Kristen Carpenter and Angela Riley on Why DAPL is Such a Big Deal (Slate)

Here is “Standing Tall: The Sioux’s battle against a Dakota oil pipeline is a galvanizing social justice movement for Native Americans.”

Interior Releases Rule on Government-to-Government Relationship with Native Hawaiians

The DOI issued a news release regarding its rule for Native Hawaiians.  Here’s the rule, “Procedures for Reestablishing a Formal Government-to-Government Relationship with the Native Hawaiian Community.”

Harvard Indian Law Conference, Oct. 13-14, 2016 (Updated Agenda)

Here (PDF):

hls-indigenous-rights-conference-agenda-save-the-date_page_1 Continue reading

Fifth Commentary on TNToT — Chapter 4: “Tearing Down American Indian Educators and Parents”

This is the fifth full commentary on “The New Trail of Tears” (TNToT), a book written by Naomi Schaefer Riley (NSR or the author). The announcement post is here.

  • The first commentary, “Framed by a Friend,” is here.
  • The second commentary, “Turning Indian History against Indians,” is here.
  • The third commentary, “Indians are Saudi Arabia, Not Israel (Oh, and Crying Toddlers)” is here.
  • The fourth commentary, “”Indians as Unmotivated, Dependent Victims” is here.
  • Monte Mills’ guest commentary is here.

Chapter 4 of TNToT is about Indian education. NSR praises certain schools (St. Labre, Red Cloud, for example) because they are private or charter schools, and condemns public schools (Crazy Horse and Wounded Knee schools) and their teachers and administrators, especially Cecilia Fire Thunder.

Ben Chavis

NSR opens chapter 5 with Ben Chavis, a free market advocate, who formerly was the lead administrator of the American Indian Public Charter School in Oakland, California. He was a conservative darling, written up in the National Review in 2009. He was often praised in those circles for these actions:

During his tenure at the chain from 2000 to 2012, he was criticized for lodging punishments designed for what he called in his book “extra embarrassment.” He once shaved the head of a misbehaving student caught repeatedly stealing; some unruly students were forced to wear humiliating signs. And Chavis often referred to black students as “darkies.”

Ultimately he was caught misappropriating $3.8 million in school funds and forced out. It wasn’t his physical and emotional abuse, or his overt bigotry, it was his money management (and some serious self-dealing). Sadly, this continues NSR’s trend of quoting critics of Indian people and tribal governments that have a history of significantly unethical behavior (see Keith Moore and Stacy Phelps in chapter 3 — NSR does mention Moore’s trouble with the feds on page 141-42, but not Phelps — must be rough to find out your sources are apparently crooks].

NSR points out that Chavis has relocated to North Carolina and started a new school in Robeson County, Lumbee Country. His new math camp was based on similar principles as the Oakland school. In a previous article praising this school, NSR asserted that “most” of students there were Lumbee [in the same article, NSR describes Chavis’ practice of putting campers in “detention” — I thought this was a camp!!!!]

NSR also continues a trend of quoting people who really do not like Indians. NSR reports Chavis “has been called racist by members of his own community.” [at 111] TNToT includes a quote from Chavis condemning “lazy ass Indians.” [at 111] NSR joins in by alleging that Lumbee parents “don’t care” about their children. [at 111] Chavis promised to start a new charter school like the one in Oakland, but that school was  blocked, according to recent news reports.

St. Labre Indian School

Ivan Small, who NSR introduced in Chapter 1 as angry at not being allowed to buy Indian lands as below-market value, is now introduced as the director of the St. Labre Indian School. [at 118] St. Labre is funded by private donations and not tied to the Northern Cheyenne Tribe. A few years back, the school paid out $11 million to the Northern Cheyennes for “exploitation” of the poverty on the reservation (which created its own controversies).

TNToT lauds schools like St. Labre. Like probably way too many schools in and near Indian country and elsewhere, it kicks out the children with the most needs and problems, dumping those children on overtaxed and under-resourced public schools, then takes credit for the successes of the remaining students. NSR acknowledges the school’s “paternalistic policies” are what makes it successful. [at 117] No wonder Northern Cheyenne families don’t like Saint Labre. [at 118]

Continue reading

New Indian Law Papers (9/22/2016)

From SSRN:

Unwinding Non-Native Control over Native America’s Past: A Statistical Analysis of the Decisions to Return Native American Human Remains and Funerary Objects under the Native American Graves Protection and Repatriation Act, 1992–2013
University of Hawaii Law Review, Vol. 38, 2016
Jason C. Roberts
U.S. Department of State
Date Posted: September 21, 2016

Returning to the Tribal Environmental ‘Laboratory’: An Examination of Environmental Enforcement Techniques in Indian Country
Elizabeth Ann Kronk Warner
University of Kansas – School of Law
Date Posted: September 20, 2016

The Great Sioux Nation V. The ‘Black Snake’: Native American Rights and the Keystone Xl Pipeline
Buffalo Human Rights Law Review, Vol. 22, No. 67, 2016
Cindy Woods
International Corporate Accountability Roundtable (ICAR)
Date Posted: September 13, 2016

Traditional Problems: How Tribal Same-Sex Marriage Bans Threaten Indian Sovereignty
William Mitchell Law Review, Forthcoming
Marcia Anne Yablon-Zug
University of South Carolina School of Law

Kyle Whyte: “Why the Native American pipeline resistance in North Dakota is about climate justice”

Here.

D.C. Circuit Briefs in Navajo Challenge to 2014 Annual Funding Agreement

Here are the briefs in Navajo Nation v. Dept. of Interior:

Navajo Opening Brief

US Brief

Navajo Reply

Lower court materials here.

Ninth Circuit Again Rules Against San Pasqual Disenrollees

Here is the unpublished order in Alto v. Jewell.

Briefs here.

Five Red Cloud Indian School Students Earn Gates Millennium Scholarships

Here is “‘A Moment of Joy’ – Five Red Cloud Indian School Seniors Earn the 2016 Gates Millennium Scholarship.

Federal Court Orders Tribe to Engage in Discovery over Immunity Waiver

Here are the materials in Stillaguamish Tribe of Indians v. State of Washington (W.D. Wash.):

9-tribe-motion-for-summary-j

15-response

19-reply

22-dct-order-denying-9