American Indian Youth Film Workshop at MSU

From the flyer:

July 17th to July 22nd

Sponsored by the Native American Institute and the College of Arts and Letters.
All students ages 13‐18 may register. Students will attend workshops under the instruction of MSU faculty.
Students will be housed on Michigan State University campus for 4 days.

Lodging and meals will be included for each student.

Students will complete a short film as well as learn:

To use cameras to film scenes and people

To set up & design shots for filming

To create storyboards to develop stories for film

To edit video

To create & edit soundtracks for film

To produce special effects

For information, contact: Gordon Henry at (989) 859‐0178 or henryg@anr.msu.edu

NAI office at (517)353‐6632.

To register for NAI/CAL Film Institute, visit http://www.nai.msu.edu.

Oklahoma Supreme Court Affirms Tribal Sovereign Immunity in Employment Contract Claim

The case is Dilliner v. Seneca-Cayuga Tribe of Oklahoma, 2011 OK 61, No. 109805.  From the opinion:

Plaintiffs ask us to conclude that, because the Business Committee granted authority to Chief Spicer to sign employment contracts with tribal employees for three year terms at their current positions and salaries, those contracts must have been approved and ratified in all particulars, including the limited waiver of sovereign immunity. We do not agree with plaintiffs’ position. Federal law requires that the waiver of sovereign immunity be express and unequivocal; it cannot be implied. The Tribe’s Constitution and By-Laws do not authorize the Chief to waive the Tribe’s sovereign immunity.

¶20 Waiver of sovereign immunity was neither expressed nor consented to in the Business Committee’s resolutions that authorized the Chief to sign the employment contracts. Neither of the resolutions expressly ratified the contracts that Chief Spicer entered into: Resolution #27-072607 only authorized the Chief to sign a contract with tribal employees for a three year term, in their present positions of employment and at their present salaries; Resolution #46-081407 ratified only the resolution, not the contracts. We must conclude that under these circumstances, there was no express and unequivocal waiver of the Tribe’s sovereign immunity.5

¶21 The judgment of the trial court is affirmed.

Bay Mills Appeal to Stay Preliminary Injunction Denied by Sixth Circuit

Bay Mills appeal to stay the preliminary injunction issued by the district court in Little Traverse Bay Bands of Odawa Indians v. Bay Mills Indian Community & State of Michigan v. Bay Mills Indian Community was denied by the Sixth Circuit today. The document is here.

Our previous coverage of this appeal is here, previous coverage of this case is here.

Scholarship from Berger and Owley

Here is Bethany Berger’s article on Williams v. Lee in the Michigan Law Review.  We first posted about it here.

And here is an abstract of an article by Jessica Owley on tribes as conservation easement holders.  The full paper is not yet available for download.

News Coverage of Brown v. Rincon Band

From McClatchy News Service:

By Michael Doyle | McClatchy Newspapers

WASHINGTON — The Supreme Court on Monday undercut California’s negotiating clout with tribes, as the justices effectively upheld a decision that the state overreached when it compelled general fund payments in exchange for casino approvals.

The court’s decision not to hear California’s appeal is an immediate victory for the San Diego-area Rincon Band of Luiseno Indians. The tribe wants to add hundreds of slot machines to its existing Harrah’s Rincon Casino & Resort, north of Escondido.

Osage Nation v. Irby and Brown v. Rincon Petitions Denied

The Supreme Court denied both the Osage Nation v. Irby and Brown v. Rincon Band petitions today.  The order list is here.

Cherokee Nation of Oklahoma Elects a New Principal Chief by 11 Votes

From the Washington Post coverage:

OKLAHOMA CITY — In a close election that ran overnight, the Cherokee Nation elected a new principal chief Sunday, with final results posted on the tribe’s website showing longtime councilman Bill John Baker defeating three-term incumbent Chad Smith by 11 votes.

More than 15,000 votes were cast, and the margin between the men had been fewer than 30 since late Saturday.

SCOTUSblog on U.S. v. Jicarilla Apache

SCOTUSblog posted its summary of U.S. v. Jicarilla Apache today.

