cultural resources

NPR on the Olympics and First Nations

Matthew L.M. Fletcher1 Comment

From NPR (article, transcript, and audio) (H.T. to A.K.):

And organizers of the Winter Olympics have made a big deal about including Canada’s Indians. Four native groups in the Vancouver area are official co-hosts, and native art is the basis for a lot of this year’s Olympic merchandising. But as NPR’s Martin Kaste reports, some native people accuse their leaders of selling out.

MARTIN KASTE: Last week, a small crowd of Canadian natives gathered in Vancouver to watch a bubble inflate.

Unidentified Group: Three, two, one.

Unidentified Man: (Singing in foreign language)

KASTE: This inflatable dome is the Aboriginal Pavilion, a showcase for native arts and culture located on prime Olympic real estate, just a couple of blocks from the hockey arena.

Tewanee Joseph is a member of the Squamish nation. His people have land in and around the city of Vancouver. And from the start, he says, they’ve insisted on being full partners in the Vancouver Games.

Mr. TEWANEE JOSEPH (CEO, Four Host First Nations Society): Our chief said, we’re not going to be just brought out for beads and feathers. This has to be meaningful participation.

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Geronimo Skull Case Update

Matthew L.M. Fletcher1 Comment

Not much going on in this lawsuit, but here’s the update:

Fort Sill Motion to Intervene

Plaintiff Opposition to Fort Sill Motion

Federal Motion to Dismiss Geronimo Complaint

The parties are awaiting the court’s decision on the motion to intervene.

The complaint is here.

Kellogg Foundation Contributes $1.4 Million to Preserve Montana’s Indigenous Cultures

Matthew L.M. Fletcher

From PND:

The W.K. Kellogg Foundation has awarded a three-year, $1.4 million grant to Salish Kootenai College educator Julie Cajune to create classroom materials focused on preserving Montana’s Indian history and culture, Char-Koosta News reports.

With the grant, Cajune plans to make a film that focuses on the cultural sovereignty of Native tribes and create a “parallel history” that discusses American-Indian historical events and contributions on the timeline commonly taught in U.S. history classes. In addition, Cajune will prepare a children’s book, illustrated calendar book, and seminars and workshops for teachers.

Cajune was recently named one of the “fifty visionaries who are changing the world” by the UTNE Reader for her efforts to gather histories of the twelve recognized tribes in Montana as part of the state’s Indian Education for All Act. Although Montana passed the legislation in 1999, it did not approve adequate funding to enact it in school districts across the state until 2005. Since then, Cajune has partnered with Indian Law clinic professors and tribal attorneys and historians to preserve American-Indian histories.

“As an Indian person, it’s time the United States engages in truth-telling of its own history,” said Cajune. “Even in the higher education sector the Indian history is distorted; it’s shameful.”

Upham, Lailani. “Julie Cajune Awarded Grant to Preserve Indigenous Cultures.” Char-Koosta News 2/04/10.

California Appellate Court Decides ICWA Notice Case — Parents Cannot Waive ICWA Inquiry Requirements

Matthew L.M. Fletcher

Interesting, since the parents were the ones who failed to bring it up first.

Here’s the opinion — In re Noreen G.

Michigan Bar Journal Special Indian Law Issue — UPDATED!

Matthew L.M. Fletcher2 Comments

Here:

State Court Administrative Office – Court Improvement Program: Indian Child Welfare Act Forum Remarks, October 6, 2008
by Justice Michael F. Cavanagh

Indian Children and Termination of Parental Rights: Michigan Supreme Court Takes a Step in the Right Direction in In Re Lee
by Angel Sorrells, Cami Fraser, Thomas Myers, and Aaron Allen

Proceed with Prudence: Advising Clients Doing Business in Indian Country
by R. Lance Boldrey and Jason Hanselman

Indian Gaming and Tribal Self-Determination: Reconsidering the 1993 Tribal-State Gaming Compacts
by Zeke Fletcher

Indian Country Law Enforcement and Cooperative Public Safety Agreements
by Matthew L. M. Fletcher, Kathryn E. Fort, and Wenona T. Singel

And I completely missed this article in the same issue (many apologies to the authors!):

In the Law: Keeping Current with American Indian Legal Resources
 by Jan Bissett and Margi Heinen

Kansas Supreme Court Decides ICWA Expert Witness Case

Matthew L.M. Fletcher1 Comment

Here is the opinion in In re M.F. This court is continuing its good work in requiring trial court compliance with ICWA.

An excerpt:

[W]e affirm the Court of Appeals, concluding that the ICWA heightens the requirements for an expert’s qualifications beyond those normally required in a proceeding governed solely by state statutes. We further hold that Kansas district courts should consider the legislative history of the ICWA and the Department of the Interior, Bureau of Indian Affairs Guidelines for State Courts; Indian Child Custody Proceedings, 44 Fed. Reg. 67,584 (1979), in determining if a witness meets the heightened standard. In this case, there was no evidence that the two social workers who testified were members of the child’s tribe, had substantial experience in the delivery of child and family services to Indians, had extensive knowledge of prevailing social and cultural standards and childrearing practices within the child’s tribe, or had substantial education and experience in the area of social work. Thus, the witnesses were not qualified expert witnesses under the ICWA, and there was no expert testimony to support the district court’s decision as required by the ICWA. Because this error is not harmless, we reverse and remand for new proceedings.

