cultural resources – Page 128

Supreme Court Denies Cert in Harjo and Elliott

November 16, 2009November 16, 2009Matthew L.M. Fletcher

The order list is here, with the Harjo and Elliott cases listed on page 3.

Neither decision is a big surprise, as the Court grants cert in only a small percentage of cert petitions. The trademark suit against the Redskins will continue through different plaintiffs, but the laches argument that served to defeat the Harjo plaintiffs applies with virtually equal force to the new plaintiffs. (AP article here).

The Elliott case is a welcome relief, given that the Court seems to grant cert petitions filed by non-Indians against tribal jurisdiction almost randomly. Here, one suspects the fact that the Ninth Circuit merely was remanding to tribal court for a decision on the merits may have some importance, but the Court has previously granted cert in cases prior to a tribal court decision on the merits (see Strate). The takeaway from the Elliott cert petition denial is simply that one must continue to assume the Court continues to look at tribal jurisdiction cases carefully, but makes its certiorari decisions based on some utterly random calculus.

We surely would love to know if Justice Sotomayor weighed in on these cases in any way, and if so, how.

NYTS on the NMAI’s Horse Culture Exhibit

November 13, 2009Matthew L.M. Fletcher

From the NYTs:

When Christopher Columbus first came to America, there were no natives on horseback to greet him. That is not only because he landed on an island in the Bahamas. It’s also because there were no horses in the New World. They originated here 40 million years ago and spread to other parts of the globe, but by 1492 horses had been extinct in the Western Hemisphere for 10,000 years. On his second trans-Atlantic voyage, in 1493, Columbus brought along 25 horses and reintroduced the species to America. Many more were brought later by French, English and Dutch colonizers.

This is just one remarkable piece of information to be gleaned from “A Song for the Horse Nation,” an exhibition of 98 artifacts relating to native horse cultures, opening on Saturday at the Smithsonian National Museum of the American Indian in Lower Manhattan. Including saddles, riding blankets, clothing and beaded bags adorned with equine imagery and much more, the exhibition brings to light a fascinating and ultimately sad chapter in American history.

Organized by Emil Her Many Horses, a curator at the museum, the show presents most of the artifacts, all from the Smithsonian’s collection, that were pictured in a small paperback of the same title published in 2006 (by the museum and Fulcrum Publishing). In his introduction the historian Herman J. Viola, a curator emeritus of the Smithsonian’s National Museum of Natural History, tells of the rise and fall of American Indian horse culture, which thrived for only about 100 years.

As Mr. Viola explains, scholars now believe that horses began to proliferate among Indians in the West after Spaniards in Sante Fe fled a Pueblo uprising in 1680, leaving behind hundreds of horses and other animals. At first the Indians were frightened and mystified by the large and unfamiliar creatures. They called it names like Big Dog and Big Elk. But by the time of the French and Indian War (1754-63), Plains Indians were among the world’s best horsemen. A century or so later, their horse culture was dead, a victim, as Mr. Viola put it, of “too many white people and too few buffalo.”

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UND Getting Closer to Recognizing Inevitable Name/Logo Change

November 4, 2009Matthew L.M. Fletcher

But oh so slowly….

From TV:

Bismarck, N.D. (AP) The chairman ofNorth Dakota‘s Board of Highereducation says it appears more likely that the University of North Dakota’s Fighting Sioux nickname and logo will be changed.

Richie Smith is responding today to a letter from Standing Rock Sioux tribal chairman Charles Murphy.

The board wants the nickname issue resolved by the end of this month. Murphy’s letter says the nickname and logo issue isn’t a big priority for his administration.

Murphy also questions the board’s demand for a 30-year agreement to allow U-N-D to use the nickname and logo. He says the tribe is willing to discuss the issue “without deadlines and without stipulations.” Smith says board members want to get the issue resolved. Board member Grant Shaft says he doesn’t think there’s much willingness to extend a decision deadline beyond Dec. 31.

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Univ. of Michigan Finally to Review Repatriation Policy

October 17, 2009Matthew L.M. Fletcher1 Comment

From CBS via Pechanga:

Facing criticism for still holding the remains of about 1,400 Native Americans in its archaeological collection, the University of Michigan will be reviewing its policies on how to properly deal with Indian bones and artifacts.

A committee charged with looking at the legal, ethical and scientific concerns involved will meet for the first time next week and “will hear all sides of the story,” said Stephen Forrest, vice president for research at the Ann Arbor school.

“We want to have a very balanced approach,” he said Friday. “We are actively seeking to understand all the aspects of the problem.”

At issue is the conflicting interests of researchers and museums in studying and teaching about earlier human cultures and that of native peoples to have their religions and ancestral remains respected.

Under the Native American Graves Protection and Repatriation Act passed by Congress in 1990, federally supported institutions must catalog the remains and burial items they hold and return them, when requested, to groups that have a “cultural affiliation” to them. Continue reading →

NYTs on New Age Sweat Lodge Deaths

October 12, 2009Matthew L.M. Fletcher1 Comment

From the NYTs:

SEDONA, Ariz. — Tucked into stunning red rock formations and canyons punctuated with splashes of green junipers, this town of about 11,500 has long been a high-end golf and tennis resort, the choice location for second homes of the well-to-do and a favorite destination for hikers, rock climbers, cyclists and sightseers.

