Here.
News Commentary on Port Huron Casino Likelihood
Here.
Author: Matthew L.M. Fletcher
Quicken Loans Founder to Acquire Greektown Casino
Here.
Michigan Civil Rights Commission to File Discrmination Complaint with U.S. Dept. of Education over Indian Sports Names and Mascots
From the MCRC:
Later this morning, the Michigan Department of Civil Rights will file a complaint with the United States Department of Education, Office of Civil Rights (OCR) on behalf of all present and future students who are, are descended from, or otherwise self-identify as American Indians. This complaint asks OCR to order an end to the use of American Indian mascots, names, terms, graphics and/or other imagery as a violation of equal protection for primary and secondary students.
Here are the materials:
MDCR_2-8-13_Discrimination_Complaint
MDCR_2_8_13_Supporting_Argument
MDCR_2-8-13_Appendix_A_-_References
Gila River Indian Community Attorney Job Posting
New Student Scholarship on Tribal Authority to Zone Nonmember Lands under the Montana 1 Exception
Alexis Applegate has published her note, “Tribal Authority to Zone Nonmember Fee Land Using the First Montana Exception: A Game of Checkers Tribes Can Win” (PDF), in the Boston College Environmental Affairs Law Review.
The abstract:
The modern Congress and executive branch generally recognize that American Indian tribes retain their inherent sovereign authority over people and property within Indian Country unless Congress previously acted to limit that authority. The Supreme Court, however, has incrementally departed from this recognition of inherent sovereign authority by implementing limits on tribal authority over nonmembers and nonmember land. These impediments began with the divestiture of tribal jurisdiction over crimes committed by nonmembers and expanded to limitations on tribal authority to assert civil regulatory and adjudicative jurisdiction over nonmembers. The Supreme Court first applied this theory of implicit divestiture on limitations of tribal civil regulatory authority in the landmark case Montana v. United States. This limitation on tribal sovereignty continues to severely impact the ability of tribal governments to implement successful zoning and comprehensive land use plans withinreservation boundaries. This Note accepts the status of the law for the time being and offers advice and suggestions for tribes to use the language of these decisions to develop consensual relationships with nonmember fee land owners in the creation of comprehensive zoning plans.
Federal Search Warrant in Seneca-Cayuga’s Skydancer Smoke Shop in Upstate New York
NCAI Release in Support of Senate Version of VAWA
NCAI Reiterates Support for Senate Version of Violence Against Women Act;
Letter to Leahy and Crapo Calls for No Harmful Amendments to S.47
NCAI Policy Research Center Releases Brief on Violence Against Women Statistics
Washington, DC – In a letter sent to Senators Leahy and Crapo this morning, the National Congress of American Indians’ (NCAI) Taskforce on Violence Against Women expressed strong opposition to any harmful amendments offered to the Senate legislation to reauthorize the Violence Against Women Act (VAWA). In the letter to the Senate co-authors of the legislation, NCAI expressed unified opposition to amendments to VAWA that would strip tribal jurisdiction provisions or alter the current language in S. 47 in a harmful manner.
The letter sent by NCAI Task Force co-chairs Juana Majel Dixon (Pauma Band of Mission Indians, CA) and Terri Henry (Eastern Band of Cherokee Indians, NC) can be downloaded here, and highlights examples of amendments which the organization opposes:
“Amendments which place more funding in the hands of federal authorities will not address…local need. We believe strongly that local government is the best government for addressing public safety concerns. For example, an amendment is being offered today which would require that tribal governments petition a U.S. District Court for an ‘appropriately tailored protection order excluding any persons from areas within the Indian country of the tribe.’ This level of procedure for an intimately local issue is not practical and will do little to improve matters on Indian reservations. Tribal courts are the appropriate venue to issue such protection orders.
Also, tribal courts and authorities are the appropriate triers of fact for domestic violence matters conducted on Indian reservations. The federal system has proven ineffective in many respects, but none as detrimental to the backbone of a community as the area of domestic violence against Native women. Further many tribal courts operate in much the same manner as state courts, albeit with smaller dockets and lesser degrees of crime as their sister governments: state and federal courts. Also, all tribal courts are bound by the Indian Civil Rights Act, which, as amended, guarantees all of the constitutional rights non-Native defendants have in state courts.”
