Author: Kate Fort

Mohawk Ironworkers Story in WNYC

Kate Fort

Here.

At its peak in the late 1950s, there were 800 Mohawk ironworkers living in North Gowanus in a neighborhood nicknamed Little Kahnawake. They made up about 15 percent of ironworkers then. Today, they make up about 10 percent.

“Virtually every skyscraper … has been built by Mohawk and other Iroquois ironworkers including the new Time Warner building…Rockefeller Center, Empire State building, Chrysler, all these skyscrapers, virtually all the bridges,” said Robert Venables, a historian and former Director of Cornell University’s American Indian studies program.

via C.G.

Stephen Pevar to Speak at ILPC Event Tomorrow

Kate Fort

Stephen Pevar, the author of The Rights of Indians and Tribes, is speaking tomorrow at 2pm. We also have two commentators, Philip (Sam) Deloria and Mario Gonzalez, who will talk about his book and their work. The event will be in the Castle Board Room on the third floor of the Law College (648 N. Shaw Lane, East Lansing). Coffee and snacks will be served.

March 20, 2012 2:00 pm (Castle Board Room)

Author:

Stephen Pevar

The Rights of Indians and Tribes

Commentators:

Mario Gonzalez, Gonzalez Law Firm
Philip S. (Sam) Deloria, American Indian Graduate Center

Denial of TRO in Yakama Nation v. Holder

Kate Fort3 Comments

Order

As the Court declines to enter a preliminary injunction on the grounds that unclear legal precedent preclude a finding of a likelihood of success on the merits and that public policy counsels against injunction, the Court does not reach the issues of irreparable harm and the balance of the equities. The Court notes, however, that this decision should not be seen as a comment on the ultimate merits of this case. Policies that counsel against the extraordinary remedy of a preliminary injunction may have no relevance to the ultimate questions of tribal and state sovereignty which are at issue in this case.

Additionally, the Court’s unwillingness to enter an injunction should not be construed as an invitation to the County to ignore the jurisdictional concerns raised by the Nation in the materials supporting this motion. It appears that the parties have the capacity to resolve many of their concerns by finding common ground through their shared interest in investigating and punishing crime. To that end, an agreement or memorandum of understanding respecting the jurisdictional authority of both parties could clarify what the County refers to as a “jurisdictional maze.”

Michigan COA ICWA Notice Case

Kate Fort

In re Yost

Given this evidence regarding the efforts made to notify possible tribes which the children might have been affiliated with, as well as the lack of any mention by respondent throughout the proceedings regarding the application of the ICWA, we cannot conclude that petitioner and the circuit court violated the notice requirements of 25 USC 1912(a).1

Materials in North Dakota State Board of Higher Ed v. Jaeger

Kate Fort

Documents only available through HTM links, not as PDFs.
3:00pm Thursday, March 15, 2012
20120112 North Dakota State Board
of Higher Education, Petitioner
v.
Al Jaeger, Secretary of State,
in his official capacity,
Fighting Sioux Ballot Measures
aka Committee For Understanding
and Respect, Respondents
and
North Dakota Legislative Assembly Intervenor

Nature of Action: Writ of Prohibition (Civil)
Counsel:
Petitioner: Douglas Alan Bahr , Att. General Office
Respondent: Reed Alan Soderstrom
Intervenor: Patrick W. Durick
Respondent: Sarah Andrews Herman , Spec. Asst. Atty. Gen.
Respondent: Matthew Allen Kipp , Spec. Asst. Atty. Gen.
Intervenor: Zachary Evan Pelham
Respondent: Stephen John Behm
Issues: Respondent’s Statement of the Issues:
Fighting Sioux Ballet Measurers Issues:
1. Whether Article I, 3, regarding the free exercise and enjoyment of religion precludes the State Board of Higher Education (“SBHE”) to obtain a Writ of Injunction without joinder of the N.D. Sioux Tribes.
2. Whether the 1969 sacred Sioux ceremony giving the Fighting Sioux name to the University of North Dakota constitutes a religious function preventing civil interference.
3. Because the Secretary of State has not certified the Referral Petitions nor has there been an actual vote, whether the matter is ripe for Appellate Review.
4. Whether the actions by the majority of the State Legislature along with the State Board of Higher Education can be separated because the two entities acted in concert to promulgate SB 2370.
5. If SBHE and legislative actions can be separated so that constitutional authority can be chosen and decided by this Court, then the issue is whether or not retaining or retiring the Fighting Sioux name is an act to “organize or reorganize” under Article VIII, 6(6)(b) subject to statutory and constitutional limitations.
6. Because of the SBHE’s failure to assert any constitutional rights following the enactment of N.D.C.C. 15-10-46 and the subsequent repeal of said statute pursuant to SB2370, whether the matter has now vested to the power reserved to the people pursuant to Article III, 1 to approve or reject legislative acts for which the SBHE was directly and influentially involved.
Briefs:

Onondaga Land Claim Materials Filed in 2nd Circuit

Kate Fort1 Comment

Here is our coverage of the lower court decision.

