to an English-speaking ear like he's crazy, but in a correct cultural context, it is a verb that means he is related to one who succumbed to selfishness and greed to the point of harming others (66). According to art historians Melanie Anne Herzog and Sarah Anne Stolte, European American perceptions of Native American material culture gradually shifted "from an 'artifact' to a 'souvenir' to a 'work of art' paradigm" (86). Margaret Kovach's Indigenous Methodologies: Characteristics, Conversations, and Contexts (2009) advances many of the key insights from Smith's Decolonizing Methodologies, such as the critique of imperialist knowledges and the imperative of maintaining a decolonizing lens in all research activities, but it goes further by discussing and developing actual research methods for practitioners, including "Nehiýaw Methodology" and "story as method" as just two specific examples. Because the methods Kovach describes are for qualitative research exclusively, this book is likely especially useful for humanities scholars.

Reservation Food System

Shanks, Carmen Byker, Selena Ahmed, Virgil Dupuis, et al. (2020). Perceptions of Food Environments and Nutrition Among Residents of the Flathead Indian Reservation. BMC Public Health, 20, 1536. https://doi.org/10.1186/s12889-020-09584-7

 

Indigenous food systems have been displaced with the emergence of colonization, industrialization, and cultural, economic, political, and environmental changes. This disruption can be seen in marked health and food environment disparities that contribute to high obesity and diabetes mellitus prevalence among Native American peoples. Perceptions of the food environment were linked to strategies that could be targeted to improve dietary quality along a social-ecological model continuum. There is need for skill-based education that directly addresses the time and monetary constraints that were commonly experienced by residents. Coinciding food environment interventions to promote dietary quality that engage community members, store management, and government policy stakeholders are also needed to reestablish healthy Native American food systems and environments within this community.

Tomayko, Emily J., Kathryn L. Mosso, Kate A. Cronin, et al. (2017). Household Food Insecurity and Dietary Patterns in Rural and Urban American Indian Families with Young Children. BMC Public Health, 17, 611. https://doi.org/10.1186/s12889-017-4498-y

 

High food insecurity has been demonstrated in rural American Indian households, but little is known about American Indian families in urban settings or the association of food insecurity with diet for these families. The purpose of this study was to examine the prevalence of food insecurity in American Indian households by urban-rural status, correlates of food insecurity in these households, and the relationship between food insecurity and diet in these households.  The prevalence of food insecurity in American Indian households in our sample is extremely high, and geographic designation may be an important contributing factor. Moreover, food insecurity had a significant negative influence on dietary intake for families. Understanding strategies employed by households may help inform future interventions to address food insecurity.

Public Safety

Bennett C. (2018). Another type of hate crime: Violence against American Indian Women in reservation border towns.  Crime and Social Justice in Indian Country.  University of Arizona press. (BOOK)

Walker, Laurie A. (2017). American Indian Female Prisoners Expressed Need for Reentry Services. ScholarWorks at University of Montana: University Grant Program Reports; Office of Research and Sponsored Programs, 33. https://scholarworks.umt.edu/ugp-reports/33.

 

The focus of this community-based research project is on gathering information regarding what services could reduce recidivism for female AI/NA who are incarcerated in Montana. Their expressed needs may support programmatic changes to holistic defense programs and creating housing in a recovery village with culturally supportive services. The specific objectives of this project are to interview AI/NA women who are incarcerated in Montana in order to: (a) determine what factors are contributing to their disproportionate involvement in the criminal justice system; (b) identify their broad needs; (c) determining the impact of the disproportionate incarceration of AI/NA women on their families; and (d) what they think would help them be successful in reentry. The study results will be used to inform whether holistic defense and recovery village models may ameliorate the over-incarceration of AI/NA women.