Article on Supreme Court Justices Use of Dictionaries on the Rise

From the NY Times:
Justices Turning More Frequently to Dictionary, and Not Just for Big Words
By ADAM LIPTAK

WASHINGTON — In a decision last week in a patent case, Chief Justice John G. Roberts Jr. puzzled out the meaning of a federal law by consulting the usual legal materials — and five dictionaries.

One of the words he looked up was “of.” He learned that it means pretty much what you think it means.

In May alone, the justices cited dictionaries in eight cases to determine what legislators had meant when they used words like “prevent,” “delay” and “report.” Over the years, justices have looked up both perfectly ordinary words (“now,” “also,” “any,” “if”) and ones you might think they would know better than the next guy (“attorney,” “common law”).

All of this is, lexicographers say, sort of strange.

“I think that it’s probably wrong, in almost all situations, to use a dictionary in the courtroom,” said Jesse Sheidlower, the editor at large of the Oxford English Dictionary. “Dictionary definitions are written with a lot of things in mind, but rigorously circumscribing the exact meanings and connotations of terms is not usually one of them.”

And in a very quick, just for fun (?) search:

Carcieri v. Salazar: “At that time, the primary definition of “now” was “[a]t the present time; at this moment; at the time of speaking.” Webster’s New International Dictionary 1671 (2d ed.1934); see also Black’s Law Dictionary 1262 (3d ed.1933) (defining “now” to mean “[a]t this time, or at the present moment” and noting that “ ‘[n]ow’ as used in a statute ordinarily refers to the date of its taking effect …” (emphasis added)).”

Nevada v. Hicks: “(“Process” is defined as “any means used by a court to acquire or exercise its jurisdiction over a person or over specific property,” Black’s Law Dictionary 1084 (5th ed.1979), and is equated in criminal cases with a warrant, id., at 1085.)”

U.S. v. Lara (J. Thomas, concurring): “The sovereign is, by definition, the entity “in which independent **1644 and supreme authority is vested.” Black’s Law Dictionary 1395 (6th ed.1990). It is quite arguably the essence of sovereignty not to exist merely at the whim of an external government.”

Minnesota v. Mille Lacs Band (C.J. Rehnquist, dissenting):”Usufructuary rights are “a real right of limited duration on the property of another.” See Black’s Law Dictionary 1544 (6th ed.1990).”

Feel free to add additional favorites in the comments.

Regional Tribal Consultations on Cobell to Start in Billings on July 15th

From the DOI press release:

First Regional Tribal Consultation on Cobell Trust Land Consolidation Program Announced

WASHINGTON, D.C.-Deputy Secretary of the Interior David J. Hayes today announced Billings, Montana as the location for the first of six regional government-to-government tribal consultations regarding the Trust Land Consolidation component of the Cobell Settlement.

“These regional consultations will provide valuable input in developing an implementation strategy that will benefit tribal communities and help free up trust lands,” said Deputy Secretary Hayes. “The consultation process is fundamental to respecting our government-to-government relationship with the tribes and I look forward to meeting with Tribal Leaders from the Rocky Mountain and Great Plains regions.”

On May 27, 2011, U.S. Senior District Judge Thomas F. Hogan granted communication between representatives of the United States and Cobell class members only in regards to the Trust Land Consolidation component of the Settlement.

The dates and locations for the remaining five regional tribal consultations will be announced in the coming weeks. For additional information on the First Tribal Consultation, please click
here.

BACKGROUND:

The Cobell settlement was approved by Congress on November 30, 2010 (Claims Resolution Act of 2010) and signed by President Obama on December 8, 2010. The $3.4 billion Cobell Settlement will address the Federal Government’s responsibility for trust accounts and trust assets maintained by the United States on behalf of more than 300,000 individual Indians. A fund of $1.5 billion will be used to compensate class members for their historical accounting, trust fund and asset mismanagement claims.

In addition, to address the continued proliferation of thousands of new trust accounts caused by the “fractionation” of land interests through succeeding generations, the Settlement establishes a $1.9 billion fund for the voluntary buy-back and consolidation of fractionated land interests. The land consolidation program will provide individual American Indians with an opportunity to obtain cash payments for divided land interests and free up the land for the benefit of tribal communities.

Furthermore, up to $60 million will be set aside to provide scholarships for higher education for American Indians and Alaska Natives.

More information can be found at http://www.doi.gov/cobell

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