Here is the opinion in United States v. Downwind.
Eighth Circuit Affirms Criminal Sentence in Red Lake Reservation Robbery
Here is the opinion in United States v. Downwind.
Author: Matthew L.M. Fletcher
NCAI Discussion Webinar on VAWA Pilot Project
NCAI Discussion Webinar on the VAWA Pilot Project Final Notice and Application Questionnaire
The Department of Justice has posted its Final Notice establishing Procedures for the VAWA 2013 Tribal Pilot Project for tribal governments to implement special domestic violence criminal jurisdiction on an accelerated basis.
NCAI will be hosting a discussion webinar regarding the Final Notice and the Application Questionnaire on Tuesday, December 3rd at 2:30 p.m. Eastern. Register for the webinar here. We have invited Sam Hirsch, Deputy Associate Attorney General, to join us and answer questions.
Ann Tweedy on the Madison County v. Oneida Indian Nation II Cert Petition
Here, from the Faculty Lounge. An excerpt:
In the Counties’ brief in support of the petition for certiorari, they claim that a holding in the Tribe’s favor on the disestablishment question would contravene the “justifiable expectations” of non-Indians in the area, who have come to expect to be exposed to little if any tribal presence or power. As I explained in a recent article, the Supreme Court routinely makes similar assumptions in favor of non-Indian residents and past land purchasers in tribal jurisdiction and reservation diminishment cases. See generally Ann E. Tweedy, “Unjustifiable Expectations: Laying to Rest Allotment-Era Settlers,” 36 Seattle U. L. Rev. 129 (2012). There are numerous problems with this type of assumption, however, and it can be hoped that the Solicitor General will raise some of them in his response.
The Oneida settlement in this matter is bogged down; see here and here.
In related news, former Oneida chairman Jake Thompson passed away last month: “Jake Thompson, who started Oneida land claim, dies.”
Grand Canyon Skywalk Cert Petition on SCOTUSblog Watch List
Here.
Tulalip Member John McCoy Moves to Washington State Senate
Here.
An excerpt:
The Snohomish County Council has picked longtime state Rep. John McCoy to be the state senator representing Everett, Tulalip and part of Marysville. It was a unanimous vote for the smart, well-liked McCoy, who had the most support among Democratic precinct committee officers in balloting against capable state Rep. Mike Sells and former legislative aide Kelly Wright, according to The Herald. McCoy will fill the vacancy created by the recent resignation of former Sen. Nick Harper. Snohomish County Council Chair Stephanie Wright said McCoy will be “a strong and effective advocate” for the county. He was the general manager of the Tulalip Tribes’ highly successful Quil Ceda Village retail and hotel development through its early years, winning the Puget Sound Business Journal’s Executive of the Year award in 2006.
Univ. of Oregon Seeks Liaison to Oregon Tribes
Assistant Vice President and Advisor (AVP&A) to the President on Sovereignty and Government-to-Government Relations: President’s Liaison to the Governments of the Federally Recognized Tribal Governments in Oregon.
The Assistant Vice President and Advisor will serve as a senior advisor to the president on the university’s government-to-government relationships with Oregon’s nine federally recognized tribal governments. The AVP&A reports directly to the president and works closely with all vice presidents including specifically the Senior Vice President and Provost, and the vice presidents with direct responsibility for advancement, government and community relations, and equity and inclusion, and the deans to provide campus leadership, guidance, and support for the University of Oregon Native American Initiatives. This position will also collaborate with and support various UO Native American organizations and programs.
Salary range: $105,000 to $125,000 annually, plus an excellent benefits package.
Search will remain open until filled; application review begins January 10, 2014.
More detailed information:
VAWA Pilot Project Final Notice
Here:
VAWA Pilot Project Final Notice November 29 2013
Summary:
This final notice establishes procedures for Indian tribes to request designation as participating tribes under section 204 of the Indian Civil Rights Act of 1968, as amended, on an accelerated basis, under the voluntary pilot project described in the Violence Against Women Reauthorization Act; establishes procedures for the Attorney General to act on such requests; and solicits such requests from Indian tribes.
Michigan Gaming Compact Negotiation News Coverage
From the Alpena News:
The Fletcher law firm in Lansing, which specializes in Native American legal issues, has said when the 20-year-old agreements expire is up for interpretation. Some experts cite a provision implying that the deals automatically roll over for five years if no new ones are reached.
And from MLive:
The state is looking at getting back some of that revenue sharing, but tribes will generally oppose that unless the state offers meaningful concessions, said Zeke Fletcher, a Lansing-based tribal lawyer and citizen of the Grand Traverse Band. He is not representing any tribes in the negotiations.
Traditionally, “meaningful concessions” have meant statewide exclusive rights to offer Vegas-style, or class III gaming, Fletcher said. In more recent compacts the state secured revenue sharing in exchange for more of a regional protection from competition, according to a blog post from Fletcher’s colleague, Bryan Newland.
Thanksgiving Treat: Map of Indian Reservations over Time
Here:
Stephen Pevar on Thanksgiving and American Indian History
Here. An excerpt:
Every schoolchild is taught that the holiday of Thanksgiving commemorates the feast the Pilgrims arranged to thank the Indians for their friendship, for sharing their land, and for showing them how to grow, harvest, and store food. Accounts say that the generosity of the Indians saved the colonists from starvation during the harsh New England winter of 1620.
Very few schoolchildren are also taught, however, about the deprivations and atrocities that occurred to the Indians afterwards, first at the hands of the colonists and then by the United States government. Ironically, if the United States believes today that it has a poor immigration policy, imagine how self-destructive the Indians’ immigration policy was by welcoming the very people who would soon seek to destroy them.
– See more at: http://blog.oup.com/2013/11/thanksgiving-american-indian-treaty-violations/#sthash.j8seTGCk.dpuf
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