Health Care

Belcourt-Dittloff, Annjeanette, Gyda Swaney, and Gordon Belcourt. (2011) Tribal Borders: Confronting Health Disparities and Accessible Care, Northwest Public Health Journal. https://archive.northwestpublichealth.org/archives/s2011/tribal-borders-confronting-health-disparities-and-accessible-care

 

"Native Americans face extensive and complex heath disparities. These disparities reflect widely acknowledged social detriments of health, including poverty and racism. Legacies of discrimination and oppression interfere with access to quality and culturally appropriate health care, and educational and economic opportunities. The reality of human suffering faced by man Native Americans can overshadow the strengths and solutions that can be found within tribal communities. We provide a brief overview of the relative health disparities, barriers to health, and potential future directions for Montana's Native communities." (Belcourt-Dittloff, p. 18).

Brown, Blakely. (2012). Developing and Piloting the Journey to Native Youth Health Program in Northern Plains Indian Communities. The Science of Diabetes Self-Management and Care, 39(1), 109-118. https://doi.org/10.1177/0145721712465343

The purpose of this study was to develop a lifestyle change program for Native American youth by modifying the Diabetes Prevention Program (DPP) and assess implementation indicators and short term behavioral and physiological outcomes of the intervention among a small pilot sample.

Wandler, Hillary. (2017). Helping Native American Veterans with VA Claims: New Opportunities for Tribes and Tribal Colleges, Tribal College: Journal American Indian Higher Education, 29(Winter). https://tribalcollegejournal.org/helping-native-american-veterans-with-va-claims-new-opportunities-for-tribes-and-tribal-colleges/

 

Summary: The veterans and military law section of the Federal Bar Association highlighted the "critical need for advocacy through culturally competent representation before the agency," perpetuated by Native American veterans being geographically remote from VA regional offices and Veterans Service Officers employed by the state (Scott, n.d.). [...]the Indian Health Council, a consortium of nine tribes providing a variety of health services to surrounding tribal communities, noted barriers that may make it more difficult for Native American veterans to access assistance with VA claims: A lack of trust, a lack of comprehension to the VA policies, or even a lack of access to a local VA department could prevent a Native American veteran to seek necessary services. While an organization has some options to be selective, this requirement basically means the organization must represent anyone requesting its services at any point along the claims process, including appeals. *"Take affirmative action, including training and monitoring of accredited representatives, to ensure proper handling of claims." Collaborating to take advantage of that opportunity will result in increasingly effective services for the Native American veterans who have served our country "in the U.S. Armed Forces in every major military conflict since the Revolutionary War, and in greater numbers per capita than any other ethnic group.

Williamson, Laura L., Todd S. Harwell, Todd W. Koch, et al. (2021). COVID-19 Incidence and Mortality Among American Indian/Alaskan Native and White Person– Montana, March 13-November 30, 2020. CDC: Morbidity and Mortality Weekly Report, 70(17), 510-513. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8030982/.

 

Geographic differences in infectious disease mortality rates have been observed among American Indian or Alaska Native (AI/AN) persons in the United States (1), and aggregate analyses of data from selected U.S. states indicate that COVID-19 incidence and mortality are higher among AI/AN persons than they are among White persons (2,3). State-level data could be used to identify disparities and guide local efforts to reduce COVID-19–associated incidence and mortality; however, such data are limited. Reports of laboratory-confirmed COVID-19 cases and COVID-19–associated deaths reported to the Montana Department of Public Health and Human Services (MDPHHS) were analyzed to describe COVID-19 incidence, mortality, and case-fatality rates among AI/AN persons compared with those among White persons. During March–November 2020 in Montana, the estimated cumulative COVID-19 incidence among AI/AN persons (9,064 cases per 100,000) was 2.2 times that among White persons (4,033 cases per 100,000).* During the same period, the cumulative COVID-19 mortality rate among AI/AN persons (267 deaths per 100,000) was 3.8 times that among White persons (71 deaths per 100,000). The AI/AN COVID-19 case-fatality rate (29.4 deaths per 1,000 COVID-19 cases) was 1.7 times the rate in White persons (17.0 deaths per 1,000). State-level surveillance findings can help in developing state and tribal COVID-19 vaccine allocation strategies and assist in local implementation of culturally appropriate public health measures that might help reduce COVID-19 incidence and mortality in AI/AN communities.

