Approaching the Bench: Translating Anthropological Expertise and Indigeneity in the Courtroom

Abstract

The Indian Claims Commission (active between 1946-1978) was a legal entity created to allow Native American tribes to demand justice for historical wrongs at the hands of the United States’ federal government. Because of the reliance on historical and culturally specific evidence, anthropologists were primarily relied upon as expert witnesses. Stepping into these roles confronted anthropologists with a myriad of ethical, methodological, and practical issues, compelling these scholars to consider anthropology and Indigenous peoples’ relationship to the law more generally. This thesis examines the anthropologist as an expert witness from the Indian Claims Commission to today. It primarily relies on an examination of the archival materials of Anthony F.C. Wallace, an anthropologist operating during the Indian Claims Commission, and the insights of other scholars contemporary to that time to understand how anthropologists have adapted to these roles. Finally, it contrasts these scholars’ methods with those of anthropologists working in the legal realm today to understand how the field has evolved. Rather than providing one resolution, this thesis offers recommendations that suggest perhaps upheaval is necessary in moving forward towards greater collaboration among the law and anthropology, and a more equitable justice system for Indigenous peoples.