It has also become world-renowned as a New Age metaphysical center, attracting seekers and followers of an assortment of spiritual pathways, many of whom believe healing energy is released from “vortexes” that are said to be scattered among the rock formations.

Scores of self-proclaimed mystics, healers, channelers of past life experiences (and aliens), sacred touch massage therapists, wind whisperers and vision quest guides offer their services, often for a hefty price. Many of these spiritual pathways are based somewhat loosely around Native American traditions, including the ceremonial sweat lodge.

But the deaths of two people in a sweat lodge last week at Angel Valley, a New Age spiritual retreat about six miles south of West Sedona, is causing more soul-searching among New Age practitioners and concern among town leaders.

“We are severely impacted by the fact that this happened,” said Sedona’s mayor, Rob Adams. “We need to get to the bottom of what happened.” Continue reading →

House Resources Committee Hearing on NAGPRA

October 8, 2009Matthew L.M. Fletcher

The video is here.

At about the 15 minute mark, Rep. Kildee discusses the Flint dig and the Saginaw Chippewa Indian Tribe’s involvement.

Miigwetch to A.K.

Michigan Indian Day is TOMORROW!

September 24, 2009Matthew L.M. Fletcher

Registration materials are here.

Here is the agenda:

Morning keynote:

9:15-10:30 AM — Historical Context of Boarding School Experiences & the Reverberation to Subsequent Generations

—Suzanne Cross, PhD

10:45 AM-Noon — S-1 — Intra & Inter Generational Effects of Boarding School Experiences: From the Voices of Native Women

—Le Anne Silvey, PhD, MSW

10:45 AM-Noon — S-2 — Intergenerational Trauma: Recognizing & Treating Grief & Loss in American Indian/First Nations College Students

—J. Tawa Sina, PhD

10:45 AM-Noon — S-3 — Boarding Schools & Scholarship: Considerations in Research

—James M. McClurken & Veronica Pasfield

10:45 AM-Noon — S-4 — Traditional Approaches to Prevention of Stress, Diabetes & Heart Disease

—Reddog Sina, DO, PhD

1:30-2:45 PM — S-7 — Healing the Hidden Scars: Coping with the After Effects of Historical Abuse

—Susan M. Montroy, MSW/LMSW

1:30-2:45 PM — S-8 — The Role of Language in the Revitalization of Identity Formation

—Helen Roy, Adam Haviland, and Autumn Ellie Mitchell

1:30-2:45 PM — S-9 — Substance Abuse Prevention & Treatment

—Cheryl Samuels, PhD

1:30-2:45 PM — S-10 — Elders’ Discussant Session: Historical Trauma, Boarding School Food Socialization, Intergeneration Eating Habits & Health

—Heather Howard, PhD

Afternoon keynote:

3:00-4:15 PM — Healing the Wounds: Historical Trauma & Urban Health Disparities

—Jerilyn Church and Josette French, MD

NYTs: No Prison for Theft of Indian Artifacts

September 17, 2009September 17, 2009Matthew L.M. Fletcher2 Comments

“Culturally accepted pastime”?!?!

From the NYTs:

SALT LAKE CITY (AP) — A defendant in the sweeping federal prosecution of theft and illegal trafficking of American Indian artifacts received leniency Wednesday when a judge rejected the government’s request for imprisonment.

Prosecutors sought a minimum 18 months in prison for the defendant, Jeanne Redd, who instead got three years of probation and a $2,000 fine for her conviction on seven felony counts of plundering artifacts from tribal and federal lands. Ms. Redd, 59, pleaded guilty in July and surrendered 812 boxes of artifacts.

The judge, Clark Waddoups of Federal District Court here, also sentenced Ms. Redd’s 37-year-old daughter, Jericca Redd, to two years of probation on three similar felony counts. She was not fined.

The women, of Blanding, Utah, were the first to plead guilty among more than two dozen defendants caught up in a two-and-a-half-year sting operation. They were also the first to be sentenced.

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Federal Seizures of Indian Art Puts Damper on Indian Market

August 19, 2009August 19, 2009Matthew L.M. Fletcher1 Comment

From the Denver Post (H/T M.C.):

SANTA FE, N.M.—An intensifying federal investigation into the sale of Native American artifacts has brought fear and uncertainty to one of the nation’s largest and longest-running Indian artifact shows.

Wealthy collectors are more cautious about buying artifacts for fear of criminal liability, and reputable dealers say they’re working double-time to prove their legitimacy after being wrongly lumped together with looters and gravediggers.

The aisles of the exhibit hall at the 31st annual Whitehawk Antique Show were crowded with collectors, including business leaders and Santa Fe’s elite. There were hugs and handshakes from the dealers for their regular customers, but rumors also were circulating about suspicious vans outside and undercover federal agents.

Amid grumbling about government meddling, the tension was evident.

“I think a lot of people are just scared because there’s a lot of misconception about whether this stuff is legal or illegal,” said Jeff Hammond, a private collector and dealer who was displaying prehistoric pots at the show.

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