Rink, Elizabeth, Kelly Knight, Colter Ellis, et al. (2020) Using Community-Based Participatory Research to Design, Conduct, and Evaluate Randomized Controlled Trials with American Indian Communities. Preventing Chronic Disease, 17. http://dx.doi.org/10.5888/pcd17.200099

 

Abstract:

Purpose and Objective: Academic literature indicates a need for more integration of Indigenous and colonial research systems in the design, implementation, and evaluation of randomized controlled trials (RCTs) with American Indian communities. In this article, we describe ways to implement RCTs with Tribal Nations using community-based participatory research (CBPR) principles and practices.

 

Intervention Approach: We used a multiple case study research design to examine how Tribal Nations and researchers collaborated to develop, implement, and evaluate CBPR RCTs.

 

Results: We identified commonalities that were foundational to the success of CBPR RCTs with Tribal Nations. Long-standing community–researcher relationships were critical to development, implementation, and evaluation of RCTs, although what constituted success in the 3 CBPR RCTs was diverse and dependent on the context of each trial. Respect for the importance of diverse knowledge systems that account for both Indigenous knowledge and colonial science also contributed to the success of the RCTs.

 

Implications for Public Health: Tribal–academic partnerships using CBPR RCTs must include 1) establishing trusted CBPR partnerships and receiving tribal approval before embarking on RCTs with Tribal Nations; 2) balancing tribal community interests and desires with the colonial scientific rigor of RCTs; and 3) using outcomes that include tribal community concepts of success as well as outcomes found in standard colonial scientific research practices to measure the success of the CBPR RCTs.

Preventing Chronic Disease, 17. http://dx.doi.org/10.5888/pcd17.200099

 

Abstract:

Purpose and Objective: Academic literature indicates a need for more integration of Indigenous and colonial research systems in the design, implementation, and evaluation of randomized controlled trials (RCTs) with American Indian communities. In this article, we describe ways to implement RCTs with Tribal Nations using community-based participatory research (CBPR) principles and practices.

 

Intervention Approach: We used a multiple case study research design to examine how Tribal Nations and researchers collaborated to develop, implement, and evaluate CBPR RCTs.

 

Results: We identified commonalities that were foundational to the success of CBPR RCTs with Tribal Nations. Long-standing community–researcher relationships were critical to development, implementation, and evaluation of RCTs, although what constituted success in the 3 CBPR RCTs was diverse and dependent on the context of each trial. Respect for the importance of diverse knowledge systems that account for both Indigenous knowledge and colonial science also contributed to the success of the RCTs.

 

Implications for Public Health: Tribal–academic partnerships using CBPR RCTs must include 1) establishing trusted CBPR partnerships and receiving tribal approval before embarking on RCTs with Tribal Nations; 2) balancing tribal community interests and desires with the colonial scientific rigor of RCTs; and 3) using outcomes that include tribal community concepts of success as well as outcomes found in standard colonial scientific research practices to measure the success of the CBPR RCTs.

Gameon, Julie A. and Monica C. Skewes. (2020). Systematic Review of Trauma Interventions in Native Communities. American Journal of Community Psychology, 65, 223-241. https://onlinelibrary.wiley.com/doi/full/10.1002/ajcp.12396

 

Abstract: American Indian/Alaska Native and First Nations communities suffer from health disparities associated with multiple forms of trauma exposure. Culturally appropriate interventions are needed to heal current and historical trauma wounds. Although there are evidence-based trauma interventions for other populations, few have been implemented or evaluated with Native communities. Understanding the extant research on trauma interventions in Native communities is crucial for advancing science and filling gaps in the evidence base, and for meeting the needs of underserved people. In this systematic review of the literature on trauma interventions in Native communities in the U.S., Canada, Australia, and New Zealand, we identified 15 studies representing 10 interventions for historical and/or current trauma. These studies involved the community to some extent in developing or culturally adapting the interventions and suggested positive outcomes with regard to historical and interpersonal trauma symptoms. However, notable limitations in study design and research methods limit both internal and external validity of these conclusions. Only one study attempted (but did not achieve) a quasi-experimental design, and small sample sizes were persistent limitations across studies. Recommendations for researchers include working in partnership with Native communities to overcome barriers to trauma intervention research and to increase the rigor of the studies so that ongoing efforts to treat trauma can yield publishable data and communities can secure funding for intervention research.