Additionally, NCAI’s Policy Research Center released today a new Policy Insight Brief titled, Statistics on Violence Against Native Women. The brief aims to provide detail on previously reported statistics and original sources of data used often in policy discussions, specifically focusing on the context in which the disproportional violence against Native women happens. The brief synthesizes data and provides context for critical tribal provisions of S. 47:
“From what we know about the high rates of intimate partner violence against Native women, about the fact that assaults against Native women tend to take place at private residences, about the reports from Native women of perceived perpetrator race, and about the high rates of interracial marriage and unmarried partners of Native women, it is clear that violence against Native women tends to be perpetrated by non-Native men.”
Montana SCT Holds N. Cheyenne Tribe May Bring Some Claims for Unjust Enrichment against Catholic Church
Here is the opinion in Northern Cheyenne Tribe v. Roman Catholic Church ex rel. Dioceses of Great Falls/Billings:
An excerpt:
We reverse and remand the District Court’s decision to grant summary judgment to the Diocese and St. Labre on NCT’s claim for unjust enrichment and the imposition of a constructive trust that may arise from St. Labre’s fundraising activities after 2002. The court improperly determined that NCT had to establish evidence of loss by NCT or wrongdoing by the Diocese and St. Labre in order to make out a claim for unjust enrichment. We also reverse and remand the District Court’s decision to grant summary judgment to the Diocese and St. Labre regarding St. Labre’s fundraising activities before 2002. The District Court should evaluate in the first instance the accrual date of NCT’s unjust enrichment claim pursuant to the standards set forth herein. The District Court can address on remand those defenses raised by the Diocese and St. Labre not resolved through the summary judgment proceedings. We affirm the District Court’s grant of summary judgment on all of NCT’s remaining claims.
Briefs here.
Wells Fargo Motion for TRO against Moapa Tribal Court Denied
Here are the materials in Wells Fargo Advisors v. Kolhoss (D. Nev.):
Wells Fargo Motion to Dismiss — Moapa Tribal Court [corrected]
From the federal court order:
Plaintiffs initiate this declaratory relief action seeking to declare that the tribal court lacks jurisdiction because the Tribe has waived sovereign immunity and agreed to arbitration. Plaintiffs seek an ex parte emergency temporary restraining order to enjoin the tribal court from proceeding with a hearing scheduled for February 7, 2013. However, the Court denies Plaintiffs’ Motion because (1) the Motion does not comply with Federal Rule of Civil Procedure 65 and the District of Nevada Local Rules; (2) Plaintiffs fail to demonstrate the existence of an emergency; and (3) Plaintiffs fail to demonstrate that they will suffer irreparable harm should the Court deny their Motion.
NCAI on the Nomination of Sally Jewell as Interior Secretary
NCAI Statement on the Nomination of Sally Jewell
to Serve as U.S. Secretary of the Interior
Washington, DC – Today President Obama announced his selection for the next Secretary of the Department of the Interior, nominating Sally Jewell, CEO of the outdoor company REI. The National Congress of American Indians (NCAI) released the following statement regarding the Obama Administration’s swift action to nominate a successor for Department of the Interior Secretary Ken Salazar:
“NCAI welcomes the news that the Obama Administration has moved quickly to nominate an innovative leader to continue the momentum of the Department of the Interior achieved under Secretary Salazar. Sally Jewell’s diverse experience in energy, conservation, and stewardship efforts, presents an exciting opportunity for the country and tribal nations to make great strides and continue the transformation of the Department of the Interior under this President.
As a key partner in advancing the trust relationship between the United States and tribal nations, the Secretary of the Interior is a critical component in carrying forward this trust and fulfilling the promise of a new era in U.S. – tribal relations. Over the last four years, this trust relationship has a new focus from all corners of government.
Ms. Jewell’s career indicates that, like other leaders in the Northwest, her efforts have often intersected with and supported the timeless wisdom of tribal nations in relation to natural resource issues. Her career has also included service on boards of organizations that have partnered with tribes to expand educational opportunities for Native people, develop renewable and responsible energy solutions with the private sector and government agencies, and emphasize the importance of Native cultures and languages.
We look forward to working with President Obama and the next Interior Secretary to ensure that tribal nations remain central stakeholders and governments in conserving and managing the natural resources, lands, and communities of North America.
NCAI urges the Senate to take swift action to consider this nomination so that Interior can carry on its work that is vital not only to the first Americans, but all Americans.”
You must be logged in to post a comment.