Here is “Hurons logo, harassment prompt meeting at EMU.”
cultural resources
Wyandot Nation v. United States Breach of Trust Complaint re: Huron Indian Cemetery
Here is the complaint in Wyandot Nation of Kansas v. United States (Fed. Cl.):
Former Leaders of Jamul Indian Village Sues over Casino
Here is the complaint in Rosales v. Dutschke (E.D. Cal.):
An excerpt:
Plaintiffs, WALTER ROSALES and KAREN TOGGERY are Native American residents of San Diego County of one-half or more degree of California Indian blood, and former leaders of the half-blood Indian community, known as the Jamul Indian Village, “JIV,” who until recently lived on the Indian cemetery in Jamul, where their families have lived since the late 1800’s. Rosales and Toggery own and control their families’ human remains and funerary objects that were interred in burial sites below, on, and above the Indian cemetery. Those remains and objects have been feloniously disinterred and desecrated by the Defendants in a race to illegally build a casino on the U.S. government’s portion of the Indian cemetery property before they are stopped and the law is enforced.
Sac and Fox Nation v. Borough of Jim Thorpe Cert Petition
Here:
Thorpe Petition and Appendix (00059355)
Question presented:
The Native American Graves Protection and Repatriation Act (NAGPRA) applies to “any” institution or state or local government agency that receives federal funds and “has possession of, or control over,” Native American human remains. The Act requires these covered entities to inventory those remains and, at the request of Native American tribes or lineal descendants, to return them.
The question presented is whether the absurdity doctrine allows courts to exempt otherwise covered entities from NAGPRA based on how the entity acquired the Native American remains.
Lower court materials here.
News coverage here. Thanks to MKN.
Native Students Sues School District over Ban on Eagle Feathers at Graduation
American Indian Law Journal Spring 2015
NYTs’Op/Ed: “Selling Off Apache Holy Land”
Here.
Ninth Circuit Rejects RFRA Challenge to Solar Project Near Indian Sacred Sites
Here is the unpublished opinion in La Cuna De Aztlan Sacred Sites Protection Circle Advisory Committee v. Dept. of Interior.
An excerpt:
We conclude that the record, which includes declarations submitted by the Plaintiffs that provide little more than conclusory statements and which have not shown where the alleged sacred sites are located at the Ivanpah Project site, is insufficient to support Plaintiffs’ claim that the loss of access to the limited area taken by the Ivanpah Project imposes a substantial burden. Viewing the evidence in the light most favorable to the Plaintiffs, the Plaintiffs have not shown that they are either “forced to choose between following the tenets of their religion and receiving a governmental benefit,” or “coerced to act contrary to their religious beliefs by the threat of civil or criminal sanctions” as this court requires to establish a substantial burden under RFRA.
Briefs and lower court materials are here.
Federal Court Affirms Oklahoma School’s Refusal to Allow Native High School Graduate to Wear Eagle Feather on Graduation Cap
Here is the order in Griffith v. Caney Valley Public Schools (N.D. Okla.):
22. Order and Opinion (5-20-15)
Prior materials here.
Anishinaabe nibi inaakonigewin (water law) gathering
Announcement from Professor Aimée Craft:
I hope that you will consider joining us for the Anishinaabe nibi (water) gathering taking place in the Whiteshell this June. After a few years of gathering with Elders on a project relating to Anishinaabe nibi inaakonigewin (water law), we are inviting people to come and learn about water teachings in an outdoor teaching lodge format. We want to focus on youth participation and attendance.
Please share with your networks and people you think would be interested in attending. All are welcome.
To RSVP and for questions: watergathering2015@gmail.com
*Also, please consider bringing a young person to accompany you or assist us with travel funding for youth.*
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