Author: Kate E. Fort

Little River Withdraws Petition for Land into Trust, Will Likely Resubmit

Kate Fort

From 6/25/10 MIRS (subscription only):

Feds Nix Indian Casino Expansion, For Now
At least for the time being, the U.S. Department of the Interior delayed a Michigan Native American tribe’s plan to move forward with a casino project near the site of the now-defunct Great Lakes Downs Racetrack near Muskegon.

The Little River Band of Chippewa Indians wants to open a casino on the Great Lakes Downs location. The tribe was one of the four tribes that compacted with the state in 1998 for the right to operate class III (Las Vegas style) casinos. It currently operates a casino in Manistee.

Because the location is not within current tribal boundaries, there are several hurdles the tribe would need to clear in order to operate a casino at the Muskegon site. One hurdle has already been cleared. On March 19, Gov. Jennifer GRANHOLM signed two amendments to the state’s compact with the Little River band that would let it build the new casino.

The Governor attached her signature after a deal was negotiated between her administration and the tribe.

“It would mean considerable revenues,” John WERNET, deputy legal counsel told MIRS today. “The good news would be that this would mean more dollars for the School Aid Fund (SAF). The bad news is that this would take years before it happened.”

The next step would be to have the Legislature approve one of the amendments. This is HCR 0054, sponsored by Rep. Doug BENNETT (D-Muskegon), which is currently before the House Regulatory Reform Committee.

Meanwhile, the other amendment to the compact was sent to the U.S. Department of Interior for approval. That’s where the project hit a roadblock.
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SCOTUSblog lists two Indian law cases as “Petitions to Watch”

Kate Fort4 Comments

SCOTUSblog continues to not take any chances with Indian law cases, listing both Cobell v. Salazar and Arctic Slope Native Association v. Sebeliusas  petitions to watch for tomorrow’s conference.

Links to our coverage of the Cobell cert petition and government opposition are here and here.

Arctic Slope coverage here and here.

Crow Photographer Sings in the Timber in NYT’s Lens Blog

Kate Fort

From the NYT’s Lens Blog–click through for the slideshow of Adam Sings in the Timber’s photos.

It often seems as if America has only two frames through which to view its native culture: ceremony and pageantry or poverty and addiction.

“They are both opposite ends,” Adam Sings in the Timber said. “There is so much more in the middle.”

Mr. Sings in the Timber has had ample opportunity to reflect on how Indian culture is portrayed. He is a freelance multimedia and video producer for Reznet, a Native American news, information and entertainment Web site that trains and mentors college students who are preparing for journalism careers. He has also been documenting the everyday life of the Crow Tribe in southeastern Montana.

More “Deadwood” Scholarship

Kate Fort

Here is an essay on the television show “Deadwood” by Prof. Rebecca Johnson of the University of Victoria Law Faculty.  She has more discussion of Indians, rule of law, and colonialism than previous articles.

Living Deadwood: Imagination, Affect and the Persistence of the Past

Laches Article Cited in 7th Cir. Tax Case

Kate Fort

My article, The New Laches: Creating Title Where None Existed, 16 Geo. Mason L. Rev. 357 (2009) was cited in a 7th Circuit tax case this week.  🙂

Judge Posner used it as a see cite after a paragraph about the historical  purpose of laches, concluding that “[l]aches fitted nicely with such long-established equitable maxims as ‘he who seeks equity must do equity’ and ‘equity aids the vigilant, not those who sleep on their rights.'”

Interestingly, after spending three paragraphs on laches, the opinion reads “neither party suggests that laches might be an adequate substitution for a fixed deadline . . . ” and the Judge concludes his laches discussion with the point that whether laches applies against the government is “an open question in this court. United States v. Administrative Enterprises, Inc., 46 F.3d 670 (7th Cir. 1995). ” That case was one used in the 2nd Circuit Cayuga case, 413 F.3d 266 (2005), to hold laches applied to both the United States and the Cayuga Nation.  I think it’s possible Judge Posner might be as interested in laches and sovereigns as I am–it’s a rare person who voluntarily injects laches into discussion.

In the present case, Lantz v. Commissioner of Internal Revenue, No. 09-3345 (7th Cir. 2010), a woman seeking equitable relief under the “innocent spouse” rule regarding a false joint return filed by her husband, but signed by both of them.  Unfortunately, laches was no help to her.

Summertime in the News Business

Kate Fort

A favorite Indianz headline this week:

Navajo woman first in line for new Olive Garden restaurant

Yankton Sioux Decision in Light of Podhradsky

Kate Fort1 Comment

The 8th Circuit opinion in Yankton Sioux Tribe v. U.S. Army Corps of Engineers is here. The opinion in Podhrasky is here.

