Disproportionate Minority Contact of American Indians/Alaska Natives in the Child Welfare System of Michigan: Understanding the Law and Respecting Cultural Differences
by Margaret Olesnavage, Maribeth D. Preston, Angel D. Sorrells, and Stacey M. Tadgerson
Ms. Sorrells is a true leader on increasing compliance and awareness of the Indian Child Welfare Act in Michigan, and Ms. Tadgerson is the director of Native American Affairs in the Michigan DHS.
From the Independent (U.K.) (thanks to E.D.):
It was certainly an arresting performance: the Russian world figure skating champions, clad in dark-toned bodysuits and red loincloths, performing a routine based on an Aboriginal dance. It won Oksana Domnina and Maxim Shabalin a gold medal at their national competition last month. But in Australia, Aboriginal leaders were not amused.
Russia’s Oksana Domnina and Maxim Shabalin perform their Aboriginal ice skating dance that has outraged Aboriginal leaders in Australia
Philip Bennett has posted Native Americans and Intellectual Property: The Necessity of Implementing Collective Ideals into Current United States Intellectual Property Laws on SSRN.
Here is the abstract:
Native Americans have a very distinct and historic culture. Their tribal stories, dances, etc., are often imitated in all walks of life and embody each specific tribe. While some people are merely paying homage to a different culture, others are simply appropriating this culture for their own benefit. Under the current intellectual property regime in place in the United States, Native Americans are often left without recourse against such infringers. This is mainly due to the lack of recognition of collective intellectual property rights and other features specific to Native American intellectual property. Without a change in the scope of the current intellectual property laws, Native American cultural property will continue to be appropriated in an unfair way, which would allow infringers to escape punishment. Unless a complete statutory exemption is provided for Native American cultural property that recognizes its distinct characteristics, it will continue to suffer the same results that it has throughout time.
The lesson learned, once again, is to request a permit to take eagles. Here are the materials in U.S. v. Bertucci (D. Neb.):
Devastating.
Here is the report from the Minnesota American Indian Women’s Resource Center, titled, “Shattered Hearts: The Commercial Sexual Exploitation of American Indian Women and Girls in Minnesota.”
Via Feminist Law Blog, and here and here and here.
From the Grand Forks Herald:
A district court judge has dismissed a lawsuit filed against the North Dakota State Board of Higher Education that sought to prevent the body from retiring the University of North Dakota’s controversial nickname.
Judge Michael G. Sturdevant said in his decision that he would’ve preferred otherwise, but he can see no legal reason that the state board could not change the nickname. Nevertheless, he rapped the board for its failure to fight hard to keep the Fighting Sioux nickname.
The higher education board had earlier set an Oct. 31 deadline for both Sioux tribes in the state to approve the nickname and, at its last meeting in November, did not extend the deadline. Because of the litigation, though, the board never formally instructed UND to retire the nickname.
Nickname supporters in the Spirit Lake Dakotah Nation, which approved the nickname by a 67 percent vote, sued shortly before the November meeting seeking to buy time for members of the Standing Rock Sioux Tribe to rally for a similar vote.
From Findlaw:
 |
The Fight Over the Redskins Trademark and Other Racialized Symbols |
| By SONIA K. KATYAL |
|
| Monday, December 7, 2009 |
A few weeks ago, the Supreme Court declined to hear a case involving the trademark for the Washington Redskins. That decision left in place a lower court ruling stating that the plaintiffs had waited too long to bring a case for trademark cancellation – thus triggering the doctrine of laches, under which suits brought too late are barred. Around the same time, a federal judge in North Dakota prohibited the State Board of Education from immediately retiring the Fighting Sioux moniker of the University of North Dakota.
But neither controversy is truly over, and the underlying issue of racialized representations is likely to be discussed and litigated for years to come. With respect to the Washington Redskins, a different set of plaintiffs – and an entirely new case, filed in August 2006 – is waiting in the wings to challenge the trademark on the grounds of its disparaging content. In the UND case, the judge imposed a temporary restraining order on the ground that the state board could not unilaterally alter the deadline without ensuring the tribes’ participation. A new hearing has been set.
The Tenth Circuit briefing in United States v. Wilgus is complete:
Here is the opinion — Brown v State of Hawaii (D. Haw.)
An excerpt:
Plaintiff should be commended for bringing his NAGPRA claim. As the State Defendants’ counsel acknowledged in his opening statement, the claim effectively brought certain issues of noncompliance to light. See 10/21/09 Tr. 96:17-22 (St.’ Defs.’ Counsel) (“In a very perverse way, my client has to thank Mr. Brown for bringing this case. Because although SHPD had been under the belief and understanding that NAGPRA did not apply to it, unless there was a finding on federal or tribal lands, there apparently is a dispute as to whether or not that is an accurate interpretation of the law.”). It appears that, as a direct result of this litigation, SHPD has initiated consultation with the National NAGPRA Program in an effort to come into compliance with the [*26] statute. Nevertheless, the Court may only issue permanent injunctive relief upon a proper showing. See Reno Air Racing Ass’n, 452 F.3d at 1137 n.10. Based on the evidence presented at trial, the Court finds that Plaintiff has not established that injunctive relief is appropriately issued in his favor at this time because he has failed to show that he has suffered irreparable harm or that he will likely suffer such harm immediately in the absence of injunctive relief. See id.
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