Author: Matthew L.M. Fletcher
Chehalis Tribal Housing Authority Legal Services RFP
Here:
130206.CTHA.RFP.Legal Services
CFP: The Public Historian Seeks Papers on Historians as Experts in Natural Resources Cases (incl. Indian Law)
THE PUBLIC HISTORIAN invites proposals for articles to be published in a special issue of the journal that examines the historian as expert witness in the adjudication of natural resources in North America, including but not limited to issues surrounding property, water, and mineral rights. Proposals that discuss issues and problems of historical consulting and expert witness testimony across North America (Native American/First Nations, Canada, United States, Mexico) are especially encouraged. For example, a proposed essay might address the nature and scope of your work as a consultant and expert witness, contextualize your recruitment to particular cases, evaluate aspects of your work (deposition, trial testimony, research, and consultation), consider a body of work generated by particular litigation, examine judicial criteria for determining historical expertise on a given subject, identify and evaluate the tensions or challenges of presenting your expertise in litigation, or critically analyze the substance and effect of historical expert witness work on your discipline. Proposals for alternative formats, such as conversations among experts in one field or with attorneys or judges on the claims, composition, and effects of historical expertise on a particular case, will also be welcome. Proposals, which should be no longer than one double-spaced page, should be submitted to The Public Historian at scase@history.ucsb.edu. Deadline for submission is March 1, 2013. Selected authors will be notified by April 1, 2013. Articles will be due by August 1, 2013 and subject to peer review. Publication of the special issue of The Public Historian is expected in 2014 (Volume 36).
| Sarah Case Managing Editor, The Public Historian Department of History, Mail Code 9410 University of California, Santa Barbara 93106-9410 scase@history.ucsb.edu 805-893-3667 Email: scase@history.ucsb.edu |
Another New Book from MSU Press (Makwa Enewed): Winona LaDuke’s “The Militarization of Indian Country”
Website here.
The Militarization of Indian Country
Winona LaDuke
When it was recently revealed that U.S. Navy Seals had codenamed Osama bin Laden “Geronimo,” members of the Native American community were insulted that a Native patriot’s name had been used as a moniker for the most wanted terrorist in the world. As Winona LaDuke’s newest book demonstrates, the appropriation of Native names and imagery by the U.S. military is nothing new, from Blackhawk and Kiowa helicopters to “Shock and Awe” campaigns, a reference to the Wounded Knee Massacre. From their use of Native names to the outright poisoning of Native peoples for testing, the U.S. military’s impact on Indian Country has a long and troubled history and is, as evidenced by recent events, ongoing. LaDuke’s stirring book delves into the present and past of the U.S. military, as well as America’s fascination with Native Americans and their culture. The book examines decades of nuclear testing, weapons testing, chemical weapons storage, and bombing of Native American lands. The author also discusses the cultural change in Native communities associated with militarization and the fact that Native America has the highest proportion of living veterans as well as the highest levels of enlistment.
Forthcoming in 2013. Contents will be available soon.
With Sean Aaron Cruz
New Book from MSU Press: Centering Anishinaabeg Studies
Website here. 
Centering Anishinaabeg Studies
Understanding the World through Stories
Edited by
Jill Doerfler
Niigaanwewidam James Sinclair
Heidi Kiiwetinepinesiik Stark
For the Anishinaabeg people, who span a vast geographic region from the Great Lakes to the Plains and beyond, stories are vessels of knowledge. They are bagijiganan, offerings of the possibilities within Anishinaabeg life. Existing along a broad narrative spectrum, from aadizookaanag (traditional or sacred narratives) to dibaajimowinan (histories and news)—as well as everything in between—storytelling is one of the central practices and methods of individual and community existence. Stories create and understand, survive and endure, revitalize and persist. They honor the past, recognize the present, and provide visions of the future. In remembering, (re)making, and (re)writing stories, Anishinaabeg storytellers have forged a well-traveled path of agency, resistance, and resurgence. Respecting this tradition, this groundbreaking anthology features twenty-four contributors who utilize creative and critical approaches to propose that this people’s stories carry dynamic answers to questions posed within Anishinaabeg communities, nations, and the world at large. Examining a range of stories and storytellers across time and space, each contributor explores how narratives form a cultural, political, and historical foundation for Anishinaabeg Studies. Written by Anishinaabeg and non-Anishinaabeg scholars, storytellers, and activists, these essays draw upon the power of cultural expression to illustrate active and ongoing senses of Anishinaabeg life. They are new and dynamic bagijiganan, revealing a viable and sustainable center for Anishinaabeg Studies, what it has been, what it is, what it can be.
“Centering Anishinaabeg Studies is a path-breaking book that features fascinating contributions from many of the finest scholars working in the field today. Ranging widely across methodological perspectives and the breadth of the Anishinaabe world, this book is indispensible for the field and a model for future work in Indigenous Studies.”
—Jean M. O’Brien, University of Minnesota
Available February 2013.
