Judge Tim Connors on “Rights, Relationships, Responsibilities”

In the Detroit Legal News, here.

An excerpt:

Over 30 years ago in Michigan, then Supreme Court Chief Justice Michael Cavanagh began a relationship with our Tribal Courts. His initial words were prophetic to our neighbors: “We know we have more to learn from you than you do from us.” And so, it began. We have only scratched the surface of what we can learn. We can learn because there is a need, perhaps a necessity, that we open spaces and places for incorporating other world views and create procedures that nurture values that address areas of conflict in our communities.

Washington Federal Court Declines to Dismiss Enviro Challenge to Jamestown S’Klallam Oyster Farm

Here are the materials in Protect the Peninsula’s Future v. Haaland (W.D. Wash.):

22 Amended Complaint

44 Motion to Dismiss

56 Federal Response

57 Plaintiffs Response

60 Reply

65 DCT Order

Maverick Gaming LLP v. United States Cert Petition

Here:

Questions presented:

Whether Rule 19 requires dismissal of APA suits challenging federal agency action whenever a nonparty who benefited from that action asserts sovereign immunity.

Lower court materials here.

Eighth Circuit Vacates Voting Rights Act Win for Turtle Mountain and Spirit Lake Tribes

Here is the opinion in Turtle Mountain Band of Chippewa Indians v. Howe. Here is a related opinion in Turtle Mountain Band of Chippewa Indians v. North Dakota Legislative Assembly.

Prior post on the trial proceedings.

Briefs in the main case:

Appellant Brief

Red States Amicus Brief

Appellee Brief

Federal Amicus Brief

Lawyers Committee Amicus Brief

NAACP Amicus Brief

NCAI Amicus Brief

Reply

South Dakota Federal Court Rules for Feds in Tribal School Overspending Case

Here are the materials in Lower Brule Sioux Tribe v. Haaland (now Burgum) (D.S.D.):

32 Amended Complaint

63 Federal Motion for Summary J

76 Response

77 Reply

85 DCT Order

Prior post here.

Aaron Mills on Anishinaabe Law and Kinship

Aaron Mills has published “First Nations’ Citizenship and Kinship Compared: Belonging’s Stake in Legality” in the American Journal of Comparative Law.

Here is the abstract:

Many First Nation individuals appear to accept that debates about belonging to First Nations political community are properly framed as debates about citizenship. Interlocutors frequently identify the ongoing significance of kinship, but fold it into their conception of citizenship. This Article resists citizenship’s orthodoxy. Kinship is not a unique feature of First Nations citizenship, but rather is its own model of belonging to a political community: a model internal to First Nations law, understood on its own terms. There are, then, two models of belonging to First Nations political community, citizenship and kinship, within and over which debates about belonging play out.

For First Nations political communities using their own systems of law, kinship is a source of fundamental legal interests, just as citizenship is a source of fundamental rights and freedoms in modern liberal democracies. However, comparativists, legal theorists, and political theorists have struggled to appreciate this reality because internal (or settler) colonialism disconnects kinship from legality conceptually and thus institutionally. Those connections must be reestablished.

To that end, this Article shows that, functionally, kinship is a full answer to citizenship. The argument is made in two interwoven parts, each of which turns on the picture of kinship as a structural feature of First Nations law, understood on its own terms. First, kinship is citizenship’s political equal insofar as it offers a justificatory account of belonging to a political community; second, kinship is citizenship’s legal equal insofar as it, too, serves as a foundation for fundamental legal interests. The gravamen of this Article is, thus, twofold. First, one is not hearing what First Nations law says about belonging if one is only willing or able to listen in the language of citizenship. Second, the stakes in one’s choice of model are significant: citizenship and kinship structure legality in fundamentally different ways.

Arizona DCT Stays Oak Flat Land Transfer Pending SCT Cert Decision

Here are the materials in Apache Stronghold v. United States (D. Ariz.):

150 Motion for Emergency Stay

156 Copper Company Response

157 Federal Response

162 Reply ISO 150

170 DCT Order

Blast from the Past: Jack Forbes in 1976 on Illegitimate Assertions of Plenary Power by Federal Agencies

Blast from the Past: Curtis Berkey’s Critique of Merrion (Really a Critique of Oliphant and Montana) from 1982

These excerpts are interesting:

Found in the AAIA archive. . . .

Arcoite and Johnson on Land Back Reduces Indigenous Poverty

Brigette Arcoite and Daniel K.N. Johnson have posted “Land-Back to Move Forward? The Measurable Relationship between Land-Back Movements and Economic Outcomes in Indigenous Communities within the U.S.” on SSRN.

Here is the abstract:

The land-back movement in its current state began in 2018 and has rapidly gained traction since. The main call in this movement is for the return of government owned ancestral lands to their Indigenous stewards. This paper quantifies the economic impacts of land-back movements on income and employment for over 1,700 Indigenous communities, using both panel data instrumental variables and endogenous treatment techniques. We find uniformly promising results (reductions in the percentage of citizens living on low incomes, and reductions in the unemployment rate) that recommend continued return of tribal lands not only for racial justice reasons, but as a catalyst for economic stability of populations living in proximity to Indigenous peoples.