Because this appeal was briefed and argued with the cross appeals pending in Podhradsky, the parties have understandably reiterated their core positions in that case, namely, the Tribe’s contention that the Reservation was diminished only by the sales of surplus lands ceded by the 1894 Act (as the Supreme Court held in Yankton Sioux Tribe ), and the State’s contrary contention that the Reservation was altogether disestablished by the 1894 Act. We rejected those contentions in Podhradsky. That decision is final (subject only to further review by this court or the Supreme Court) and binding on our panel. Therefore, we will discuss in this opinion only those issues raised by the Tribe that were not presented to and decided by the court in Podhradsky.

Arizona State Law Journal IGRA Symposium Issue

Kate Fort

The Arizona State Law Journal’s IGRA Symposium Issue is out.  Volume 42 has 7 articles about IGRA.  The articles are not yet available on their website, but here are the titles and the authors.  Some of the articles are available on this site via SSRN.

Virginia W. Boylan, Reflections on IGRA 20 Years After Enactment, 42 Arizona State Law Journal 1  (Spring 2010)

Robert N. Clinton,  Enactment of the Indian Gaming Regulatory Act of 1988: The Return of the Buffalo to Indian Country or Another Federal Usurpation of Tribal Sovereignty?,  42 Arizona State Law Journal 17

Franklin Ducheneaux, The Indian Gaming Regulatory Act: Background and Legislative History, 42 Arizona State Law Journal 99

Kevin Washburn, Kevin Gover, Tom Gede, The States as Trespassers in a Federal-Tribal Relationship: A Historical Critique Tribal-State Compacting Under IGRA, 42 Arizona State Law Journal 185

G. William Rice, Some Thoughts on the Future of Indian Gaming, 42 Arizona State Law Journal 219

Alexander Tallchief Skibine, Indian Gaming and Cooperative Federalism, 42 Arizona State Law Journal 253

Kevin Washburn, Agency Conflict and Culture: Federal Implementation of the Indian Gaming Regulatory Act by the National Indian Gaming Commission, The Bureau of Indian Affairs, and the Department of Justice, 42 Arizona State Law Journal 303

State Civil Rights Panel to Discuss Mascot Issue

Kate Fort

From the Holland Sentinel:

State Civil Rights Panel to again take up issue of Native American mascots
By CHRISTINE HOMAN
Posted May 03, 2010 @ 05:30 AM
Lansing, MI —

By CHRISTINE HOMAN
Capital News Service

The Civil Rights Commission will soon be examining its stance on Native American mascots.

At its May 24 meeting, the commission is scheduled to discuss the issue and decide whether to take action.

In 2002, it passed a resolution condemning the use of Native American mascots, but at the upcoming meeting, the commission will consider whether to issue a declaratory ruling that indicates how it would deal with the question in the future.

“As we grow more sensitive and understanding, there are certain practices we’ll have to examine,” said Harold Core, director of public relations for the Department of Civil Rights.

Opponents of using Native American mascots and nicknames for schools and colleges say they’re offensive and in some cases racist.

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DOJ Adds 33 New AUSAs, 21 in Indian Country Districts

Kate Fort

From PR Newswire (with additional local coverage):

Department of Justice Announces Allocation of 33 New Prosecutors, Launches 3 Community Prosecution Pilot Teams in Indian Country

WASHINGTON, May 4 /PRNewswire-USNewswire/ — Attorney General Eric Holder today announced the allocation of 33 new Assistant U.S. Attorney (AUSA) positions to 21 judicial districts that contain Indian Country. The department has also launched three Indian Country Community Prosecution Teams. These new resources will enable the Justice Department to work with tribal and state law enforcement partners to improve public safety in tribal communities.

“Violent crimes, and particularly crimes against women and girls, continue to devastate tribal communities across the country, and the U.S. Attorney community is crucial to the Department of Justice’s response,” Attorney General Holder said. “With 33 more federal prosecutors headed to Indian Country, and the launch of three new Community Prosecution Pilot Projects, we have made significant progress finding and implementing solutions to the public safety challenges confronting tribal communities. This Administration is committed to reducing the level of violent crime in tribal communities.”

The new AUSA allocation is the result of $6 million provided in the department’s FY2010 budget for the hiring of prosecutors in Indian Country. Districts were asked to submit requests for additional prosecutors, which were reviewed with relevant statistical data by a team of U.S. Attorneys and staff from the Executive Office of U.S. Attorneys. Thirty AUSAs will be distributed to districts as follows:

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