Arguments for Injunction in Bay Mills Casino Case Heard Today

No ruling yet.

From Mlive:

A casino in northern Michigan is illegal and should be closed immediately, a lawyer for the Little Traverse Bay Bands of Odawa Indians argued in federal court in Kalamazoo today.

The Bay Mills Indian Community opened a small casino in November on land it owns in Vanderbilt in Otsego County. The tribe, which is federally recognized and operates another casino in Brimley in the Upper Peninsula, says it is allowed to open casinos on tribe-owned land.

The Little Traverse Bay Bands sued the Bay Mills tribe in December and requested a preliminary injunction that would halt operations at the Vanderbilt casino.

U.S. District Court Judge Paul Maloney this morning heard arguments but made no decision on the injunction. Maloney said he would issue a ruling as soon as possible.

The Vanderbilt casino opened without going through any state or federal approval process. A lawyer for the Bay Mills tribe argued this morning that the land in Vanderbilt was purchased for the betterment of the tribe, making the property Indian land where gambling is allowed.

An attorney for the state of Michigan, which also sued the Bay Mills tribe over the Vanderbilt casino, told Maloney the state is worried about the Bay Mills tribe being allowed to open casinos anywhere it wants without government oversight.

“There is nothing to stop them from expanding,” said Louis Reinwasser, an attorney with the Michigan Attorney General’s office.

The Bay Mills tribe last year purchased property in Flint Township that could be used for a casino if it survives this legal challenge.

ILPC Event: Prof. Atwood on ICWA, March 24th

Please join us for our third event in our Spring Speakers Series, a discussion with Prof. Barbara Atwood, author of Children, Tribes and States: Adoptions and Custody Conflicts Over American Indian Children. The Honorable Michael Petoskey and the Honorable Timothy Connors will be commenting on the book.  The event will start at 11am with lunch in the Castle Board Room, and end by 1pm.  No registration is necessary.

Problems with “Uses of History”

The History News Network posted an essay by Herbert Gans today on Uses of History.  He was making a distinction between Present-oriented history and Past-oriented history.  His point was that the former is looking to history for insights into the present, while the latter is concerned only with the past.  Specifically he writes,

Present-oriented history recounts historical events, processes and other social situations that are useful for understanding what is happening now, even if such comparisons are risky when incompletely done or decontextualized. This kind of history also reports and analyzes the origin of present organizations, institutions, social processes etc. with special attention to how their pasts continue into or shape the present.

and,

Another kind of present-oriented history originates with currently topical events and explores their past in order to better understand the present. Americanists can search the past for roots to our current economic troubles, just as historians of the Mideast trace today’s upheavals to the region’s past.

He compares this history with Past-oriented history, which might be considered history for history’s sake.  Past history is not written to give us insight into the present.  He argues that, for example, a study of tools of 19th century sharecroppers would not give us insights into the plight of urban African-American poor today.  And while it is true that scholars engage in that type of history writing, his main example is particularly unfortunate:

Past-oriented history is about events and people that are not relevant in any way to the present, for example a history of Lake Michigan area Native American settlements during the 15th century. I suppose one could even write a history of Reconstruction that makes no connection to the present, although given the continuing interest in the subject, not to mention the role it played in the arrival of Jim Crow, that would be a difficult task.

While his point about the existence of past-oriented history scholarship might be well taken, stating that the history of Native settlements in 15th century Lake Michigan area are “not relevant in anyway to the present” is simply wrong.  In fact, those settlement patterns were vital to the 2007 consent decree negotiations and the final decree.  See, Matthew L.M. Fletcher, ‘Occupancy’ and ‘Settlement’: Anishinaabemowin and the Interpretation of Michigan Indian Treaty Language. Those settlement patterns are relevant to people today for many cultural and legal reasons.

The other problem with this paragraph is the assumption past-oriented work about an important part of United States history (Reconstruction) would be more difficult than past-oriented work about an important part of Anishinaabe history (tribal settlements before and during contact).  He seems to claim this is true because Reconstruction is part of a longer history from slavery to Jim Crow and beyond.  The statement unfortunately assumes tribal settlement patterns are a discrete and obscure part of history, not tied to a longer history of tribal peoples both before and after contact.  It seems to me Gans took the most obscure thing he could think of someone studying and used it as a (bad) example.