Harris, Kari Jo. (2019). Community Readiness Model for Preventing Planning: Addressing Childhood Obesity in American Indian Reservation Communities. Journal of Racial and Ethnic Health Disparities, 6, 1144-1156. https://doi.org/10.1007/s40615-019-00616-6

 

The article analyzes the communities readiness to address public health issues. The community readiness model (CRM) is a stage-matched assessment protocol to assess community readiness to address a public health issue. The model is used to identify appropriate, culturally sensitive, and community-specific intervention strategies for preventing obesity in children, researchers, and community members formed a partnership to address childhood obesity within one American Indian Reservation.

Walters, Karina L., Michelle Johnson-Jennings, Sandra Stroud, et al. (2020). Growing from Our Roots: Strategies for Developing Culturally Grounded Health Promotion Intervention in American Indian, Alaska Native, and Native Hawaiian Communities. Prevention Science, 2, 54-64. https://doi.org/10.1007/s11121-018-0952-z

 

Given the paucity of empirically based health promotion interventions designed by and for American Indian, Alaska Native, and Native Hawaiian (i.e., Native) communities, researchers and partnering communities have had to rely on the adaptation of evidence-based interventions (EBIs) designed for non-Native populations, a decidedly sub-optimal approach. Native communities have called for development of Indigenous health promotion programs in which their cultural worldviews and protocols are prioritized in the design, development, testing, and implementation. There is limited information regarding how Native communities and scholars have successfully collaborated to design and implement culturally based prevention efforts “from the ground up.” Drawing on five diverse community-based Native health intervention studies, we describe strategies for designing and implementing culturally grounded models of health promotion developed in partnership with Native communities. Additionally, we highlight indigenist worldviews and protocols that undergird Native health interventions with an emphasis on the incorporation of (1) original instructions, (2) relational restoration, (3) narrative-[em]bodied transformation, and (4) indigenist community-based participatory research (ICBPR) processes. Finally, we demonstrate how culturally grounded interventions can improve population health when they prioritize local Indigenous knowledge and health-positive messages for individual to multi-level community interventions.

Kirby, Heather Lynn. (2007). The Relationship Between Levels of Empathy and Stress Contagion. Graduate Student Theses, Dissertations & Professional Papers. https://scholarworks.umt.edu/etd/1061

 

Abstract: Although potential benefits associated with social support are well documented, it is also the case that social networks expose an individual to the stressful life events of others. Studies have shown that the stressful life events of others are positively related to negative affect. It has been theorized by several researchers that relationships between, for example, stressful life events of others and negative affect are evidence of a stress contagion process that may occur through empathy. The current study addressed this idea by testing whether the positive relationship that exists between network stress and depressive symptoms varied dependent upon (ie. was moderated by) an individual’s level of empathy. A sample of 160 Native American individuals, ages fifty and older, who completed the “Coping in Later Life” survey was utilized. A series of hierarchical multiple regression analyses revealed that when network stress is measured by number of life events that occurred to others, empathy does moderate the relationship between network stress and depressive symptoms. This significant interaction occurs both when using a global level of empathy and when the Personal Distress dimension of the measure is removed. Personal Distress alone does not moderate the relationship between overall network stress and depressive symptoms. These data fill several gaps in the social network, stress, and empathy research literature. It also advances the understanding of the stress contagion process.

