Here.
Useful site, especially the Media Fact Check Matrix.
National Indian Child Welfare Association Resources on Baby Veronica Case
Here.
Useful site, especially the Media Fact Check Matrix.
Author: Matthew L.M. Fletcher
Colville Tribal Court of Appeals Arguments at Gonzaga Law on Jan. 25
COLVILLE TRIBAL COURT OF APPEALS TO HEAR CASE JAN. 25 AT GONZAGA UNIVERSITY SCHOOL OF LAW
Oral Arguments in Barbieri Courtroom Open to Public
SPOKANE, Wash. – The Colville Tribal Court of Appeals will hear oral arguments at Gonzaga University School of Law’s Barbieri Courtroom at 10 a.m., Friday, Jan. 25. The hearing, which is open to the public, is part of Gonzaga Law School’s Centennial celebration. The panel will ask if the lower tribal court abused the power of discretion in blocking further prosecution of a dismissed case. The Law School is located at 721 N. Cincinnati St.
All three of the justices presiding in this case are Gonzaga Law School alumni.
“The chance to see the highest court of the Confederated Colville Tribes in action is a unique one for both our students and the community,” said Gonzaga Law School Dean Jane Korn. “All of our students learn about the state and federal courts, but this is an incredible opportunity for them to see a tribal court of appeals in action and to learn from that experience.” The Barbieri Courtroom displays the bronze seals of nine regional tribes. The seals were installed in 2004 to honor Gonzaga’s relationships with the sovereign Native American tribes, each with its own legal and judicial system.
The case being heard, Colville Confederated Tribes v. G. Stensgar / C. Signor (case No. AP12-007/008), addresses an issue of the discretionary power of a judge when a complaint is not filed within 72 hours of arrest.
In two separate cases, defendants were arrested, cited, and appeared in court as they promised when posting bail. The prosecutor, who did not receive documents from the jail, was not prepared to proceed. The judge dismissed the case “with prejudice,” which means the prosecutor would not be allowed to prosecute the defendants for those crimes at a later date. The prosecutor’s office appealed the decision, arguing the decision, which blocks the cases from further prosecution, was an abuse of the court’s discretionary power.
The Colville Tribal Court of Appeals has been in existence for more than 50 years. In 1995, the court became a constitutionally separate branch of the Colville Tribal government and is the highest court for issues of Colville Tribal law. The court hears between 15 and 25 appeals from the lower courts each year.
The Court of Appeals last visited Gonzaga Law School in February of 2009 for an “en banc” panel (a case heard in front of all justices of the court) in a criminal case.
This year marks Gonzaga Law School’s Centennial and Gonzaga University’s 125th anniversary. Many events are planned throughout the year to mark the anniversaries. More information can be found at www.gonzaga.edu/125.
For more information, please contact Andrea Parrish, digital media specialist at Gonzaga Law School at (509) 313-3771 or via e-mail [aparrish@lawschool.gonzaga.edu] or Jane Smith, Administrator and Law Clerk of the Court, at (509) 634-2507 or via email [Jane.Smith@colvilletribes.com]
Saginaw Chippewa Indian Tribe Supports Idle No More
Press release:
Tribal council resolution:
From the press release:
The Saginaw Chippewa Indian Tribe of Michigan has planned a Flash Mob Round Dance for Friday, January 11, 2013, at 1 p.m. on the comers of Broadway and Main streets in Downtown Mt. Pleasant, Michigan, in conjunction with peaceful demonstrations entitled Idle No More.
New Scholarship on the Commission on State-Tribal Relations — HIGHLY RECOMMENDED
Tassie Hanna, Sam Deloria, and Charles E. Trimble have published “The Commission on State-Tribal Relations: Enduring Lessons in the Modern State-Tribal Relationship” (PDF: CSTR article final) in the Tulsa Law Review.
An excerpt:
Forty years ago the relationship between states and tribes was primarily adversarial, both in perception and practice. Leaders of both state and tribal governments looked to the courts or Congress to define it in their favor, until events led to the creation of the Commission on State-Tribal Relations (“CSTR”) and the evolution of a different approach. The CSTR was the first organized national attempt to study the state-tribal relationship, and the principles it developed are still relevant to successful interactions of Indian and non-Indian governments. This article, written by the founders of the Commission on State-Tribal Relations, traces the historical development of a new approach to state-tribal relations in the 1970’s, during a time of heightened tension between state and tribal governments.
This is an absolute must-read for anyone working on the ground in Indian country right now, and certainly any student that wants to work in Indian affairs. Tassie, Sam, and Chuck all but invented the field of intergovernmental agreements between Indian tribes, states, local units of government, and the feds. In the 1970s, negotiating between governments with long histories of animosity was much more difficult than it is now. But even in many areas of Indian country — I’m looking at you South Dakota — intergovernmental negotiations remain difficult. This paper will be useful in returning to first principles.
Opening Second Circuit Brief in Appeal of Cayuga Immunity from Tax Foreclosure
Split Alaska SCT Decides ICWA Active Efforts/Parental Rights Termination Case
Here is the opinion in Thea G. v. State, Dept. of Health & Social Services, Office of Children’s Services.
The affected tribe is Native Village of Kotzebue.
Current Washington Law Review Features Several Indian Law Articles
Here.
A list:
Negotiating Jurisdiction: Retroceding State Authority over Indian Country Granted by Public Law 280
Robert T. Anderson
87 Wash.L.Rev. 915
Inextricably Political: Race, Membership, and Tribal Sovereignty
Sarah Krakoff
87 Wash.L.Rev. 1041
Indigenous Peoples and Epistemic Injustice: Science, Ethics, and Human Rights
Rebecca Tsosie
87 Wash.L.Rev. 1133
Fleeing East from Indian Country: State v. Eriksen and Tribal Inherent Sovereign Authority to Continue Cross-Jurisdictional Fresh Pursuit
Kevin Naud, Jr.
87 Wash.L.Rev. 1251
And a special treat (for me at least), an article by my legendary criminal law and criminal procedure prof:
The Rise, Decline, and Fall (?) of Miranda
Yale Kamisar
87 Wash.L.Rev. 965
EPA Initiating Public Comment on the Working Draft of the EPA Policy on Environmental Justice for Tribes and Indigenous Peoples: January 8 – February 15, 2013
The US EPA is seeking public comment on the Working Draft of the EPA Policy on Environmental Justice for Tribes and Indigenous Peoples. The Public Comment Period is from January 8 – February 15, 2013. A copy of the Working Draft and the Notification of Public Comment are attached. This information will also be made available on OEJ’s Website, http://www.epa.gov/environmentaljustice/indigenous/index.html, and sent out on the EJ Listserv.
Policy-on-EJ-for-Tribes-and-Indigenous Peoples – Working Draft – Nov 142012
Public Comment Notification – Working Draft
Three national webinars have been scheduled to discuss the Policy: Continue reading
ALT Coverage of Federal Indictments related to Blackfeet Nation Moose Hunt
Eighth Circuit Affirms Kickbacks Conviction of Duane Big Eagle, former Crow Creek Sioux Chair
Here are the materials in United States v. Big Eagle:
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