American Indian Studies Series
World rights; for sales to Canada, contact University of Manitoba Press
436 pp., 6.00″ x 9.00″, February 2013
Paper, $29.95,
NICWA to Host Webinar on Adoptive Couple v. Baby Girl
Date: Wednesday, February 13, 2013
Time: 11 a.m. Pacific / 2 p.m. Eastern
Presenter: Adrian Smith, JD, MSW, NICWA government affairs associate
The U.S. Supreme Court will soon hear the case Adoptive Couple v. Baby Girl, a South Carolina adoption case involving the Indian Child Welfare Act. This high profile and emotionally charged case has garnered significant attention in the past year. Oral arguments are expected to occur in late April, and a decision announced shortly thereafter.
The National Indian Child Welfare Association will host a webinar for those interested in learning:
- What are the background and facts of the case?
- What are the questions before the U.S. Supreme Court?
- What possible implications will this case have on Indian Country?
- What is being done nationally in preparation for this hearing?
This free webinar is open to all. Register here.
Hat tip to NILL’s blog.
New Mexico Court of Appeals Reinstates Zuni Tribe Right to Challenge Land Use Decision
Here is the opinion in Zuni Indian Tribe v. McKinley Co. Bd. of Co. Comm’rs.
An excerpt:
The New Mexico Subdivision Act (the Act), NMSA 1978, §§ 47-6-1 to -29 (1973, as amended through 2009), governs the subdivision review and approval process by counties. The appeals provision of the Act, Section 47-6-15(B), provides that a party adversely affected “by a decision of the board of county commissioners may appeal to the district court pursuant to the provisions of [NMSA 1978, §] 39-3-1.1 [(1999)]”—the statute governing administrative appeals. In this case, we address whether a county’s approval or disapproval of a preliminary subdivision plat application constitutes a final, appealable decision for purposes of Section 47-6-15(B) of the Act. We also decide whether a timely filed appeal from a decision on a preliminary plat application is rendered moot simply because the county proceeded to approve the final plat application during the pendency of the appeal.

Congressional Research Service Lists Recess Appointments Possibly Affected by D.C. Circuit Ruling
Here is the CRS report., via the NYTs. Here is Canning v. NLRB.
Indian law related (loosely speaking) appointments include:
Tadd Johnson
Chairperson, National Indian Gaming Commission
08/29/97
Montie R. Deer
Chair, National Indian Gaming Commission
11/13/98
Donald L. Fixico
Member, National Council on the Humanities
12/29/00
Sue Ellen Wooldridge
Solicitor, Department of the Interior
05/28/04
Peter Schaumber
Member, National Labor Relations Board
08/31/05
NPR: South Dakota Tribal ICW Directors’ Studies on State’s Incredible Lack of Compliance with the Indian Child Welfare Act
An excerpt:
South Dakota’s Indian Child Welfare Act (ICWA) directors have issued two reports to Congress: “Reviewing the Facts: An Assessment of the Accuracy of NPR’s ‘Native Foster Care – Lost Children, Shattered Families,’” and “Is South Dakota Over-Prescribing Drugs to Native American Foster Kids?” The first of these reports cites evidence that South Dakota’s Department of Social Services (DSS) is placing 87% of Indian children into non-Indian homes or group care, even while anywhere from 20-43% of licensed Native American foster homes in the state sit empty. This, according to the authors of the report, is in clear violation of the federal ICWA law which requires states to keep Native foster children with their extended families and tribes whenever possible. The study also affirms NPR’s assessment that the state’s ICWA violations are partly motivated by the tens of millions of federal dollars that South Dakota receives for placements of Native children each year.
Andrew Cohen on SCT Voting Rights Case Amicus Briefs (and the Navajo Amicus Brief)
Here. An excerpt:
We tend to think of the mission of the Voting Rights Act as focusing exclusively upon the plight of black Americans. But the federal statute has been a grace note to Hispanic organizations and American Indians as well. National Latino groups filed a powerful brief with the justices. And the Navajo Nation filed an amicus brief in this case, and it is poignant for its reminder that while white Americans were discriminating against black Americans they also were discriminating against Native Americans. The Navajo Nation writes:
Indian people have endured a century of discrimination and overcome new obstacles each generation in order to exercise the right to vote in state and federal elections. Nowhere have these struggles been more prevalent than in the Section 5 covered jurisdictions of Apache, Navajo and Coconino Counties in Arizona the home of the Navajo Nation and Todd and Shannon Counties in South Dakota the home of the Rosebud and Oglala Sioux. The amici curiae file this brief to elucidate the importance that the Voting Rights Act and, in particular, Section 5 preclearance, has had in overcoming the purposeful efforts to disenfranchise Indian voters.
While passage of the Voting Rights Act in 1965 ended certain means of discrimination, Indians continued to be denied the right to vote through a variety of new strategies. As part of the 2006 reauthorization process, Congress obtained evidence that Indians continued to be disenfranchised by voting schemes, polling place discrimination and ineffective language assistance. The 2006 reauthorization was a legitimate Congressional response to the disenfranchisement. Protected by the Section 5 preclearance, voter registration and turnout have increased, but new challenges have arisen that require continued vigilance.
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