Brown, Blakely, Laura Dybdal, Curtis Noonan, et al. (2019). Group Gardening in a Native American Community: A Collaborative Approach. Health Promotion Practice, 21(4), 611-623. https://doi.org/10.1177/1524839919830930

 

Abstract:

Background: There is increasing awareness of the potential health benefits derived from gardening activities. Gardening practices are gaining momentum in Native American (NA) communities, yet no efforts have applied a community-based participatory research approach within a social-ecological model to understand opportunities and barriers for group gardening on an American Indian reservation.

 

 Objectives: The primary objective of this study was to identify influences across social-ecological levels that promote or hinder the implementation of community gardens and use of locally grown foods on the reservation; a secondary objective was to assess the feasibility of implementing a group gardening program for NA adults and potential of collecting health outcome measures. Method. Community members and academicians collaborated to develop and implement this study. The study (1) conducted interviews with key stakeholders to identify influences across social-ecological levels that promote or hinder the implementation of community gardens and using locally produced food and (2) assessed the physical and psychological well-being of NA adults participating in a group gardening feasibility study.

 

Results: Major factors influencing using locally grown food and community gardens that emerged from nine interviews included knowledge/experience, self-efficacy, Elders, traditional ways, community values, generational gaps, and local tribal policies. Twenty NA adults with prediabetes or diabetes participated in the feasibility study. The Profile of Mood States Inventory showed consistently positive change in score for participants in the group gardening program versus the comparison group.

Conclusions. This study identified key influences for growing locally grown food, and approaches for implementing group gardening programs for NA adults.

Protective Factors

Smith, Cathay Y.N. (2016) Oral Tradition and the Kennewick Man, Yale Law Journal, 126. (Accessed June 24, 2021) www.yalelawjournal.com/forum/oral-tradition-and-the-kennewick-man.

 

"Indigenous experiences, as found within traditional ways and cultural practices, are an acknowledgement of traditional methods for sharing, learning, and collective knowledge development and maintenance. The application of Cultural Safety Circles can help provide a collective space where definitions for cultural and educational exchange can take place and be identified. It is through this application that a discussion is presented on how the inherent issue of cultural safety, as it pertains to participation in higher education, can be explored to a deeper understanding."

Aseron, Johnnie., S. Neyooxet Greymorning, Adrian Miller, et al. (2013). Cultural Safety Circles And Indigenous Peoples Perspectives: Inclusive Practices For Participation In Higher Education. Contemporary Issues in Education Research (CIER), 6(4), 409-416. https://doi.org/10.19030/cier.v6i4.8109

 

"Indigenous experiences, as found within traditional ways and cultural practices, are an acknowledgement of traditional methods for sharing, learning, and collective knowledge development and maintenance. The application of Cultural Safety Circles can help provide a collective space where definitions for cultural and educational exchange can take place and be identified. It is through this application that a discussion is presented on how the inherent issue of cultural safety, as it pertains to participation in higher education, can be explored to a deeper understanding."

Killsback, Leo Kevin. (2019) A nation of families: Traditional Indigenous kinship, the foundation for Cheyenne sovereignty. AlterNative: An International Journal of Indigenous Peoples, 15(1), 34-43. https://journals.sagepub.com/doi/full/10.1177/1177180118822833

 

One of the major destructive forces to American Indian peoples were the assimilation-based policies that destroyed traditional kinship systems and family units. This destruction contributed to the cycle of dysfunction that continues to plague families and homes in Indian country. A second major destructive blow occurred when colonial forces, through law and policy, reinforced white male patriarchal kinship and family systems. In this colonial system, American Indian concepts, roles, and responsibilities associated with fatherhood and motherhood were devalued and Indian children grew up with a dysfunctional sense of family and kinship. This article examines the traditional kinship system of the Cheyenne Indians, highlighting the importance of kinship terms, roles, and responsibilities. The traditional Cheyenne kinship system emphasized familial relationships for the sake of childrearing and imparting traditional values of respect, reciprocity, and balance. Traditional principles of heške’estovestôtse (motherhood), héhe’estovestôtse (fatherhood), and méhósánestôtse (love) were the backbone of the Cheyenne family.