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Article: Aboriginal subsistence whaling and the right to practice and revitalize cultural traditions and customs *.
- Article from:
- Journal of International Wildlife Law & Policy
- Article date:
- September 1, 2005
- Author:
CopyrightCOPYRIGHT 2005 Kluwer Law International. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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1. INTRODUCTION
Like the miner's canary, the Indian marks the shift from fresh air
to poison gas in our political atmosphere, and our treatment of
Indians, even more than our treatment of other minorities,
reflects the rise and fall of our democratic faith.
So stated Felix Cohen in his seminal article, The Erosion of Indian Rights (1953). (1) It is through Cohen's lens that we examine the controversy over the resumption of whaling by the Makah Indian Nation, (2) following the recovery of the eastern North Pacific stock of gray whales (Eschrichtius robustus or California gray whale).
On June 16, 1994, the federal government delisted ...