Fall 2015 Publication of Seattle University’s American Indian Law Journal

Contents

Masthead
Protecting Victims of Domestic Assault: Upholding the Use of Uncounseled Tribal Court Domestic Assault Convictions to Establish Federal Habitual Domestic Assault Charges Joanna Adu
The Tohono O’odham Nation and the United States-Mexico Border Peter Heidepriem
The Binding Guidance Principle: Using the Indian Trust Doctrine to Trump the APA John Robinson Jr.
A Streamlined Model of Tribal Appellate Court Rules for Lay Advocates and Pro Se Litigants Gregory D. Smith
Defining the Indian Civil Rights Act’s “Sufficiently Trained” Tribal Court Judge Jill Elizabeth Tompkins
Endangered Species, Endangered Treaties: Protecting Treaty Rights, Economic Development, and Tribal Consultation Under Secretarial Order 3206 Jeremy Wood

Read the entire issue here (PDF).

Federal Court Dismisses Suit by Oklahoma Student Denied Request to Wear Eagle Feather at Graduation

Here is the opinion in Griffith v. Caney Valley Public Schools (N.D. Okla.):

42 DCT Order

Briefs here.

Indigenous Summer Intensive

This May, the University of Victoria Law School is running a month-long Summer Intensive in Indigenous Law and Comparative Indigenous Legal Issues. Both Val Napoleon and John Borrows are teaching.

They accept other law professors, for-credit students, as well as students/lawyers who may want to audit the courses.

There are different application deadlines for credit vs. non-credit students. Here is the information:

http://www.uvic.ca/law/about/indigenous/indigenoussummerintensive.php

Here is an example of work from the Indigenous Law Research Unit:

https://www.youtube.com/watch?v=7uNgq7raxk4

Please feel free to write Val Napoleon, John Borrows, or Janet Person, the admissions officer, if you have any questions (1-250-721-8155).

“Chemawa Indian School unmarked graves”

From aljazeera here.

Briefs in Oklahoma Eagle Feather Graduation Case

Here are the materials in Griffith v. Caney Valley Public Schools (N.D. Okla.):

32 Motion to Dismiss

33 Opposition

34 Reply

39 Brief of the State of Oklahoma As Amicus Curiae

Save the Date: 4th Annual Tribal Lands Conference

Link to announcement here.

Registration open for the University of Arizona College of Law’s 2-day conference in January.

Save the Date: N. Scott Momaday at U-M

The Inaugural Robert F. Berkhofer, Jr. Lecture
in Native American Studies

An Evening with N. Scott
Momaday

Friday, March 11, 2016
6:00 – 7:30 PM
Michigan League Ballroom
Reception to follow lecture

Pulitzer Prize-winning novelist, Native American scholar, and poet N. Scott Momaday has been hailed as “the dean of American Indian writers” by the New York Times.  He crafts — in language and imagery — majestic landscapes of a sacred culture.

Named a UNESCO Artist for Peace and Oklahoma’s poet laureate, he was also a recipient of the 2007 National Medal of Arts, presented by President George W. Bush.  Momaday was the first Native American to be awarded the Pulitzer Prize for his novel, House Made of Dawn, widely considered to be the start of the Native American Renaissance.  His most recent volume, Again the Far Morning: New and Selected Poems, was released in 2011.

His other awards include a Guggenheim Fellowship and the “Mondello,” Italy’s highest literary honor. His works include The Way to Rainy Mountain, The Names: A Memoir, The Ancient Child, and a new collection, Three Plays, which celebrates Kiowa history and culture.  He was featured in the Ken Burns documentary, The West, that showcased his masterful retelling of Kiowa history and mythology.

For more information, contact Scott Lyons, Director of Native
American Studies at U-M (lyonssr@umich.edu).

Robert F. Berkhofer, Jr. (1931-2012) was an historian and a leading scholar in the field of Native American studies. The author of many influential books, including The White Man’s Indian: Images of the American Indian from Columbus to the Present (1978), Berkhofer taught at Michigan from 1973-1991.  This annual lecture on Native American Studies honors his work and legacy.

Guardian Series on America’s Poorest Towns Includes Gila River

Link to article here.

 

New University of North Dakota Nickname!

They’re the Flickertails Fighting Hawks.

Here is “After Decades of Hand-Wringing, U. of North Dakota Has a New Nickname.”

Menominee Tribe Files Complaint Against DEA and DOJ

Doc. 1 – Complaint for Declaratory Judgment

Previous post concerning raid on the Menominee Indian Reservation here.

The Menominee Tribe is seeking a court decision on whether the Tribe’s college can grow hemp under its own law and under the Agricultural Act of 2014 (the current Farm Bill).