Senate Judiciary Committee Approves Diane Humetewa by Voice Vote

Good news!

Rep. Raúl Grijalva on Obama and the Keystone XL Pipeline

Here.

Kristen Carpenter and Lorie Graham on Human Rights and Adoptive Couple v. Baby Girl

Kristen Carpenter and Lorie Graham have posted a very compelling and powerful paper about the Supreme Court’s decision in Adoptive Couple v. Baby Girl. It is required reading for anyone interested in the case, and is destined to be the definitive paper on the international human rights aspects of the case.

The article is titled Human Rights to Culture, Family, and Self-Determination: The Case of Adoptive Couple v. Baby Girl. Here is the abstract:

The well-being of indigenous children is a subject of major concern for indigenous peoples and human rights advocates alike. In 2013, the U.S. Supreme Court decided in Adoptive Couple v. Baby Girl that the Indian Child Welfare Act did not prevent the adoption of a Cherokee child by a non-Indian couple. This occurred over the objections of her Cherokee biological father, extended family, and Tribal Nation. After the decision, Baby Girl’s father and the adoptive couple contested the matter in a number of proceedings, none of which considered the child’s best interests as an Indian child. The tribally-appointed attorney for Baby Girl, as well as the National Indian Child Welfare Association and National Congress for American Indians, began examining additional venues for advocacy. Believing that the human rights of Baby Girl, much like those of other similarly situated indigenous children, were being violated in contravention of the United Nations Declaration on Indigenous Peoples Rights, and other instruments of international law, they asked us to bring the matter to the attention of the United Nations Special Rapporteur for Indigenous Peoples Rights (“UNSR”). We prepared a “statement of information” to alert the UNSR of the human rights violations occurring in the case. With the permission of the attorneys and organizations involved, this chapter introduces the Baby Girl case, contextualizes the claims in international human rights law, and then reproduces the statement of information, and portions of the UNSR’s subsequent public statement. It concludes with an update on the Baby Girl case and broader discussion about the potential for using international law and legal forums to protect the human rights of indigenous children.

Yamassee Indian Tribe v. Allendale County Government: Challenge to Reservation Raid Fails

Here are the materials:

34 Motion for TRO

38 MJ R&R

46-1 Allendale Motion to Dismiss

54 DCT Order Accepting R&R

Federal Court Denies TRO to Lewis Faction in Chukchansi Dispute

Here is the order:

11 DCT Order Denying TRO

Complaint and motion are here.

Casper Star-Tribune Editorial on the ILOC Report

Here.

Adoption from a Native Perspective

Here.

An excerpt:

Leland Morrill was estranged from his Navajo lineage for twenty years. Today, as an author, advocate, and speaker, Morrill shares the unique perspective of how adoption is viewed by Native American family and culture, through the eyes of an adult adoptee.

Nooksack Update — Open Letter to BIA and BIA Response (to a different letter)

Here is the open letter in the ICT.

And here is the BIA’s response to a prior, official letter:

BIA response letter

Pics from MSU Diversity Week Event

Fletcher spoke Tuesday at an MSU Diversity Week lunch about citizenship, along with my colleagues Veronica Thronson and Tiffani Darden. MSU law school Jeannette Lugo moderated, cuz it was getting rowdy:

Feb 2014 102

Emily and Victoria laughing it up before the talk.

Feb 2014 105

Eighth Circuit Briefs in City of Duluth v. Fond du Lac Band of Lake Superior Chippewa II

Here:

Fond du Lac Opening Brief

City of Duluth Brief

Fond du Lac Reply Brief

Lower court materials here.

Materials in City of Duluth v. Fond du Lac I are here.