Angela Riley NYTs Op/Ed on “Twilight” and the Quileute: “Sucking the Quileute Dry”

Matthew L.M. Fletcher1 Comment

From the NYTs:

ALL the world, it seems, has been bitten by “Twilight.” Conservative estimates place revenue generated from Stephenie Meyer’s vampire chronicles — the books, movies and merchandise — in the billion-dollar range. Scarcely mentioned, however, is the effect that “Twilight” has had on the tiny Quileute Nation, situated on a postage stamp of a reservation, just one square mile, in remote La Push, Wash.

To millions of “Twilight” fans, the Quileute are Indians whose (fictional) ancient treaty transforms young males of the tribe into vampire-fighting wolves. To the nearly 700 remaining Quileute Indians, “Twilight” is the reason they are suddenly drawing extraordinary attention from the outside — while they themselves remain largely excluded from the vampire series’ vast commercial empire.

Just last month, MSN.com issued an apology to the Quileute for intruding on its territory while videotaping a “Twilight” virtual tour in September. MSN.com sought permission from the Chamber of Commerce in nearby Forks, Wash., but didn’t pay the same courtesy to the Quileute. The video team trespassed onto a reservation cemetery and taped Quileute graves, including those of esteemed tribal leaders. These images were then set to macabre music and, in November, posted on MSN.com. The tribe quickly persuaded MSN.com to remove the Quileute images.

But this was only one episode in the story of the tribe’s phenomenal, and apparently increasing, new fame. “Twilight” has made all things Quileute wildly popular: Nordstrom.com sells items from Quileute hoodies to charms bearing a supposed Quileute werewolf tattoo. And a tour company hauls busloads of fans onto the Quileute reservation daily. Yet the tribe has received no payment for this commercial activity. Meanwhile, half of Quileute families still live in poverty.

It’s important to point out that the outside uses of the Quileute name, from the “Twilight” books to the tattoo jewelry, are quite likely legal. American intellectual property laws, except in very specific circumstances, do not protect indigenous peoples’ collective cultural property.

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Michigan Court of Appeals Upholds Termination of Indian Parent’s Rights

Matthew L.M. Fletcher

Here is the opinion in In re Miller.

An excerpt:

Respondent was a member of an Indian tribe, and before termination of her parental rights could be ordered, the court was required to find evidence beyond a reasonable doubt that continued custody of the child by respondent was likely to result in serious emotional or physical harm to the child under the Indian Child Welfare Act, 25 USC 1912(f). Expert testimony was presented that respondent’s conduct violated the norms and customs of the Chippewa Tribe and that continued custody was likely to result in serious emotional harm to the child. Accordingly, the court did not clearly err in finding that termination was in the best interest of the child.

Indian Arts and Crafts Act Claims Dismissed on Personal Jurisdiction Grounds

Matthew L.M. Fletcher

Here is the opinion — Native American Arts v Contract Specialites — Sunburst Cos.

An excerpt:

The problem, for purposes of jurisdiction, is that NAA only made conclusory allegations that Sunburst’s products arc purchased in Illinois. (Compl. P 4.) Although this may be sufficient if left unchallenged, Sunburst submitted an affidavit, stating that it has never purposefully directed advertising to Illinois and that none of its eight Illinois customers (with the exception of NAA) has ever purchased goods of the type at issue in this suit. (Guarino Aff. PP 13, 14.) NAA did not attempt to refute that evidence. Therefore, the Court does not view this as a genuine factual dispute that warrants an evidentiary hearing. Cf. Hyatt, 302 F.3d at 713 (stating that evidentiary hearing would be necessary to resolve disputed matcrial facts relevant to jurisdiction). Because NAA also alleges that Sunburst sells products in the “traditional Indian style” throughout the United States, the absence of sales in Illinois does not doom NAA’s claim. It does, however, doom NAA’s assertion of personal jurisdiction over Sunburst.

Ziibiwing Changing Exhibit Opening Saturday

Matthew L.M. Fletcher

The Dr. Mike and Linda Shinkle Collection: People of the Turtle

The Ziibiwing Center of Anishinabe Culture & Lifeways will premiere a new changing exhibition, “The Dr. Mike and Linda Shinkle Collection: People of the Turtle,” on Saturday, January 30, 2010. The Ribbon-Cutting Ceremony to open the exhibition will take place at 12pm. This exhibition will run January 30 – August 7, 2010.

“The Dr. Mike and Linda Shinkle Collection: People of the Turtle” began as an effort to pay tribute to the Eastern Woodland Indian Tribes at a new cultural center in Muncie, Indiana, called Minnetrista. To honor these great people, the founders of Minnetrista which include Dr. Mike and Linda Shinkle of Morton, Illinois, and several Woodland tribal leaders were assembled in an effort to communicate the culture and history of the first people of the land and their story of survival and growth. This consortium of Eastern Woodland tribes and Nations became known as the Minnetrista Council for Great Lakes Native American Studies (MCGLNAS). Continue reading →