Aimée Craft Reviews Fletcher’s “Ghost Road” in Transmotion Journal

Here is the review in PDF and HTML. Transmotion volume 7, issue 2 on Indigeneity and the Anthropocene can be found online here.

Professor Craft’s most recent book, “Treaty Words: For Longs as the Rivers Flow” (Annick Press), can be purchased at Strong Nations and Birchbark Books.

Kekek Stark on Anishinaabe Law

Kekek Jason Stark has published “Anishinaabe Inaakonigewin: Principles for the Intergenerational Preservation of Mino-Bimaadiziwin” in the Montana Law Review. PDF

I cannot recommend this paper enough. It’s exactly the kind of paper I’ve been waiting for — waiting for a very long time. Miigwetch to Professor Stark for this incredible work. The ancestors would be proud.

Fletcher on Pandemics and the Making of a Tribal State

My draft paper, “Pandemics in Indian Country: The Making of the Tribal State,” part of a symposium on John Fabian Witt’s American Contagions book hosted by the St. Thomas Law Journal, is available on SSRN.

The abstract:

This Essay is inspired by the fascinating narrative told by John Fabian Witt theorizing how epidemics make states and how states can also make epidemics. The two stories centered in Peshawbestown, Michigan of the 1881 smallpox outbreak and the 2020-2021 COVID-19 pandemic seems to play into that story. The state (acting through the local and federal government) made the 1881 outbreak fatal, while the epidemic (acting through the tribal and federal government) made the state (in this case, the tribe) in 2020-2021. The story here seems to be one of sovereignty. In the smallpox era, the tribes exercised almost no sovereignty. Now they are practically self-governing; the incredible success of the Grand Traverse Band is a ringing endorsement. The tribe is acting like a capable and responsive government. But I argue there is more going on here. Sovereignty – whether liberal or authoritarian, in Witt’s words – is the first step in the analysis, but not the last. Culture is the second step.
This Essay intends to gently disrupt Professor Witt’s theory by superimposing Anishinaabe political theory on American Contagions. The very notion of sovereignty is foreign to Anishinaabe. Western political theory insists on the power of a sovereign entity to enforce a social contract or else society will collapse. Anishinaabe political theory does not. The difference matters.

Eighth Circuit Briefs in Minnesota Dept. of Natural Resources v. White Earth Band of Ojibwe


Opening Brief

Answer Brief

Amicus Brief

Lower court materials here.

Fletcher on Systemic Racism and the Dispossession of Indigenous Wealth in the United States

I developed a short paper for the Federal Reserve Bank’s series on Racism and the Economy, “Systemic Racism and the Dispossession of Indigenous Wealth in the United States,” posted here.

Here is a video of today’s program. April Youpee-Roll was part of the program, too, and provided important commentary on heirship and federal Indian policy.

Federal Court Confirms Immunity of Tribal Judges in Manoomin Order

Here are the updated materials in Minnesota Dept. of Natural Resources v. White Earth Band of Ojibwe (D. Minn.):

21 DNR Letter Motion for Reconsideration

23 Manoomin Response

25 DCT Order

Prior post here.

Federal Court Dismisses Minnesota DNR’s Collateral Attack on Manoomin Suit Filed in Tribal Court

Here are the materials in Minnesota Dept. of Natural Resources v. White Earth Band of Ojibwe (D. Minn.):‘

Prior post here.

Kyle Whyte on Time, Kinship, and Climate Change

Kyle Whyte has posted “Time and Kinship” on SSRN. Here is the abstract:

Climate change is often discussed in terms of linear units of time. This essay covers the meaning of linear time and its implications for how climate change is narrated. There are concerns about how narrating climate change in this way can eclipse issues of justice in the energy transition. There are of course different ways of telling time. This essay provides a narration of climate change inspired by particular Indigenous scholars and writers. These conceptions of time narrate time through kinship, not linearity. One implication is that issues of justice are inseparable from the experience of climate change.