Washington State Bar Assn. Indian Law Section Newsletter (Winter 2011-12)

Here.

Articles on state workers’ compensation laws, Indian Arts and Crafts Act, and other material.

Fourth Edition of Schwartz & Hunter’s Directory of Tribal Courts Now Available

The fourth edition of April Schwartz and Mary Jo Brooks Hunter’s critically important United States Tribal Court Directory is now available.

Here.

Charles Cleland’s New Book: “Faith in Paper: The Ethnohistory and Litigation of Upper Great Lakes Indian Treaties”

Charles Cleland’s heavily anticipated new book (Univ. of Michigan Press website here) is now available! I’ve read the first few chapters and it’s wonderful.

Here is the book blurb:

Faith in Paper examines the reinstitution of Indian treaty rights in the upper Great Lakes region during the last quarter of the twentieth century, focusing on the treaties and legal cases that together have awakened a new day in Native American sovereignty and established the place of Indian tribes in the modern political landscape. The book discusses the development of Indian treaties in historic time and their social and legal context; specific treaties regarding hunting, fishing, and gathering rights as well as reservation issues; and the impact of treaty litigation on the modern Indian and non-Indian communities of the Great Lakes region. The book is both an important contribution to the scholarship of Indian legal matters and a rich resource for Indians themselves as they strive to retain or regain rights that have eroded over the years.

And here is the Traverse City Record-Eagle news coverage of the release of the book. An excerpt:

Written over the last five years, this 390-page book is the first comprehensive examination of 18 primary and 21 secondary treaty court cases in Michigan, Wisconsin and Minnesota. Cleland was the only person to be involved in all of the cases.

The decisions significantly changed perceptions of Native American tribes and their fishing, hunting and gathering rights, Cleland said.

The treaties gave Native Americans a different status under the law than other Americans, he said. Native Americans had always had fishing, hunting and gathering rights. The rights were not granted by the state or federal government.

“The string of court victories gave today’s Indians a legitimacy in the eyes of the larger population,” Cleland said. “It gave them a newfound political sovereignty, real clout and power.”

State governments claimed the treaties were “dead” and irrelevant at the time the cases were filed.

The Michigan Department of Natural Resources argued that the state had a right to regulate tribal fishermen who used gill nets because Michigan had banned the nets in the 1960s.

State attorneys also claimed that the nets were not native technology but introduced by the French in the early 17th century.

But Cleland’s 1966 dissertation, “The Prehistoric Animal Ecology and Ethnozoology of the Upper Great Lakes Region,” noted that Michigan’s earliest Native Americans had been using the nets at least 1,000 years before European contact.

U.S. District Judge Noel Fox reaffirmed treaty rights for Michigan’s federally recognized Ottawa and Chippewa tribes in a landmark 1979 ruling.

Nottawseppi Huron Band Potawatomi Staff Attorney Job Posting

Here:

Staff Attorney

Supreme Court Grants Cert in Match-E-Be-Nash-She-Wish Band v. Patchak

The order list is here.  Additional commentary on the case is likely.

In the same order, The Court CVSG’d Corboy v. Louie and denied the motion in San Carlos Apache Tribe v. United States to file a writ of cert out of time.

Andrew Cohen Named 60 Minutes Legal Analyst

According to the 60 Minutes Twitter feed, Andrew Cohen has been named a 60 Minutes legal analyst. As we’ve mentioned before, Cohen is dedicated to Indian issues and has used his platform at the Atlantic to highlight them. Congratulations!

Columbia Law School Conference Honoring Prof. Derrick Bell This Saturday

via Constitutional Law Prof Blog (link includes schedule of events):

“A Living, Working Faith”:

Remembering Our Colleague
Derrick A. Bell, Jr.

602487050

at COLUMBIA LAW SCHOOL, NY, NY  on Saturday December 10th, 2011

This one day conference organized by Professors Kendall Thomas and Penelope Andrews will honor the work of the late ConLawProf Derrick Bell.

This looks to be an excellent conference.

Navajo Nation AG Job Announcement and Posting (Revised Dec. 7)

Here is the updated notice.

New Federal Tribal Consulation Policy

Available here.

From the press release:

The consultation policy creates a framework for synchronizing Interior’s consultation practices with its bureaus and offices by providing an approach that applies in all circumstances where statutory or administrative opportunities exist to consult with the tribes – including any regulation, rulemaking, policy, guidance, legislative proposal, grant funding formula change or operational activity that may have a substantial and direct effect on a tribe. Interior bureaus and offices, which are required to designate one or more Tribal Liaison Officers, must examine and change their consultation policies within 180 days to ensure they are consistent with the new departmental policy.
Under the policy, Interior officials will identify appropriate tribal consulting parties early in the planning process, provide the tribes a meaningful opportunity to participate in the consultation process, and participate in a manner that demonstrates a commitment and ensures continuity.
To increase accountability, bureaus and office heads will implement training, performance standards and comprehensive annual reporting to the Secretary, through his designated Tribal Governance Officer, on the scope, cost and effectiveness of their consultation efforts.
Based on information received from the bureaus and offices, the Secretary will provide an annual report to the tribes on the Tribal Consultation Policy. In consultation with the tribes, the Secretary will also establish a joint Federal-Tribal Team to make recommendations on implementing and ensuring continued improvement of the policy.

Harvard Univ. Native American Program Opportunity

Harvard University Native American Program (HUNAP) Opportunity – Apply to Graduate Horizons & College Horizons 2012

Special Announcement: The Harvard University Native American Program along with the Harvard University Graduate/Professional Schools will host the Graduate Horizons 2012 pre-graduate workshop June 16-19, 2012.  GH is a four-day graduate admissions workshop for American Indian, Alaska Native, and Native Hawaiian college students, college graduates, and master’s students who are preparing to apply for graduate school or professional school.

Graduate Horizons & College Horizons 2012

Summer Pre-College & Pre-Graduate Workshops for High School, College Students & College Graduates
Continue reading