Author: Matthew L.M. Fletcher

Current law and policy in the United States has failed to develop a framework that accounts for the unique nature of intangible cultural heritage. Therefore, intangible cultural heritage, such as Native American hunting and fishing rights, lacks adequate protection. However, international laws—such as the United Nations Declaration on the Rights of Indigenous Peoples, and the United Nations Educational, Scientific, and Cultural Organization (UNESCO) Convention for the Safeguarding of Intangible Cultural Heritage—can help United States lawmakers develop a framework that recognizes Native American hunting and fishing rights as intangible cultural heritage, and adequately protects them as such.

Saginaw Chippewa v. NLRB Sixth Circuit Briefing Complete

April 1, 2014Matthew L.M. Fletcher1 Comment

Here:

Saginaw – NLRB – Brief filed on 12-6-13

NLRB Brief (SCIT)

Chickasaw Nation Amicus Brief

NCAI Amicus Brief

American Indian Law Scholars Amicus Brief

Ute Mountain Ute Amicus Curiae Brief

Saginaw Chippewa Reply Brief

2014 Wisconsin Coming Together of Peoples Conference

April 1, 2014April 1, 2014Matthew L.M. Fletcher

Agenda here:

28th Annual Coming Together of the Peoples Conference
Indigenous Law Students’ Association
University of Wisconsin Law School, Madison, WI
April 4-5, 2014

Friday, April 4th (LUBAR Commons, room 7200)
3:00-3:10 P.M. – Traditional Opening
Jason Stark – Great Lakes Indian Fish & Wildlife Commission

3:10-3:30PM – Opening Remarks
Margaret Raymond – Dean, University of Wisconsin Law School

3:30-5:00 P.M. – Panel: Tribal Law and the Economy
Gwen Carr – Owner of Intrans, Llc, Executive Director and Political Consultant
Andrew Caulum – Office of the Solicitor – Division of Indian Affairs, United States Department of the Interior, Washington, D.C.
Jeff Johnson – President, J.W. Johnson & Associates

5:00-6:00 PM – Dinner

6:00-7:00 P.M. – Keynote
Stacy Leeds – Dean, University of Arkansas Law School

8:00PM – Reception at Brocach Irish Pub (Capitol Square)

Saturday, April 5th (Room 2211)
8:00-9:00 A.M. – Morning Reception (Coffee and Morning Snacks)
9:00-10:30 A.M. – Panel: Mining and the Environment
Richard Waissar – Office of Indian Energy and Economic Development, Department of Interior
Jason Stark – Policy Analyst, GLIFWC

10:30-12:00 – Panel: Mining and Tribal Sovereignty
James Schlender Jr. – Tribal Attorney, Lac Courte Oreilles
Larry Nesper – Professor, University of Wisconsin
Elizabeth Kronk – Professor, University of Kansas Law School

12:00-12:10 P.M. – Drum
Dylan Jennings – Bad River Ojibwe

12:10-1:00 P.M – Luncheon Keynote
Brian Pierson – Godfrey & Kahn, S.C.

1:00-2:30 P.M. – Panel: Tribal Same-Sex Marriage and Adoption
Richard Monette – Professor, Wisconsin Law School
Ann Tweedy – Professor, Hamline School of Law
Carol Gapen – The Law Center for Children and Families

2:30-4:00 P.M. – Panel: Sports Law and Mascots
Barbara Munson – Wisconsin Indian Education Association
Mark Denning – Kochman Mavrelis Associates
*Brian Pierson – Godfrey & Kahn, S.C.

4:00-5:00 P.M. – Closing
James Schlender Jr. –Tribal Attorney, LCO Band of Ojibwe

5:30 P.M. – LEO Banquet at The Madison Concourse Hotel

United Nations Human Rights Committee on American Indian Sacred Sites

March 31, 2014Matthew L.M. Fletcher

The Committee issued a report from its recent review the U.S. late last week.

Of note:

Rights of indigenous people

25. The Committee is concerned about the insufficient measures being taken to protect the sacred areas of indigenous peoples against desecration, contamination and destruction as a result of urbanization, extractive industries, industrial development, tourism and toxic contamination. It is also concerned about restricted access of indigenous people to sacred areas essential for preservation of their religious, cultural and spiritual practices and the insufficiency of consultation conducted with indigenous peoples on matters of interest to their communities (art. 27).

The State party should adopt measures to effectively protect sacred areas of indigenous peoples against desecration, contamination and destruction and ensure that consultations are held with the communities that might be adversely affected by State party’s development projects and exploitation of natural resources with a view to obtaining their free, prior and informed consent for the potential project activities.