Author: Kate E. Fort – Page 113

Prof. Tiya Miles on NPR Discussing Identity and the Warren Controversy

August 10, 2012Kate Fort3 Comments

From NPR

MARTIN: Professor Miles, I’m going to give you the final word here. You know, it’s interesting, we live in a time when it seems that we’ve talked a lot more about identity and what it means than many people ever thought we would, in part because we have a president who is biracial, and even now we’re still talking about this. Do you envision that there will be more conversations about this going forward, or do you think that this is just one of those kind of weird happenstances of the fact that this is a person who is participating in a hotly contested political contest?

MILES: I don’t think this is the end. I think that given that we’re having more and more interracial marriages and people who are claiming mixed-race identities who also might want to claim what I’ll call it a fixed-race identity simultaneously, we’ll be approaching this question again and again I think in different circumstances that we can’t even imagine right now.

MARTIN: Is there anything else you wanted to say about this that I didn’t have to wit to ask you?

MILES: Well, I would just like to add, I think part of the crucial issue here is that claiming an identity – at least in my view – has two parts to it. One can claim but I think one also has to be claimed in order for that identity to be fully rounded and I think that’s part of Elizabeth Warren’s trouble, that she claimed this native identity but she has not been claimed nor does she seem to have really reached out to try to be claimed by Cherokee people and by other native academics.

Two Announcements from Interior

August 10, 2012Kate Fort

WASHINGTON, D.C. – As part of President Obama’s commitment to fulfilling this nation’s trust responsibilities to American Indians and Alaska Natives, the Office of the Secretary of the Interior will have the Secretarial Commission on Indian Trust Administration and Reform hold a public Webinar meeting on Monday, August 13, 2012.

Details for registering here. (pdf)

WASHINGTON – The Bureau of Indian Affairs Office of Justice Services (OJS) will hold the second of six training sessions to improve the trial advocacy skills of tribal court prosecutors, defenders and judges on August 14-16, 2012, in Ignacio, Colo. This training session, which will focus on domestic violence, was originally scheduled to take place in Durango.
The training is being conducted under the Tribal Court Trial Advocacy Training Program, a joint effort by the Department of the Interior and the Department of Justice that furthers the mandate of the Tribal Law and Order Act of 2010 (TOLA) to strengthen tribal sovereignty over criminal justice matters on federal Indian lands by strengthening the skills of those who practice within the tribal court system.

Details here

Bankruptcy Proceeding Involving Lower Sioux Indian Community and Dakota Finance Corporation

July 19, 2012Kate Fort1 Comment

The opinion in Bucher v. Dakota Finance Corp; Dietz v. Lower Sioux Indian Community; Bucher v. Lower Sioux Indian Community (B.A.P. 8th Cir) is here.

The issue here is whether the filing of bankruptcy by Tribe members serves to make the debtors’ ongoing revenues from the Tribe available to the respective trustees for the benefit of their creditors. The Bankruptcy Court1 held that both the Tribe and Dakota Finance Corporation are protected by sovereign immunity and dismissed the adversaries as to those parties. The trustees appeal. For the reasons that follow, we affirm.

Kalispel Tribe Signs Agreement with Federal Agencies On Water and Environmental Management Issues

July 18, 2012July 18, 2012Kate Fort

Here.

The Kalispel Tribe of Indians has signed a 10-year, $39.5 million agreement with federal agencies that focuses on actions to address impacts of Albeni Falls Dam on fish and wildlife in the area of Lake Pend Oreille and the tribe’s reservation along the Pend Oreille River about 55 miles north of Spokane.

The agreement recognizes the tribe’s resource management expertise and its interest in operations at Albeni Falls Dam and includes specific provisions for the tribe to participate in decisions that affect fish, wildlife and water quality.

“The Kalispel Tribe is excited to see this agreement come to fruition as a result of nearly two decades of positive working relationships and on-the-ground successes. We believe this is just the beginning of a strong partnership with the federal agencies and we are hopeful for the future of our important and treasured resources,” said Kalispel Tribal Chairman Glen Nenema.

The agreement makes available approximately $39.5 million over 10 years, including $2.5 million for land acquisitions for wildlife habitat.

The tribe has identified habitat projects to benefit Endangered Species Act listed bull trout as well as west slope cutthroat trout and mountain whitefish.

In addition, the new agreement provides for the tribe, Army Corps of Engineers and Bonneville Power Administration to work together on improving water management actions in late summer and early fall to improve downstream water temperature for bull trout and other aquatic species.

State’s Brief in Wisconsin v. Ho-Chunk Nation (Electronic Gaming Arbitration Case)

July 18, 2012Kate Fort

Here. (pdf)

The state is asking the federal court enforce an arbitration award.

