cultural resources

Fletcher Paper on the Seminole Tribe and the Origins of Indian Gaming

Matthew L.M. Fletcher

At the invitation of Alex Pearl and the FIU Law Review to write a symposium piece on Florida Indian history and law, a challenge for me since I know very little about it, I came up with “The Seminole Tribe and the Origins of Indian Gaming.” Assuming the law review finds it publishable, it will appear in the FIU Law Review alongside the work of luminaries like Siegfriend Weissner and Sarah Krakoff.

Here is the abstract:

The Seminole Tribe of Florida has played perhaps the most important role in the origins and development of Indian gaming in the United States of any single tribe. The tribe opened the first tribally owned high stakes bingo hall in 1979. The tribe in 1981 was involved in one of the earliest lower court decisions forming the basis of the legal theory excluding most states from the regulation of high stakes bingo, a theory that Congress largely codified in the Indian Gaming Regulatory Act (IGRA) years later. The tribe was a party to the Supreme Court decision in 1996 that radically altered the bargaining power between tribes and states over the negotiation and regulation of casino-style gaming under IGRA. And more recently, the tribe has been a leading participant in negotiations and litigation over the regulatory landscape of Indian gaming after the 1996 decision. The Tribe is one of the most successful Indian gaming tribes in the nation.

This paper traces that history, but also offers thoughts on how the culture and traditional governance structures of the Seminole Tribe played a part in its leadership role in the arena of Indian gaming.

NYTs Article on the Annenberg Foundation’s Purchase of Hopi and San Carlos Apache Sacred Items in French Auction

Matthew L.M. Fletcher1 Comment

Here.

Briefs in Mining Company Challenge to Interior Withdrawal of Lands at Grand Canyon related to Indian Sacred Sites

Matthew L.M. Fletcher4 Comments

Here are the briefs (so far) in Yount v. Jewell (D. Ariz.):

Northwest Mining Yount Summ Jment Memo Statement of Facts (Dec 6 2013)

Quaterra Counties Summ Jment Memo Statement of Facts (Dec 6 2013)

Our prior post is here.

Daily Kos on the Washington Football Team Nickname and Logo

Matthew L.M. Fletcher

Here is “#@!!%&#. This is the racist crap Indians have to put up with because Dan Snyder is a stubborn wretch“.

French Court OKs Auction of Hopi Sacred Objects

Matthew L.M. Fletcher

Here.

USFWS Rule Extending Eagle Permits to 30 Years

Matthew L.M. Fletcher

The rule extending eagle permits for up to 30 years is available for public inspection today (PDF).  Will publish on Monday.

The summary:

We revise the regulations for permits for take of golden eagles (Aquila chrysaetos) and bald eagles (Haliaeetus leucocephalus) that is associated with, but not the purpose of, an  activity. We extend the maximum term for programmatic permits to 30 years, while maintaining discretion to issue permits of shorter duration as appropriate. The permits must incorporate conditions specifying additional measures that may be necessary to ensure the preservation of eagles, should monitoring data indicate the need for the measures. This change will facilitate the responsible development of renewable energy and other projects designed to operate for decades, while continuing to protect eagles consistent with our statutory mandates. For a permit valid for 5 years or more, we will assess an application processing fee sufficient to offset the estimated costs associated with working with the applicants to develop site plans and conservation measures, and prepare applications, and for us to review applications. We also will collect an administration fee when we issue a permit and at 5-year intervals.

Hopi Tribe Sues in France to Stop Auction of Sacred Masks

Matthew L.M. Fletcher

Here.

Lubbock Newspaper Debate over Washington Football Team Nickname

Matthew L.M. Fletcher

Here.

Featuring Eugenia Charles-Newton of the Texas Tech Law School Law Library and my former student!

Ponca “Cowboys and Indians” Camp against Keystone XL Pipeline

Matthew L.M. Fletcher

Here.

Stephen Pevar against the Washington Football Team Nickname

Matthew L.M. Fletcher

Here, from the ACLU blog. An excerpt:

Think of a vile name that you were called by bullies at school based on your religion, your race, your country of origin, or some other characteristic. How did it make you feel? If I call you by the same name but tell you that my intention is to honor you by using it, will you feel honored just because I say so, or would you suggest that I find another way to show my appreciation?

“Redskin” is a vile name. It’s a name that people who hate American Indians often call them. Every dictionary defines “Redskins” as being offensive, derogatory and a racial epithet. Even with the best intentions, naming a sports team the New York Kikes, the Seattle Slant Eyes, the Atlanta Niggers, or the Washington Redskins will likely offend the very group you want to honor. And they’re the ones who should know if the name is an honor or not.

The ACLU is a champion of free speech. The issue here isn’t whether Dan Snyder, the owner of the Washington Redskins has a right to call his team anything he wants. He does. The issue is whether he should perpetuate racism.