NYTs Profile of the Problem of Michigan Charter Schools — Betsy DeVos Wants to Help Her Friends to Get Rich Robbing Michigan Taxpayers of their Education Money

Here is “Michigan Gambled on Charter Schools. Its Children Lost.

An excerpt:

When I later spoke to Newland, pointing out the cultural and geographical chasm between B.M.C.C. and the downstate, urban neighborhoods so many of their charters served, he shot back that Indians knew poverty as well anyone. “It’s a different stage for the same play,” he told me. “I think we understand it very well.” Were he “designing an education system from scratch,” Newland continued, he’d make funding levels the same for every district and pay teachers “like the white-collar professionals that they are.” But he wasn’t, so he supported charter schools. Unlike Parish, Newland was willing to discuss DeVos. “I learned at a relatively young age not to ascribe malice to people as a motivation,” he said. “I think when she says, ‘I care about having our kids learn,’ I believe that.” But, Newland went on: “She didn’t go to public school. Her kids didn’t go. My guess is she doesn’t hang out with a lot of people who know what it’s like going to a school with 50 percent people of color. And I haven’t seen evidence that she’s taken the time to learn.”

UNM Symposium on the Indian Civil Rights Act, March 2018

Here:

UNM symposium announcement

En Banc Petitions in Penobscot v. Mills

Here:

Tribe En Banc Petition

US En Banc Petition

Prior case materials here.

Jotwell Piece on Dan Carpenter’s Paper on 19th Century Indian Administrative Petitions

Here.

An excerpt:

Carpenter identifies several factors that contributed to Native Americans’4 early and robust use of the administrative petition. One factor was a pattern of congressional deference to the President in matters relating to Indian policy. Presidents, in turn, delegated great power to administrators within the War Department and, later, the Department of the Interior. A second important factor was that these administrators had no intention of leaving Native Americans alone, but rather embarked on prolonged campaigns of dispossession and subordination. In other words, Native Americans had every reason to want to influence administrative decisionmaking. A third factor, Carpenter argues, was a tradition of “complaint and supplication” among indigenous North Americans that was already well established by the time of the Founding. (P. 358.) According to this tradition, all types of authority (i.e., administrators as well as legislators) were appropriate subjects of entreaty.

Troy Eid: “Working Effectively With Tribes On Energy Projects”

Here.

Pyramid Lake Paiute Wins More Water in Ninth Circuit

Here is the unpublished memorandum in Pyramid Lake Paiute Tribe of Indians v. Board of Directors of the Truckee-Carson Irrigation District.

Briefs:

Pyramid Lake Opening Brief

Response Brief

Reply Brief

Oral argument video is here.

Narragansett Effort to Stop Providence Bridge Project Fails

Here are the materials in Narragansett Indian Tribe v. Rhode Island Department of Transportation (D.R.I.):

18-1 Federal Motion to Dismiss

19-1 State Motion to Dismiss

23-1 Tribe Response

26-1 State Reply

27-1 Federal Reply

28 DCT Order

Federal Court Denies Application by Non-Lawyer Tribal Bar Assn. Members for Admission to Practice

Here are the materials in O’Neil v. Gilman (D. Mont.):

1 Complaint

9 Motion to Dismiss

14 Opposotion

15 Reply

16 Magistrate R&R

17 DCT Order

Greg Ablavsky: “Tribal Sovereign Immunity and Patent Law”

Here, from Written Description, an IP blog.