To Feel the Summer in the Spring: The Treaty Fishing Rights of the Wisconsin Chippewa

Abstract

In this Article, adapted from his Oliver Rundell Lecture delivered at the University of Wisconsin Law School in April 1990, Professor Charles Wilkinson explores the historical and contemporary conflict arising out of the Chippewa people\u27s assertion of nineteenth century treaty fishing rights. A key to comprehending the Chippewa\u27s position is a realization that they are governments whose sovereign rights predate the United States Constitution and are preserved in federal treaties and statutes. The Chippewa\u27s survival as a people depends upon a recognition of their sovereign prerogatives, an understanding of their history, a respect for their dignity and a just application of the rule of law. To this end, Professor Wilkinson advocates a strategy of cooperative management that would uphold the government\u27s treaty obligations and ensure the continued health of the state\u27s fisheries

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