Indian Land Working Group Annual Conference Announcement

July 17, 2012Kate Fort1 Comment

The 22nd Annual Indian Land Consolidation Symposium
Posted By Indian Land Working Group on July 10, 2012

When: October 15-18, 2012
Where: Morongo Casino Resort & Spa, 49500 Seminole Drive, Cabazon, CA 92230
Register for the conference NOW
Sponsored By: Indian Land Working Group

For reservations call: 1-888-MORONGO (1-888-667-6646). Request the “Indian Land Working Group” rate of $98 per night. This rate will only be available until October 1^st, 2012. Morongo Casino Resort & Spa is AAA approved, 4-Diamond Award winning hotel owned and operated by the Morongo Band of Mission Indians.

Getting to the Morongo Casino Resort & Spa: Courtesy shuttles will be available from airports at Palm Springs and Ontario, CA. Call Rene Reyes at 951-755-5449 or email him at rene_reyes@morongo.com, as soon as possible to make shuttle arrangements. You may also request group transportation by filling out a request form at http://www.morongocasinoresort.com/grouptransportation.

Who should attend: Allotted landowners, tribal leaders, tribal and federal employees, real estate specialists, appraisers, probate/estate planning specialists, natural resource professionals, attorneys, and students are all encouraged to attend the 22^nd Annual Indian Land Consolidation Symposium.

Why you should attend: This year’s symposium promises to offer an exciting and informative series of panels, including updates on Indian land consolidation, the Cobell Settlement, trust reform and the trust responsibility, the Carcieri Fix, tribal trust cases, leasing, land claims, oil and gas negotiated rulemaking, as well as panels on energy development on tribal lands, rights of way, pipelines, planning for indigenous development, Indian agriculture, and more

ILWG Contact- Kristin Ruppel (Interim Director) at 406-600.0369.

Opinion in United States v. Morrison

July 16, 2012Kate Fort

We posted about the lower court decision here.

Of the many arguments that the parties have raised, only two warrant extended 11 discussion. The first is the government’s contention that the district court erred in vacating Morrison’s conspiracy conviction on the ground of vagueness. The second is Morrison’s claim that the CCTA was inapplicable to him given New York’s “forbearance policy,” under which the State refrained from collecting taxes on cigarette sales transacted on Native American reservations. According to Morrison, this forbearance policy barred his conviction under the CCTA because that statute provides that, in order for a federal prosecution to lie, the state in which the allegedly contraband cigarettes are found must “require” tax stamps to be placed on cigarettes. We reverse the district court’s order vacating Morrison’s RICO conspiracy conviction and reject all of Morrison’s challenges to his convictions.

Opinion

Appellant/Government’s Brief
Defendant/Appellee Brief
Government’s Response & Reply Brief
Appellee Reply Brief

Harvest Institute Freedman v. Salazar, Sixth Circuit

July 16, 2012July 16, 2012Kate Fort1 Comment

The Sixth Circuit dismissed the Harvest Institute Freedman Federation’s claim against the Cobell v. Salazar settlement:

The Harvest plaintiffs claim that the Freedmen were wrongfully excluded from ownership of the IIM Accounts due to racism, and that it perpetuates racial discrimination for Congress to not address their claims at the same time that it addresses the claims of the Cobell class. Along with their Complaint, the Harvest plaintiffs moved the district court for a temporary restraining order; the United States responded by filing Rule 12(b)(1) and 12(b)(6) motions to dismiss based on lack of subject matter jurisdiction and failure to state a claim, respectively.

Brief of Appellants

Brief of Appellees (Government)

Reply Brief

Opinion (unpublished)

Toronto Star: Native Youth Encouraged to Consider Law Degree

July 16, 2012Kate Fort

Here.

The program is part of a growing bid by universities and colleges to reach out to aboriginal youth, who have among the lowest participation rates in higher education. The program was financed by the U of T law faculty and York’s Osgoode Hall as well as grants from the Law Foundation of Ontario and the Law School Admission Council.

But outreach can work, said U of T law dean Mayo Moran. “Aboriginal youth are hungry for opportunities to learn about the law and post-secondary options; we received double the number of applicants for available spaces.”

Osgoode Dean Lorne Sossin said he hoped that letting students meet aboriginal lawyers and students and even Ontario Court of Appeal Judge Harry LaForme can help students picture themselves in law.

LaForme, a member of the Mississaugas of the New Credit First Nation, didn’t sugar-coat their prospects; he admitted it was lonely being an aboriginal judge but noted that being part of an oppressed minority has made him sensitive to injustice facing others — and helped him craft the landmark ruling in 2002 that legalized same-sex marriage.

Thanks to J.B.P. for sending this to us.