Word: indianized
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Dates: during 1970-1979
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Lawrence D. Shubow '44, the chief counsel to the Indians, cites Gov. Michael S. Dukakis' 1976 executive order declaring the Wamponoag a tribe, and Richard McCann, HEW regional commissioner of the Office of Education in Boston, offers another example. He reports that the Wamponoags of Mashpee have not been rejected in their application for federal aid under part B of the Indian Education Act of 1972, which stipulates tribal status as a prerequisite for accepting applications, and that the Wamponoags have already received aid under part A of the act, which offers an entitlement program based on the number...
...posed this very question: "How can a white jury decide for us? We know who we are." The sessions of the trial consistently revealed the difficulty of cross-cultural evaluation. At one point during the proceedings, James D. St. Clair, chief counsel for the town of Mashpee, asked an Indian witness to define for the jury what being an Indian witness to define for the jury what being an Indian meant. The witness replied: "If I were to sit here all day explaining it to you, you still would never understand...
...biases. The arguments and cross-examination of St. Clair, whose previous clients include a disgraced former president, actively violated this standard throughout the trial. St. Clair deliberately and subtly appealed to the prejudices--cultural and racist--of the jury. In his opening statement, St. Clair specified cultural assimilation, especially Indian intermarriage with blacks and whites, as one example of the Indians' failure to comprise a tribe. The ploy was an insidious one--St. Clair skillfully appealed to whatever prejudices the jury may have entertained against blacks or against intermarriage between races...
...said the defense lawyers offered the jury a false definition of a tribe, which may have confused the jury. St. Clair emphasized the assimilation of the Mashpee Indians in his arguments but Tureen said "You don't stop being an Indian because you're culturally assimilated...
Shubow said he believed the outcome of the trial will have a "psychological, not a precedental effect" on other Indian lawsuits in Rhode Island and Martha's Vineyard, as well as on a separate attempt by the Mashpee Wamponoags to gain federal regulation of their tribal status by the federal Bureau of Indian Affairs...