You Be The Judge
A webquest by Keith Martin

The Topic
This WebQuest will focus on an on-going (as of March 2003) conflict between members of the Shoshone Nation and the U.S. Government.

The Task
You are a Supreme Court Justice that will make a decision on a case before the court. You will:
1] review evidence submitted on behalf of both parties
2] review factual information that you will research
3] make your decision
4] write a ‘brief’ or a summary statement in which you
A. explain how you came to the decision that you did
B. explain why you came to the decision that you did
C. use facts to defend your decision
5] then discuss this matter with six other Justices (classmates)
A. if any of the other Justices disagree with you, they will try to convince you to change your opinion
B. if you disagree with any of the other Justices, you will try to convince them to change their opinion
6] then, along with your fellow Justices, present your ruling, (the majority rules!) and statements, to the whole class.

The Process
1. First you will Quest the Web using the sites and materials provided by your teacher, on this paper
2. You will read and hear material from which you will have to interpret facts from opinions 3. You will have to make judgments based on your knowledge of law and justice
4. You will have to clearly articulate your opinions in writing
5. You will then have to defend your opinions in discussions with other judges
6. Lastly, you will orally present your decision, and defend it, to the class

Phase 1
Research and compile data
The Citizen Alert *(http://www.citizenalert.org/fctshts/rubyvall.html) web site contains a copy of the text of the Treaty of Ruby Valley, between the Western Shoshone and the U.S. Government, 1864, and maps of the territory. Go to this site and
1] identify what portion of the states of Nevada and California are in dispute 2] identify what major U.S. government installations exist in the disputed area 3] read the text of the treaty and outline it’s major components
4] analyze and explain which parts of the treaty support each of the two sides in the case
The Shoshone Motion*( http://www.nativeweb.org/pages/legal/shoshone/memo_intervene.html) to Intervene details their legal argument to prevent the transfer of lands to the U.S. Go this site and
5] identify the major reasons why they feel the U.S. government has no right to the land in question
The Western Shoshone government’s testimony* (http://www.nativeweb.org/pages/legal/shoshone/testimonyw.html) against monetary distribution of United States Indian Claims Commission docket 326K {S. 958} and[6] Explain the concepts of: "federal trusteeship" and "plenary power" over Indian affairs, which the U.S. Supreme Court upheld in United States v. Dann, 470 U.S. 39 (1985)
Use a dictionary or other reference book if you need to!
-2-

Research and compile data
Listen to a KNPR Public Radio archive recording* (http://www.knpr.org/archive/detail.cfm?FeatureID=1971) concerning some of the history of this case.
[7] Explain the argument used by the U.S. government to validate the Shoshone losing title to the land
[8] Explain the argument used in the 1823 Supreme Court case (Johnson v Macintosh) to justify land ownership or title to land as well as the historic basis on which the above was founded
Read a Nevada Appeal newspaper article* (http://www.nevadaappeal.com/apps/pbcs.dll/artikkel?SearchID=7312743237510
0&Avis=NA&Dato=20030208&Kategori=NEWS&Lopenr=302080109&Ref=AR) on how a California rancher gives Indian horses sanctuary.
[9] Explain the arguments used to define who is trespassing on the land in question
Listen to another KNPR Public Radio archive recording* (http://www.knpr.org/archive/detail.cfm?FeatureID=1977 ) concerning some of the history of this case.
[10] State arguments used by both sides in the dispute over the land

Phase two: Your opinion and ruling
[11] Reflect on the research you have done and then write your Brief, your opinion, as to which side is in the right. Clearly articulate your opinions in writing based on the facts you have gathered in your research.
[12] Defend your opinions in discussions with other judges and try to persuade those that do not agree with you to agree with you!

Phase three: Your presentation to the class
[13] Orally present your decision, and defend it, to the class. (Use your notes, or make note cards to refer to. This phase would be best, easiest for sure, if you do this and practice before presenting to your classmates. You can always dazzle members of your family with the knowledge you have on this topic!)

Conclusion
By completing this WebQuest successfully, you should have learned many of the legal arguments for both sides in this dispute. You should have also learned that matters such as this are not easy to figure out due to the many aspects and details involved.Further areas of interest that are related to this WebQuest would be a study of the cultural views of land (Anglo-European v. Native American), treaties between the U.S. government and other Native American nations, the history of all treaties between the Shoshone Nation and the U.S. government, the treatment (political, social, economic) of Native Americans by Anglo-Europeans and the treatment (political, social, economic) of Anglo-Europeans by Native Americans. Of course, you may have a few additional areas of interest that you want to learn more about.