National Center for American Indian Enterprise Development 40 Under 40 Awards

We are excited to see MSU Law alum Bryan Newland received one of the NCAIED 40 under 40 awards for 2011.  We’re also pleased to have recently met fellow award winner Sequoyah Simermeyer, when he accompanied his brother to East Lansing.  We’re very happy to have John Simermeyer starting at MSU Law this fall.

Judges Petoskey, Thorne and Pouley Discuss ICWA and Tribal Jurisdicion

The Center for Court Innovation recently posted this podcast.

Theresa Pouley, chief judge of the Tulalip Tribal Court in Washington State, Michael Petoskey, chief judge of the Pokagan Band of Potawatomi Indians in Michigan, and William A. Thorne Jr., a Pomo/Coast Miwok Indian appointed to the Utah Court of Appeals, discuss misconceptions about the Indian Child Welfare Act and the advantages of transferring child welfare cases from state to tribal jurisdiction. This is one of three podcasts produced in collaboration with the National Council of Juvenile and Family Court Judges. (July 2011)

Thanks to E.P. for sending it our way.

Seneca Nation President Porter Featured on All Things Considered Today

Here.  The audio is available after 7pm today.

“The difference today, unlike in times past, is that we are often dictating the terms and we are no longer being at the short end of someone else’s decision.”

– Robert Odawi Porter, president of the Seneca Nation

Sixty years ago, the road meandered past thriving communities, with Seneca homes along the Alleghany River, hunting and fishing grounds, cemeteries, churches, schools.

But in the 1960s, the U.S. government decided it needed the land to control flooding downriver in Pittsburgh. The Army Corps of Engineers condemned the villages, burnt down the houses and schools and churches, and built the Kinzua hydropower dam. The Senecas had fought the plan in Washington for almost two decades.

“They had been burning other people’s homes, but our home — my father burned it,” says Steve Gordon, who was 12 at the time. He says his father wouldn’t let the federal government set his house afire. “So my dad loaded us all up in his vehicle and took us down there and we watched it burn to the ground, cause if anybody’s going to burn our house, it’ll be us,” Gordon says.

Porter was 2 years old when Kinzua was built. He says he grew up like all Senecas at the time.

“No one had any money growing up,” he says. “I mean, this was on the heels of the Kinzua era. No real jobs. The Nation government had no economic presence.”

July Press Releases from the Assistant Secretary-Indian Affairs Office

Previous releases can be found here.

July, 2011

07-19-11LEH Visits Wounded Marine071911PR

Montana Tribal Meetings Summary

07-15-11 NAGPRA Grants

HPG-2011

WaPo Coverage of College Affirmative Action Circuit Split

Here.  Our previous coverage of the Sixth Circuit case is here.
College affirmative action back on Supreme Court’s horizon

By , Published: July 31

When the Supreme Court in 2003 narrowly approved the consideration of race in public university admission decisions, it came with loads of restrictions and a sort of expiration date.“We expect that 25 years from now, the use of racial preferences will no longer be necessary to further the interest approved today,” Justice Sandra Day O’Connor wrote for the majority in Grutter v. Bollinger .

***

One is from Texas, where a panel of the U.S. Court of Appeals for the 5th Circuit upheld a race-conscious admissions policy at the University of Texas at Austin. An attempt to have the entire circuit hear the case failed 9 to 7, and dissenters practically invited the Supreme Court to step in.

The other is from Michigan, where voters in 2006 passed a constitutional amendment to forbid the state’s public colleges and universities from granting “preferential treatment to any individual or group on the basis of race, sex, color, ethnicity, or national origin.”

A panel of the U.S. Court of Appeals for the 6th Circuit ruled 2 to 1 that the amendment violates the Equal Protection Clause of the 14th Amendment because it restructures the state’s political structure to the detriment of minorities.

Michigan Attorney General Bill Schuette (R) on Friday asked the full circuit to review the decision, and said that the Supreme Court would be the next stop if he is unsuccessful with the circuit court.

***

The Texas case, Fisher v. University of Texas , is the farthest along. Washington lawyer Bert W. Rein, who represents Abigail Fisher and Rachel Michalewicz, two students who said UT’s policy discriminated against them, has until mid-September to file a petition with the Supreme Court asking for review.

 

Potential USPS Office Closings in Michigan

Here is a map of the potential USPS office closings in Michigan.  The post offices are in blue, tribes in Michigan are in red.

Wampanoag Tribe Files Suit Over the Cape Wind Project

From the Boston Globe:

The Wampanoag Tribe of Gay Head (Aquinnah) has filed a lawsuit against the federal government for allowing the proposed 130-turbine wind project to move forward in Nantucket Sound.

The lawsuit, filed in U.S. District Court in Washington last week says the wind farm will destroy historical, cultural and spiritual tribal resources located on Horseshoe Shoal which was once exposed land. It also says the wind farm will obstruct views across Nantucket Sound that are used by tribal members for spiritual rituals and contemplation.

The complaint, filed in the D.C. federal District Court, is here.

Cherokee Supreme Court Invalidates Principal Chief Election

As reported on the Indianz twitter feed, the Cherokee Supreme Court has invalidated the election for Principal Chief.  Finding that it is “impossible to determine the election result with mathematical certainty or to certify a successful candidate for the Office of Principal Chief of the Cherokee Nation in this election,” the Court found that the election was invalid and vacated all certifications of the results.

The order is here.

Our previous coverage is here.

Minnesota State Shutdown Interrupts MN Indian Scholarships

From a longer post by Tenured Radical discussing the shutdown:

Open, however, does not mean that higher education in Minnesota continues to be accessible.  A shutdown into late summer  could begin to disrupt or prevent the matriculation of a majority of students prior to the opening of the fall semester. According to this source, financial aid to the state’s most needy students has already been disrupted, interrupting the education of hard-working students who often rely on the summer term to speed their path to a degree. “State grants and scholarships like State Work study programs, the Minnesota Indian scholarship, Child Care grants and the Minnesota GI bill have all been suspended,” reporter Megan Nicolai writes, and the financial aid office is operating on limited hours. However, “The Student Educational Loan Fund program has stayed open, however, after Ramsey County Chief Judge Kathleen Gearin ruled the service critical during a state government shutdown. SELF loans are low-interest loans for Minnesota students who have exhausted their federal aid options for higher education.”