Our fellow this year, Ken Akini, passed the Michigan Bar.
Congratulations, Ken!!
Our fellow this year, Ken Akini, passed the Michigan Bar.
Congratulations, Ken!!
This appeal is decided on the basis of the equitable bar on recovery of ancestral land in City of Sherrill v. Oneida Indian Nation, 544 U.S. 197 (2005) (“Sherrill”), and this Court’s cases of Cayuga Indian Nation v. Pataki, 413 17 F.3d 266 (2d Cir. 2005) (“Cayuga”) and Oneida Indian Nation v. County of Oneida, 617 F.3d 114 (2010) (“Oneida”). Three specific factors determine when ancestral land claims are 20 foreclosed on equitable grounds: (1) “the length of time at issue between an historical injustice and the present day”; (2) “the disruptive nature of claims long delayed”; and (3) “the degree to which these claims upset the justifiable expectations of individuals and entities far removed from the events giving rise to the plaintiffs’ injury.” Oneida, 26 617 F.3d at 127; see also Sherrill, 544 U.S. at 214, 221 (summarizing that the equitable considerations in this area are similar to “doctrines of laches, acquiescence, and impossibility,” and grew from “standards of federal Indian law and federal equity practice”) (internal quotation marks omitted). All three factors support dismissal.
Come by to hear about off-reservation gaming with a Michigan focus. Details here.
Another story from Michigan Radio this morning. We hope the January meeting will include invitations to tribes as well.
A new project is going to try to predict the future of the Great Lakes.
It’s called… wait for it… the Great Lakes Futures Project. It’s a collaboration of 21 universities from the U.S. and Canada.
Don Scavia is the director of the Graham Sustainability Institute at the University of Michigan. He’s one of four project leaders. He says students will team up with a counterpart from the other country, along with a faculty mentor. The teams will develop white papers outlining the biggest things driving change in the Great Lakes region.
“They’ll be looking at things like climate, economics, demographics, chemical and biological pollution, invasive species. Looking back, what have the trends been in the past 50 years and what do we expect trends to look like in the next 50 years?”
Apropos of our conference tomorrow.
Here.
The proposed $245 million casino project involves a complicated business and land deal between the city of Lansing, private developers and an indian tribe from the Upper Peninsula.
So complicated those involved were not able to reach an agreement on the various aspects of the project by an August deadline. So they gave themselves an extension until November 1st.
But with two weeks before the extended deadline there’s still no final agreement.
John Wernet is an attorney for the Sault Ste Marie Tribe of Chippewa Indians. He says they are “on track to close on the purchase by November 1, though the amount of work….is a bit daunting.”
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