Oxford Etymologist on the Word “Squaw” — Indigenous Etymologist Needed!

Leaving the legal world for a moment, we offer a link to a very strange defense of the use of the word “squaw” by the Oxford Etymologist Anatoly Liberman (here). We could be wrong, but this article seems to be a classic case of an academic wearing blinders, or worse, an etymological ideologue.

In short, Liberman concludes that the etymology of “squaw” is that the word simply means “woman,” and so therefore cannot possibly be an epithet. He mocks advocates for changing place names to eliminate the use of the word.

There are several problems in the argument, especially the tone of Liberman’s writing (just read the article — the part about squirrels is baffling), but we’ll focus on just the most obvious problems.

First, the Oxford Etymologist’s etymology is incredibly superficial, and downright ethnocentric.

We’d like to see an indigenous etymology of this word, which is undeniably an epithet no matter the so-called “science” behind it. Assuming the scholars upon which Liberman relies are correct (and we have no reason to doubt it) and “squaw” derives from an eastern Algonkian language, then merely concluding the word means “woman” is nowhere near conclusive. It is our understanding that the vast majority of words in Anishinaabemowin, the language of many Michigan Indians and an Algonkian language, are verbs. What this means is perhaps the Massachusett word from which “squaw” derives is actually a verb. So-called nouns in many Indian languages are actually verbs, so that the word that non-Indians say means “woman” very possibly means something along the lines of “person who does something.” And likely that “something” will let us know if the word is intended as a respectful word, or not. We don’t see from the sources available online (e.g., here) a serious attempt to provide a proper etymology of the word.

Regardless of the etymology, there is a second important reason to reject Liberman’s position.

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Op-Ed on A.A. v. Needville Case re: Indian Student Religious Freedom

From the Seattle Examiner:

A Native American boy is fighting a Texas school district for the right to keep his long hair. A small rural school district in Fort Bend County Texas wants to force Adriel Arocha to cut his hair in compliance with the terms of the school district’s dress code.

Hence, the Needville school district and a determined mother are tangled in a dispute over hair. Michelle Betenbaugh says her son, Adriel Arocha, wears his hair long because of religious beliefs tied to his Native American heritage. The dispute began last summer, when Kenney Arocha and Michelle Betenbaugh informed Needville ISD officials of their plans to move from Stafford and have their son, Adriel Arocha, attend kindergarten in the district.

Made aware of the couple’s and the boy’s views on the practice by some Native American men of wearing their hair long, school officials told Adriel’s parents he would have to cut his hair according to terms in Needville ISD’s dress code. The parents refused, and a drawn out court battle followed.

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A.A. v. Needville Materials Update

We filed a short amicus brief in A.A. v. Needville Indep. Sch. District before the Fifth Circuit (Needville-Historian Amicus Brief) on behalf of Drs. Suzanne Cross and K. Tsianina Lomawaima. The Lipan Apache Tribe also filed an amicus brief (Lipan Apache 5th Cir Amicus 2009).

The ACLU of Texas is lead counsel in this case, a challenge to a Texas public school’s decision to suspend a kindergarden student because he refused to cut his long hair. He is a member of the Lipan Apache Tribe. The family was successful before the district court, but the school district appealed.

Other materials:

Arocha DCT Order

Appellees Brief

Appellants Brief

Amicus Brief in American Indian Religious Freedom Case

We filed a short amicus brief in A.A. v. Needville Indep. Sch. District before the Fifth Circuit (Needville-Historian Amicus Brief) on behalf of Drs. Suzanne Cross and K. Tsianina Lomawaima.

The ACLU of Texas is lead counsel in this case, a challenge to a Texas public school’s decision to suspend a kindergarden student because he refused to cut his long hair. He is a member of the Lipan Apache Tribe. The family was successful before the district court, but the school district appealed.

Other materials:

Arocha DCT Order

Appellees Brief

2009.04.27 Appellants Brief

BLT: Government Moves to Dismiss Geronimo/Skull and Bones Case

Here is the motion — Obama Motion to Dismiss

From BLT:

Justice Department lawyers have moved to dismiss claims against the government in a lawsuit over the remains of the legendary Apache warrior Geronimo.

In February, a group of Native Americans claiming to have descended from the 19th century military leader sued the government, as well as Yale University and the Order of the Skull and Bones, in an attempt to retrieve Geronimo’s remains. After his death in 1909, Geronimo’s body was buried at the Fort Sill United States Army Base in Lawton, Oklahoma. But according to popular lore, members of the Yale secret society broke into his tomb and stole his skull, which it now keeps on display in New Haven.

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Indictments in Grave Robbing Cases

Here are two of the indictments in the grave robbing cases reported on Indianz and the NYTs US v Patterson Indictment 1 and US v Patterson Indictment 2.

Indian Religious Freedom at Colfax Cemetery

From the Sac Bee:

Little peace for Colfax Indian Cemetery

smagagnini@sacbee.com

Published Tuesday, May. 26, 2009

When a tree falls in the Colfax Indian Cemetery, who hears it?