Opening Brief

Appendix

Amicus Brief

Job Opening: NICWA Development Manager

Kate Fort

Please assist us in recruiting qualified applicants for a development manager position at NICWA. The closing date is March 9.

The National Indian Child Welfare Association (NICWA), based in Portland, Oregon, is seeking a development manager adept in maximizing opportunities for benefactor generosity and achieving fund raising goals. This is an outstanding opportunity for an outgoing development professional to make a difference in the lives of children in American Indian communities across North America. The ideal candidate is adept in sequential and systematic networking, relationship nurturing, follow-through, and time management. Success is achieved through

  • strategic marketing;
  • industrious networking; and
  • friendly, persistent, and patient adherence to development processes.

Qualifications: AS/BS/BA in business marketing, communications, journalism, media relations, or equivalent specialized experience. The ability to plan, implement and achieve development program goals is paramount. Friendly and engaging interaction with executives; proven expertise in previous development campaigns; and experience working in American Indian culture, Indian Country, and tribal child welfare systems also required. Travel 15%-20%.

Salary range: $45K to $65K DOE; excellent benefit package. Email resume, cover letter, six professional references, and salary history to Carmen Farmer at Carmen@nicwa.org or fax to her at (503) 222-4007 or mail to NICWA, 5100 SW Macadam Ave, #300, Portland, OR 97239 by March 9, 2012

The job description can be found on the NICWA website at www.nicwa.org/careers/.

 

News Coverage of CERD Review of Canada

Kate Fort1 Comment

We mentioned this here.
Coverage from the Montreal Gazette here.

Canada’s international reputation came under fire in Geneva on Wednesday as a UN expert panel delivered scathing criticisms over the government’s treatment of First Nations and recent changes to the country’s immigration system.

Members on the Committee on the Elimination of Racial Discrimination, all of them human-rights experts from around the world, questioned why headway has not been made in resolving the disparities between First Nations communities and the rest of the country.

“This problem should not continue the same way as it has in the past,” said Noureddine Amir, vice-chairman of the Committee on the Elimination of Racial Discrimination. “How long will this be ongoing?”

The treatment of natives jumped back onto the federal political agenda after the Red Cross delivered humanitarian aid to the First Nations community of Attawapiskat in northern Ontario late last year.

 

DOJ Anti-Human Trafficking Training and Technical Assistance for Tribal Law Enforcement Grant

Kate Fort

Information here (pdf).

The U.S. Department of Justice (DOJ), Office of Justice Programs (OJP), Bureau of Justice Assistance (BJA) is pleased to announce that it is seeking applications to support training and technical assistance that will assist Indian tribes through tribal, federal, or local law enforcement in identifying and rescuing victims of human trafficking within tribal communities or native villages. This program furthers the Department’s mission by enhancing Indian tribes’ response, through tribal law enforcement, to human trafficking victims of tribal communities or native villages.

MN Court of Appeals Decides ICWA Case

Kate Fort

In re E.A.C.

On appeal from the denial of a petition to return custody, appellant argues that
(a) a challenge to a petition for return of custody under the Indian Child Welfare Act, 25 U.S.C. §§ 1901␣1963 (2006), requires application of all subsections of section 1912 to determine whether reunification is not in the child’s best interests, (b) the district court erred in concluding that remedial services provided to appellant five years ago satisfied ICWA’s requirement to demonstrate active efforts to provide appellant remedial services, and (c) the district court erred in determining that no showing of harm to appellant’s child was required under ICWA because appellant did not retain continued custody after voluntarily terminating her parental rights. Because (1) section 1916(a) requires district courts to apply all subsections of section 1912 in determining whether reunification is not in a child’s best interests, (2) the district court erred in concluding that the active-efforts requirement under section 1912(d) was satisfied, and (3) the district court erred by making no findings under section 1912(f), we reverse and remand.