Here.
Time Magazine Article on Impact on Tribes of Liberalized Marijuana Laws in Colorado and Washington
Here.
Author: Matthew L.M. Fletcher
Washtenaw Legal News on Peacemaking Court
Here.
Federal Court Holds Tribal Courts May Adjudicate Claims against On-Rez Public Schools in North Dakota
Here are the materials in Belcourt Public School District v. Davis (D. N.D.):
19 Belcourt Motion for Summary J
And here is the opinion in Fort Yates Public School District #4 v. Murphy (D. N.D.):
We posted materials in this matter here.
New Scholarship on the Sarayaku v. Ecuador Inter-American Court of Human Rights Decision
Thomas M. Antkowiak has posted “Rights, Resources, and Rhetoric: Indigenous Peoples and the Inter-American Court,” forthcoming in the University of Pennsylvania Journal of International Law, on SSRN. Here is the abstract:
In 2012, the Inter-American Court of Human Rights handed down Sarayaku v. Ecuador, a crucial decision on indigenous rights. This Article considers how the Sarayaku judgment impacts the Court’s case law on indigenous lands and resources, and evaluates that jurisprudence as a whole. Examining the cases, it becomes evident that the Tribunal now connects a number of key indigenous rights to the right to property, Article 21 of the American Convention on Human Rights. When traditional lands are involved, the right to property has become the Court’s structural basis for indigenous rights.
For significant reasons, however, the right to property cannot serve as the conceptual stronghold for indigenous peoples’ survival and development. First, the Court’s approach limits the autonomy of indigenous peoples and their capacity for change. Second, the right to property inherently has difficulty providing even basic protection for ancestral lands because domestic and international law grants states wide latitude to interfere with property. Though the Court has attempted to create special ‘safeguards’ for indigenous lands and resources, they have proven inadequate.
In response, I urge a distinct way for the Court to conceptualize indigenous rights. The right to property must be subsumed by, and anchored to, a stronger configurative principle to defend indigenous peoples’ livelihood. Other human rights regimes offer the right to self-determination or specific minority protections that can safeguard indigenous rights. The relevant Inter-American legal instruments fail to establish such principles. As a result, I propose that a broad right-to-life concept, known as vida digna in the Court’s case law, serve as the new structural basis for an array of essential indigenous norms — including cultural integrity, nondiscrimination, lands and resources, social development, and self-government.
United States Intervention Materials in Penobscot Nation v. Maine
Chehalis Tribes Win $22K+ in Costs from Thurston County in Tax Dispute
Michigan Public Radio on Washtenaw County’s Peacemaker Court
Here.
An excerpt:
There appears to be a lot of interest in a new kind of court in Washtenaw County.
More than 80 lawyers, mediators, and probation officers packed Judge Timothy Connors’ courtroom on Friday.
They were there for a six-hour education session on the Native American philosophy that guides the new peacemaking court.
The program was led by Tribal Council member and former Tribal Judge JoAnne Gasco and Court Peacemaker Paul Raphael from the Grand Traverse Band of Ottowa and Chippewa Indians.
2014 FBA Indian Law Conference Agenda
Here:
Thursday, April 10, 2014 – Morning Session
PANEL 1. BABY VERONICA – TEXTING PATERNITY AWAY AND BRINGING ICWA INTO 21ST CENTURY
Natalie Landreth, Senior Attorney, Native American Rights Fund (Moderator)
- Anita Fineday, Director, Casey Family Program, Indian Child Welfare Program
- Heather Kendall-Miller, Senior Attorney, Native American Rights Fund
- Sara Hill, Senior Assistant Attorney General for the Cherokee Nation
- Jack Trope, Executive Director, Association on American Indian Affairs
PANEL 2. ELECTIONS 2014 – SHELBY COUNTY & THE IMPACT ON INDIAN COUNTRY
Natalie Landreth, Senior Attorney, Native American Rights Fund (Moderator)
- Martin W. Aguilar, NAEIP Liaison, Office of the New Mexico Secretary of State
- Laughlin McDonald, Director, American Civil Liberties Union, Voting Rights Project
- Nina Perales, Senior Attorney, Mexican-American Legal Defense Fund
- James T. Tucker, Attorney, Wilson Elser
LUNCH PROGRAM:
REPORT FROM THE INDIAN LAW AND ORDER COMMISSION – “A ROADMAP FOR MAKING NATIVE AMERICA SAFER”
Natalie Landreth, Senior Attorney, Native American Rights Fund (Moderator)
- Troy Eid, Partner, Greenberg Traurig LLP
- Carole Goldberg, Professor, University of California Los Angeles School of Law
Thursday, April 10, 2014 – Afternoon Session
PANEL 3. SOVEREIGN ENERGY: POWERING THE DIGITAL AGE
Steven Paul McSloy, Partner, Dentons (Moderator)
- Michon Ebon, Cultural Resource Coordinator, Reno-Sparks Indian Colony (Invited)
- Carla Fredericks, Clinical Faculty, University of Colorado School of Law
- Pilar Thomas, Deputy Director, Office of Indian Energy Policy and Programs, U.S. Department of Energy, Office of Indian Energy
- Lynn Slade, Partner, Modrall Sperling
CONCURRENT BREAKOUT SESSION 1
TRIBAL MEMBERSHIP IN A NEW MILLENNIUM: INCLUDING FUTURE GENERATIONS IN THE TRIBAL NETWORK
Angelique EagleWoman, Associate Professor, University of Idaho College of Law (Moderator)
- Colin Cloud Hampson, Attorney, Sonosky, Chambers, Sachse, Endreson & Perry, LLP
- Danna Jackson, Assistant U.S. Attorney, U.S. Department of Justice, District of Montana
- Hon. Bruce Plackowski, Chief Judge, Nez Perce Tribe
- Christine Zuni Cruz, Associate Dean, University of New Mexico School of Law
PANEL 4. NEGOTIATING SOVEREIGNTY &THE OUTER LIMITS OF COMPACTS POST-RINCON
Steven Paul McSloy, Partner, Dentons (Moderator)
- Little Fawn Boland, Partner, Ceiba Legal, LLP
- Ray Halbritter, Nation Representative, Oneida Indian Nation of New York
- Jeff Nelson, Counsel, Kanji & Katzen P.L.L.C.