Kathy Keck and her dogs, cats, goats and horses did when one of the cemetery’s giant Ponderosa pines crushed part of her fence one stormy February night in 2007.

So began a controversy that closed the cemetery where local chiefs are buried and raised an outcry from area Indians who claim their religious freedom is being violated.

Keck, whose family has lived in harmony with the cemetery and the Maidu, Miwok and Nisenan who have used it since the 1800s, sued in small claims court and won $3,000 from the Colfax Cemetery District.

Until Keck’s suit, both the district and the Colfax Todds Valley Consolidated Tribe believed the Indians owned the cemetery.

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Major League Baseball Pulls Chief Wahoo From Stars and Stripes Cap

From Yahoo:

MLB pulls Chief Wahoo off Cleveland’s ’09 Stars and Stripes cap

Major League Baseball is rolling out a new round of Stars and Stripes caps for Memorial Day and it appears that they designed the lids with some common sense this time around.

Please remember last season, when the first round of special hats included a stars-and-stripes emblazoned version of Chief Wahoo on Cleveland’s cap. A mini-controversy erupted with most people agreeing that it probably wasn’t a good idea to endorse the logo with the elements of the American flag and the ideals that it represents.

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Interesting E-mail Exchange About the Redskins Case at the Firm Representing the Team

Above the Law, a blog (or “blawg”) about law firms and other law related stuff, has a post about an e-mail exchange between lawyers at Quinn Emmanuel, the firm that represented the Redskins in their recent victory. After the partner in charge of the case sent a firmwide message boasting about the victory, a first-year associate replied to the entire firm and essentially suggested that the firm was on the wrong side of the battle.

Check it out here.

Quinn Emanuel Associate Has Reservations About ‘Redskin’ Victory

quinn redskins.jpgHere’s a post devoted to the perils of “Reply All” and idealism among first-year associates. Brought to you by the attorneys of Quinn Emanuel.

The firm just celebrated a victory in its Washington Redskins case, reports the Washington Post:

A federal appeals court yesterday handed the Washington Redskins another victory in their long-running legal dispute with Native American activists over the team’s name.

The appeals court did not address whether the name was offensive but upheld a federal judge’s ruling last year that a Native American man had waited too long to challenge six Redskins trademarks.

AmLaw Daily reports that Quinn attorney Robert Raskopf, who has been working on the case for as long it has been since the Redskins have seen a Superbowl stadium, was pretty psyched about the victory:

Raskopf was in a good mood when we spoke with him about the appellate win. He’s been on the case since it started 17 years ago. “It’s a great win for the team,” said Raskopf, who had help from Quinn partner Sanford Weisburst on the brief. “I’m so happy for the Redskins and their fans.”

Raskopf was so happy on Friday that he sent out a firm-wide victory e-mail. But not everybody was thrilled. After bouncing around the firm and racking up some responses, the victory chain made its way to our inbox via a tipster:

This is too good not to share. This was sent to all Quinn attorneys.

The First Year Associate Who Shat All Over Raskopf’s Victory Email OR The First Year Associate Who Repurposed the Redskins

After the jump, see the chain that culminates in a (soon-to-be-fired?) first-year associate’s plea for idealistic litigation at Quinn.

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Yahoo: Redskins Need a New Nickname

An incredibly rare sportswriter, Michael Silver, who objects to the Redskins (thanks to Bob). From Yahoo:

Last Friday, in a judicial decision that hinged on a legal technicality, the U.S. Court of Appeals in Washington, D.C., upheld the right of the local pro football team to keep its unconscionable nickname.

Gloated team attorney Bob Raskopf, “It’s a great day for the Redskins and their fans and their owner, Dan Snyder.”

Alas, it was another shameful day for America.

Photo Redskins helmet.

(Stephen J. Boitano/AP Photo)

In clinging to the most racially offensive moniker held by a major U.S. professional sports team since the Emancipation Proclamation – yes, I know, since forever – the franchise continues to offend some Native Americans and assault the sensibilities of a citizenry that should be long past such insensitive and shallow depictions.

How can a large majority of us not be offended? Imagine trying to explain “Redskins” to a foreign visitor or a time-traveler from the future? Every time I say the word, I throw up in my mouth a little and wonder why there is no widespread outrage.

I’ve heard all the arguments about why this name should be allowed to exist, and they move me about as much as Jim Zorn’s red-zone offense in a tight game against a strong opponent. (Sorry – I realize that was a cheap shot. Besides, I wouldn’t want to get ‘Skins fans ticked off at me or anything.)

You can spare me the protestations about how the name is actually a tribute to Native Americans, or how other allegedly similar groups (Vikings? Really?) are also consigned to mascot status. You can skip the talk about the importance of the team name to its fans or the tradition that would be compromised were it to be changed.

I’m not hearing it, because if I close my eyes and think about where we are as a society and the fact that this name still exists, it’s a complete travesty on both visceral and logical levels.

Would we “honor,” say, Chicago’s African-American population by calling its NFL team the Brownskins?

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