Here:
Author: Matthew L.M. Fletcher
Media Release on “Off the Rez” — Doc about the Schimmel Sisters
FilmBuff Presents
OFF THE REZ
Release Date: Friday, January 24
iTunes Pre-Order Available Now: bit.ly/1i2R33O
VOD Platforms: iTunes, Amazon Instant Video, Google Play, Xbox Video, Sony Playstation, Cinemanow and Vudu.
Watch the Trailer Here: http://www.youtube.com/watch?v=5gYAIvdv9ko
Written & Directed by: Jonathan Hock
Executive Produced by: Kelly Ripa and Mark Consuelos
Starring: Shoni Schimmel, Ceci Moses, Rick Schimmel, Jude Schimmel, Delores Moses, Lillian Moses and more…
Continue reading
New Scholarship by Ann Piccard: “Death by Boarding School”
Ann Piccard has published Death by Boarding School: “The Last Acceptable Racism” and the United States’ Genocide of Native Americans, 49 Gonz. L. Rev. 137 (2014).
A summary:
There is a special kind of racism in this country against Native Americans, and it is the “last acceptable racism.” The author of that poignantly accurate description of most Americans’ attitudes towards Native Americans, who is both a Native American and a Jew, noted,
Not that long ago, white administrators of Indian boarding schools told our children that the “Indian in you shall die.” This kind of treatment and forced thinking has a lasting generational effect. It can be difficult to break through that type of programming. Many of our people, however, have shaken off these forced ideological shackles to speak the truth and demand long overdue respect. Our voice is getting louder.
Our words are being said with more frequency and emphasis. But people need to hear us. Societal racism should no longer be an ad hoc affair, which is routinely accepted when directed against a certain group. It should be universally condemned. Perpetuating past wrongs and dehumanizing concepts hurts everyone.
This last acceptable racism is rarely mentioned in the U.S. However, one day in a very small town in northern Minnesota, in an area that has been economically depressed ever since the decline of the taconite and iron ore mining industry several decades ago, I watched two Native American men park a pickup truck in front of the local pawn shop.
I could tell the young men were Native Americans only because of the Bois Forte Band license plate on their truck; other than that, they looked, sounded, and acted like most of the other men in that rural north woods town. Upon reflection, of course, I realized that their skin was slightly darker than most residents of the town; I also began to notice that I did not see dark-skinned people working or shopping in any of the town’s stores. My eye was untrained, a fact that I attribute to my upbringing in the Deep South,6 where I was in a small minority of white children who were raised by our parents to see and to protest (and refuse to accept) the prevailing racism toward African-Americans. The subtle differences in appearances between the Native Americans and the “whites” in Minnesota had gone unnoticed by my Southern eyes. But as we watched the young men take their chain saws into the pawnshop that day, my husband remarked that men in northern Minnesota who hock their chain saws must be in pretty bad shape, because how could they survive, let alone make a living, without such tools?
New Scholarship on the UNDRIP’s Article 31 on Intellectual Property Rights
The United Nations Declaration on the Rights of Indigenous Peoples: A Human Rights Framework for Intellectual Property Rights, now posted in SSRN, will appear in A Research Handbook on Indigenous Intellectual Property, Edward Elgar (2014).
Here is the abstract:
The UN Declaration on the Rights of Indigenous Peoples (Declaration) establishes, in Article 31, that indigenous peoples ‘have the right to maintain, control, protect and develop their intellectual property over their cultural heritage, traditional knowledge, and traditional cultural expressions.’ In light of the centrality of the Declaration in the realm of indigenous rights, Article 31 represents the reference point for any credible discussion of the interlink between the cultural and intellectual property rights of indigenous peoples. This chapter seeks to contextualize this important provision within the normative framework of the Declaration. The first part of the chapter will examine the legal and political significance of the Declaration, discussing the circumstances surrounding its drafting and adoption as well as its normative content. The second part of the chapter will focus on the key provisions of the Declaration that are closely connected with indigenous peoples’ intellectual property rights, including those on self-determination and land rights. Special attention will be paid to the content of Article 31 of the Declaration, highlighting the progressive character of this provision in relation to the intellectual property rights regime currently in force at the international level.
Nooksack COA Stays Nooksack Disenrollments
Here are the orders in Lomeli v. Kelly and Roberts v. Kelly:
Bigotry Piled on Top of Bigotry: More from Oakland County
Here’s a quote from an L. Brooks Patterson defender:
As for his comment about the fulfillment of an old prediction he made that Detroit would become the equivalent of an Indian reservation, with the people waiting for corn and blankets to be tossed in, well, the remark was crude, but not far off the mark. Get off the freeways and drive into the city’s neighborhoods. You’ll see vast wastelands of blight and abandonment, with a population largely dependent on government hand-outs.
Get out of Oakland County, pal, head to Michigan Indian country and you’ll see a bunch of local governments near Indian reservations thankful for all of the economic development and shared governance generated by Michigan’s 12 Indian tribes.
Interior Board of Indian Appeals Rejects Cherokee Nation’s Challenge to BIA Trust Acquisition for United Keetoowah Band
Here is the opinion:
Cherokee Nation v Acting Eastern Oklahoma Regional Director BIA
News coverage here.
Ninth Circuit Declares Interior Chukchi Sea Oil Leases Arbitrary and Capricious (in part)
Here are the materials in Native Village of Point Hope v. Jewell:
An excerpt:
The panel reversed the district court’s summary judgment entered in favor of federal defendants in an action challenging the government’s environmental impact statements analyzing the environmental effects of proposed leases for oil and gas development in the Chukchi Sea of the northwest coast of Alaska.
The panel held that the Final Environmental Impact Statement and Supplemental Environmental Impact Statement prepared by the federal defendants properly took account of incomplete or unavailable information. The panel held, however, that the reliance in the Final Environmental Impact Statement on a one million barrel estimate of total economically recoverable oil was arbitrary and capricious.The panel remanded for further proceedings.
Judge Rawlinson concurred in part and dissented in part. Judge Rawlinson agreed with most of the majority opinion, but she did not agree that the federal Bureau of Ocean Energy Management, Regulation and Enforcement acted arbitrarily in selecting one billion barrels of oil as the benchmark for analyzing the environmental affects of the proposed leases.
Briefs are here:
2014 Indian Child Welfare Act Designated Tribal Agents List
Here:
2014 ICWA Designated Tribal Agents (PDF)
Online version here, and always available by one click (Kathryn E. Fort) at the top of Turtle Talk here.
Texas Federal Court Refuses to Allow Fake Indian to Change Name to “Jeremiah El Bey”
Here is the opinion in In re Cash (N.D. Tex.):
An excerpt:
Cash’s request that he be recognized as a member of the “Aboriginal Cherokee Choctaw” tribe is frivolous. This alleged tribe does not appear to be a recognized Indian tribe and appears, instead, to be related to the “Redemptionist” and/or “sovereign citizen” beliefs that have been discussed at some length by other federal courts. See Johnson-Bey v. Lane, 863 F.2d 1308, 1309 (7th Cir. 1998) (outlining the Moorish movement, which utilizes the suffixes “El” and “Bey” in names to refer to African tribes); Minister Truth Ali Williams v. New Jersey, 2012 U.S. Dist. LEXIS 150195, 2012 WL 4959488, at *1-3 (D.N.J. Oct. 17, 2012) (discussing in depth pleadings that refer to Cherokee Choctaw Aboriginal Nation and its relationship with Moorish movement). Therefore, Cash’s request that the court legally recognize him as a member of this “tribe” fails to state a claim upon which relief may be granted.

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