- George Skibine, Counsel, Dentons
Friday, April 11, 2014 – Morning Session
PANEL 5: RESERVATION INFRASTRUCTURE AS AN ECONOMIC DRIVER
Patrice Kunesh, Deputy Under Secretary, Rural Development, US
Department of Agriculture (Moderator)
- Catherine Munson, Partner, Kilpatrick Townsend
- Bryan Newland, Counsel, Fletcher Law PLLC
- Hon. Christine Williams, Chief Judge, Northern California Intertribal Court System
- Elsie Meeks, State Director, Rural Development State Director, U.S. Department of Agriculture
PANEL 6: TRIBAL SOVEREIGN IMMUNITY IN THE DIGITAL AGE
Patrice Kunesh, Deputy Under Secretary, Rural Development, US Department of Agriculture (Moderator)
- Elizabeth Conway, Associate General Counsel, Mashantucket Pequot Tribe
- Pratik Shah, Partner, Akin Gump Strauss Hauer & Feld LLP
- William Wood, Associate Professor, Southwestern Law School
- Jennifer Weddle, Partner, Greenberg Traurig LLP
Friday, April 11, 2014 – Afternoon Session
PANEL 7: INTERNATIONAL LAW: INDIGENOUS ISSUES ON AN INTERNATIONAL GRID
Angelique EagleWoman, Associate Professor, University of Idaho College of Law (Moderator)
- Robert Tim Coulter, Director, Indian Law Resource Center
- Tracey LeBeau, Director, Office of Indian Energy Policy and Programs, U.S. Department of Energy
- G. William Rice, Professor, University of Tulsa College of Law
- Rebecca Tsosie, Professor of Law, Arizona State University College of Law
CONCURRENT BREAKOUT SESSION 2
INTANGIBLE SOVEREIGNTY: INTELLECTUAL PROPERTY ISSUES IN INDIAN LAW
Steven Paul McSloy, Partner, Dentons (Moderator)
- Suzan Shown Harjo, Poet and Policy Advocate
- Marshall McKay, Chairman, Yocha Dehe Wintun Nation
- Trevor Reed, J.D. Candidate, Columbia Law School / Ford Foundation & Pre-Doctoral Fellow in Ethnomusicology, Columbia University Graduate School of Arts and Sciences
- Paula Yost, Partner, Dentons
PANEL 8: THE ETHICS OF INTERFACING TRIBAL SOVEREIGNTY
Angelique EagleWoman, Associate Professor, University of Idaho College of Law (Moderator)
- Hon. Greg Bigler, Tribal Attorney and Tribal Court Judge
- Cheryl Demmert Fairbanks, Counsel, Cuddy McCarthy, LLP
- Matthew Fletcher, Professor, Michigan State University College of Law
- Fawn Sharp, President, Quinault Nation
Eric Hemenway to discuss “Native Americans in the War of 1812” at Detroit Public Library
For Immediate Release
February 4, 2014
As part of the “1812: Star-Spangled Banner Nation” exhibit, the Michigan War of 1812 Bicentennial Commission is offering a series of six free Saturday lectures. All programs will take place at 2 p.m. in the Main Branch of the Detroit Public Library located at 5201 Woodward Avenue in Detroit’s Cultural Center.
The traveling exhibit of 25 original oil paintings was created by the American Society of Marine Artists (ASMA) to help commemorate the bicentennial of the War of 1812. The paintings reflect nautical scenes from the War of 1812, including the famous battle between USS Constitution v. HMS Guerriere, August 19, 1812, in the Atlantic Ocean.The exhibit, hosted by the Detroit Public Library, is open at no charge, through Saturday, March 1st, during regular library hours.
Eric Hemenway, the Director of Repatriation, Archives and Records for the Little Traverse Bay Bans of Odawa Indians, presents “Native Americans in the War of 1812” on Sat.,Feb. 8, at 2 p.m. Hemenway currently sits on the Michigan Humanities Council, Emmet County Historical Commission and the Harbor Springs Board of Trustees.
In addition to repatriation work, Eric has been involved in five different exhibits, from national to state levels, on Great Lakes Indian history. Eric also performs educational outreach with local schools in northern Michigan, as well as speak nationally on Great Lakes history and the importance of repatriation for Michigan tribes. Eric currently sits on the Michigan Humanities Council, Emmet County Historical Commission and the Harbor Springs Board of Trustees.”
Eric Hemenway’s talk will discuss the Odawa involvement in the War and the drastic outcome it had for the tribe. He stated, “The War of 1812 represents one of the major turning points in Great Lakes Indian history. The Odawa, Ojibwe, Potawatomi and other tribes would have their futures forever altered after this war. In many scenarios, the repercussions for the tribes were severe and long lasting.” Continue reading
Federal Court Grants US Motion to Intervene in Penobscot Fishing Case
Here is the order in Penobscot Nation v. Mills (D. Me.):
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