ABSTRACT

This chapter considers the trickster as a way to resist neoliberalism in research processes and ethics, particularly those involving Native Nations and Peoples. The initial concept of the trust responsibility was first articulated judicially in the case of Cherokee Nation v. Georgia. “Cherokee Nation was an original action filed by the tribe in the Supreme Court to enjoin enforcement of state laws on lands guaranteed to the tribe by treaties”. The United States was found to owe a trust responsibility, to enforce treaty relationships, to all federally recognized Native Nations. In 2000 President Clinton signed Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, which essentially reaffirmed the trust responsibilities doctrine. In the United States, arising from the trust relationship, there are clear tribal consultation processes that require federal agencies with regulatory responsibilities to consult consistently with Indigenous Nations, particularly if regulatory changes will impact Indigenous Nations.