WSJ (and NYTs) Article about Museum Displays

Edited to Add:  The WSJ is not the only publication in fits about modern Native art on display.  The NYT review of the Brooklyn Museum’s display is equally muddled.  It’d be nice if the art reviews were of the art, rather than criticizing it for not being old:

Also in this section is a blue-and-white carved wood piece called “Horse Head Effigy Stick,” by Butch Thunder Hawk, of the Hunkpapa Lakota. A casual viewer might mistake it for a war club, with a horse-head-shaped business end, used in the 19th century when intertribal warfare was a way of life. It turns out that it was made in 1998, which, if you think about it, raises puzzling — but here unanswered — questions. What is the relationship of this rather slick modern object to the historic artifacts? And what about the buffalo-horn ladle with a glossy cube pattern imitating the 20th-century Dutch illusionist M. C. Escher that Kevin Pourier, a member of the Oglala Lakota, created in 2009?

The display suggests that there is no important difference between the old and the new. But how can that be so? The Plains Indian culture that gave rise to these kinds of objects was practically destroyed by the United States government’s campaign to clear land for settlement by white people over a century ago.

Wouldn’t one relationship between the old and the new be to demonstrate that the culture was not actually destroyed by the United States government, hard as it might have tried?

The Wall Street Journal published an article about museum displays of Native art and artifacts today.  It is accessible here.  The article is odd, with a title (“Shows That Defy Stereotypes”) indicating the article might be positive, but is instead full of sideways insults.  For example, the author writes about the Denver Art Museum’s attempt to include contemporary Native art in its installation, and a display of two different shirts:

One of Denver’s great masterpieces is a 1720s Eastern Sioux deerskin shirt embellished with painted abstract designs, possibly representing birds. The curators invite its comparison to a nearby 2010 fringed “war shirt” commissioned from Bently Spang, the suddenly ubiquitous Northern Cheyenne artist whose designs, which are meant to be seen, not worn, are also on view in Manhattan and Brooklyn.

The author does not seem to think the more contemporary shirt is at the same level as the old shirt, nor am I sure why she describes the artist who made it as “suddenly ubiquitous,” but the tone indicates the author doesn’t think he ought to be.

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Emerald Ash Borer Black Ash Basketry Symposium, April 6th

Here is the information on the Black Ash Symposium which will be held April 6th at the Comfort Inn Conference Center in Plainwell, MI.  The registration materials are here and schedule is here.

This Conference will bring together Native Nations from the North Eastern US and Canada to discuss what is happening in their communities and what we can do to work together to sustain the tradition of Black ash basketry for all of our people for centuries to come.

Black ash basket weavers from Native communities in Michigan, Maine, Minnesota, New York and Canada will present important information and share what work their communities have been doing to prepare for EAB, and preserve basketry in their communities. Working together we can make a difference!

Op-Ed Letter on Vanderbilt Casino

A letter in the Flint Journal by Ken Harrington, tribal chairman, Little Traverse Bay Bands of Odawa Indians; David K. Sprague, tribal chairman, Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians; Homer A. Mandoka, tribal chairman, Nottawaseppi Huron Band of Potawatomi Indians; Dennis V. Kequom, tribal chief, Saginaw Chippewa Indian Tribe.

All tribes rely on Indian gaming to fund health care, housing, education and cultural preservation for seven generations to come. It has brought hope to our people and we cannot allow the reckless actions of one tribe to jeopardize our future.

As tribal leaders, we are acutely aware of the need to honor our promises. We made promises to the people of Michigan in our gaming compacts, and we will continue to honor our commitments. We urge the Bay Mills Tribe to do the same.

February 22 Spring Speakers Event

The authors of Loving v. Virginia in a Post Racial World, Kevin Noble Maillard and Rose Cuison Villazor will speak tomorrow at 10am in the Castle Board Room. They will be joined by commentators Carla Pratt and Mae Kuykendall.  Lunch will be served after the event.

Pace Environmental Law Review Symposium on Indigenous Rights

Tribal-State Relations
John Dieffenbacher-Krall
PDF

2012 Proposed Budget Request for Indian Affairs

Here is the press release detailing President Obama’s budget request for Indian Affairs.

Anishinaabemowin at Suttons Bay Public Schools

From Interlochen Public Radio. You can listen to the report here:

By Linda Stephan

Learning a second language is not always about learning foreign language. It can also be about preserving what’s been right here for generations, language at risk of being lost.

In addition to offerings, such as French or Spanish, more northern Michigan public schools and colleges are offering students the chance to learn Anishinaabemowin, or Ojibwa.

Suttons Bay Public Schools is a regional leader in offering native languages for second-language credit. The program is now three years old. In tough budget times, Suttons Bay had held tight to its native language offerings.

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