Here is an essay on the television show “Deadwood” by Prof. Rebecca Johnson of the University of Victoria Law Faculty. She has more discussion of Indians, rule of law, and colonialism than previous articles.
Living Deadwood: Imagination, Affect and the Persistence of the Past
My article, The New Laches: Creating Title Where None Existed, 16 Geo. Mason L. Rev. 357 (2009) was cited in a 7th Circuit tax case this week. 🙂
Judge Posner used it as a see cite after a paragraph about the historical purpose of laches, concluding that “[l]aches fitted nicely with such long-established equitable maxims as ‘he who seeks equity must do equity’ and ‘equity aids the vigilant, not those who sleep on their rights.'”
Interestingly, after spending three paragraphs on laches, the opinion reads “neither party suggests that laches might be an adequate substitution for a fixed deadline . . . ” and the Judge concludes his laches discussion with the point that whether laches applies against the government is “an open question in this court. United States v. Administrative Enterprises, Inc., 46 F.3d 670 (7th Cir. 1995). ” That case was one used in the 2nd Circuit Cayuga case, 413 F.3d 266 (2005), to hold laches applied to both the United States and the Cayuga Nation. I think it’s possible Judge Posner might be as interested in laches and sovereigns as I am–it’s a rare person who voluntarily injects laches into discussion.
In the present case, Lantz v. Commissioner of Internal Revenue, No. 09-3345 (7th Cir. 2010), a woman seeking equitable relief under the “innocent spouse” rule regarding a false joint return filed by her husband, but signed by both of them. Unfortunately, laches was no help to her.
A favorite Indianz headline this week:
The 8th Circuit opinion in Yankton Sioux Tribe v. U.S. Army Corps of Engineers is here. The opinion in Podhrasky is here.
Because this appeal was briefed and argued with the cross appeals pending in Podhradsky, the parties have understandably reiterated their core positions in that case, namely, the Tribe’s contention that the Reservation was diminished only by the sales of surplus lands ceded by the 1894 Act (as the Supreme Court held in Yankton Sioux Tribe ), and the State’s contrary contention that the Reservation was altogether disestablished by the 1894 Act. We rejected those contentions in Podhradsky. That decision is final (subject only to further review by this court or the Supreme Court) and binding on our panel. Therefore, we will discuss in this opinion only those issues raised by the Tribe that were not presented to and decided by the court in Podhradsky.
The Arizona State Law Journal’s IGRA Symposium Issue is out. Volume 42 has 7 articles about IGRA. The articles are not yet available on their website, but here are the titles and the authors. Some of the articles are available on this site via SSRN.
Virginia W. Boylan, Reflections on IGRA 20 Years After Enactment, 42 Arizona State Law Journal 1 (Spring 2010)
Robert N. Clinton, Enactment of the Indian Gaming Regulatory Act of 1988: The Return of the Buffalo to Indian Country or Another Federal Usurpation of Tribal Sovereignty?, 42 Arizona State Law Journal 17
Franklin Ducheneaux, The Indian Gaming Regulatory Act: Background and Legislative History, 42 Arizona State Law Journal 99
Kevin Washburn, Kevin Gover, Tom Gede, The States as Trespassers in a Federal-Tribal Relationship: A Historical Critique Tribal-State Compacting Under IGRA, 42 Arizona State Law Journal 185
G. William Rice, Some Thoughts on the Future of Indian Gaming, 42 Arizona State Law Journal 219
Alexander Tallchief Skibine, Indian Gaming and Cooperative Federalism, 42 Arizona State Law Journal 253
Kevin Washburn, Agency Conflict and Culture: Federal Implementation of the Indian Gaming Regulatory Act by the National Indian Gaming Commission, The Bureau of Indian Affairs, and the Department of Justice, 42 Arizona State Law Journal 303
From the Holland Sentinel:
By CHRISTINE HOMAN
Capital News Service
The Civil Rights Commission will soon be examining its stance on Native American mascots.
At its May 24 meeting, the commission is scheduled to discuss the issue and decide whether to take action.
In 2002, it passed a resolution condemning the use of Native American mascots, but at the upcoming meeting, the commission will consider whether to issue a declaratory ruling that indicates how it would deal with the question in the future.
“As we grow more sensitive and understanding, there are certain practices we’ll have to examine,” said Harold Core, director of public relations for the Department of Civil Rights.
Opponents of using Native American mascots and nicknames for schools and colleges say they’re offensive and in some cases racist.
From PR Newswire (with additional local coverage):
WASHINGTON, May 4 /PRNewswire-USNewswire/ — Attorney General Eric Holder today announced the allocation of 33 new Assistant U.S. Attorney (AUSA) positions to 21 judicial districts that contain Indian Country. The department has also launched three Indian Country Community Prosecution Teams. These new resources will enable the Justice Department to work with tribal and state law enforcement partners to improve public safety in tribal communities.
“Violent crimes, and particularly crimes against women and girls, continue to devastate tribal communities across the country, and the U.S. Attorney community is crucial to the Department of Justice’s response,” Attorney General Holder said. “With 33 more federal prosecutors headed to Indian Country, and the launch of three new Community Prosecution Pilot Projects, we have made significant progress finding and implementing solutions to the public safety challenges confronting tribal communities. This Administration is committed to reducing the level of violent crime in tribal communities.”
The new AUSA allocation is the result of $6 million provided in the department’s FY2010 budget for the hiring of prosecutors in Indian Country. Districts were asked to submit requests for additional prosecutors, which were reviewed with relevant statistical data by a team of U.S. Attorneys and staff from the Executive Office of U.S. Attorneys. Thirty AUSAs will be distributed to districts as follows:
From the press release:
/PRNewswire-USNewswire/ — The Sara Lee Foundation is proud to continue the Sara Lee Foundation Tribal College Scholarship Program for Women through a partnership with the American Indian College Fund (the Fund). This scholarship program will continue to provide financial assistance to American Indian women attending tribal colleges located in Michigan and Wisconsin. Selected recipients must also be primary residents of one of the following states: California, Georgia, Illinois, Kentucky, Michigan, Missouri, North Carolina, Tennessee, Texas, or Wisconsin.
Since 2001, the Sara Lee Foundation has consistently supported the Fund, benefiting countless Native women and aiding them in their journey towards a more hopeful, prosperous future.
“We are excited to continue our support of American Indian women and their pursuit of a higher education,” said Judy E. Schaefer, Director of the Sara Lee Foundation. “We are proud of the scholarship program that we have developed with the American Indian College Fund and the positive effects it continues to have on the students, their families, and their futures.”
Alicia Ivory, the ILPC Fellow for 2009-2010, just passed the New York Bar.
Congratulations!!
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