Here.
Univ. of Arizona IPLP Fall Festival Announcement
Here.
Author: Matthew L.M. Fletcher
Alaska Seeks Supreme Court Review of Alaska Native Susbistence Rights under Katie John
Here is the petition in Alaska v. Jewell:
State of Alaska Petition and Appendix
Questions presented:
1. Whether the Ninth Circuit properly held—in conflict with this Court’s decisions—that the federal reserved water rights doctrine authorizes the unprecedented federal takeover of Alaska’s navigable waters sanctioned by the 1999 Rule.
2. Whether the Ninth Circuit properly proceeded on the premise—which also conflicts with this Court’s decisions—that ANILCA could be interpreted to federalize navigable waters at all given Congress’s silence on the Act’s application to navigable waters.
Lower court materials here.
Tohono O’odham Nation Attorney Job Posting
Here.
Salon’s Vault: 1922 Monitoring of Indian Reservations
Here.
Sac and Fox Tribe/NCAI Briefs in Third Circuit Appeal of Jim Thorpe Case
David Simon’s Critique of Originalism in Light of “12 Years a Slave”
Powerful. In short, originalism and slavery is inextricably intertwined.
Here.
An excerpt:
Anyone who acquires the narrative of 12 Years A Slave and finds it within his shrunken heart to continue any argument for the sanctity and perfection of our Founding Fathers, for the moral wisdom of their compromised document of national ideal that begins the American experience, or for their anachronistic or historically understandable tolerance of slavery — they are arguing from a desolate, amoral corner.
If original intent included the sadism and degradation of human slavery, then original intent is a legal and moral standard that can be consigned to the ash heap of human history. Hardcore conservatives and libertarians who continue to parse the origins of the Constitutions under the guise of returning to a more perfect American union are on a fool’s journey to decay and dishonor.
Michigan SCT Funds Peacemaker Court in Washtenaw County (Judge Tim Connors)
Here.
An excerpt:
Judge Timothy Connors is a trial court judge in Washtenaw County. His project, a peacemaking court, was also chosen for funding. It will use Native American principles to resolve disputes.
“This commitment by the Michigan Supreme Court is another important step in improving outcomes for children, families, and communities in our state courts,” Connors said.
Nooksack Tribe Appellee Brief in Lomeli v. Kelly
Christine Haight Farley on Trademark Law and the Washington Football Team’s Trademarks
Here.
An excerpt:
The term used by the Washington football team has been demonstrated by overwhelming linguistic and historical evidence to constitute a disparaging epithet insulting to Native Americans. Many Native American organizations, including the National Congress of American Indians, the National Indian Education Association, the Native American Journalists Association, the Native American Rights Fund, the Morning Star Institute, the International Indian Treaty Council, and the National Indian Youth Council, have publicly and vociferously opposed the continued use of the term in trademarks or as the name of sports teams. The director of the Smithsonian National Museum of the American Indian has said he considers that name to be the most offensive name in current use. The trademark office tribunal was satisfied by survey evidence that showed that 37 percent of the Native Americans surveyed found the word the team uses as their name to be offensive.
Federal Circuit Affirms Partial Award to Indian-Owned Contractor in Dispute over Federal Construction Project
Here are the materials in White Buffalo Construction Inc. v. United States:
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