Education – Page 31 – Turtle Talk

Michigan Civil Rights Commission to File Discrmination Complaint with U.S. Dept. of Education over Indian Sports Names and Mascots

February 8, 2013November 13, 2014Matthew L.M. Fletcher6 Comments

From the MCRC:

Later this morning, the Michigan Department of Civil Rights will file a complaint with the United States Department of Education, Office of Civil Rights (OCR) on behalf of all present and future students who are, are descended from, or otherwise self-identify as American Indians. This complaint asks OCR to order an end to the use of American Indian mascots, names, terms, graphics and/or other imagery as a violation of equal protection for primary and secondary students.

Here are the materials:

MDCR_2-8-13_Discrimination_Complaint

MDCR_2_8_13_Supporting_Argument

MDCR_2-8-13_Appendix_A_-_References

MDCR_2-8-13_Appendix_B_-_Schools

Continue reading →

Montana SCT Holds N. Cheyenne Tribe May Bring Some Claims for Unjust Enrichment against Catholic Church

February 7, 2013Matthew L.M. Fletcher1 Comment

Here is the opinion in Northern Cheyenne Tribe v. Roman Catholic Church ex rel. Dioceses of Great Falls/Billings:

NCT v Catholic Church

An excerpt:

We reverse and remand the District Court’s decision to grant summary judgment to the Diocese and St. Labre on NCT’s claim for unjust enrichment and the imposition of a constructive trust that may arise from St. Labre’s fundraising activities after 2002. The court improperly determined that NCT had to establish evidence of loss by NCT or wrongdoing by the Diocese and St. Labre in order to make out a claim for unjust enrichment. We also reverse and remand the District Court’s decision to grant summary judgment to the Diocese and St. Labre regarding St. Labre’s fundraising activities before 2002. The District Court should evaluate in the first instance the accrual date of NCT’s unjust enrichment claim pursuant to the standards set forth herein. The District Court can address on remand those defenses raised by the Diocese and St. Labre not resolved through the summary judgment proceedings. We affirm the District Court’s grant of summary judgment on all of NCT’s remaining claims.

Briefs here.

Tribal Sovereignty Curriculum in Washington State Schools

December 3, 2012December 4, 2012Adrea Korthase

The AP story talks about (and provides a link to) the tribal sovereignty curriculum, which is available for elementary, middle, and high schools.

Full Panel of the Sixth Circuit Strikes Down Prop 2, Michigan’s Anti-Affirmative Action Amendment.

November 15, 2012November 15, 2012Kate Fort

A split of the Sixth Circuit upheld the 3 judge panel. Our previous coverage of Prop. 2 here.

Here.

COLE, J., delivered the opinion of court in which MARTIN, DAUGHTREY, MOORE, CLAY, WHITE, STRANCH, and DONALD, JJ., joined; and BATCHELDER, C. J., and GIBBONS, ROGERS, SUTTON, COOK, and GRIFFIN, JJ., joined in Part II.B and C. BOGGS, J. (pp. 37–40), delivered a separate dissenting opinion, in which BATCHELDER, C. J., joined. GIBBONS (pp. 41–57), delivered a separate dissenting opinion, in which BATCHELDER, C. J., and ROGERS, SUTTON, and COOK, JJ., joined, and GRIFFIN, J., joined with the exception of Part III. ROGERS (pg. 58) delivered a separate dissenting opinion, in which COOK, J., joined. SUTTON (pp. 59–69), delivered a separate dissenting opinion in which BATCHELDER, C. J., and BOGGS and COOK, JJ., joined. GRIFFIN, J. (pp. 70–74), delivered a separate dissenting opinion.

A student seeking to have her family’s alumni connections considered in her application to one of Michigan’s esteemed public universities could do one of four things to have the school adopt a legacy-conscious admissions policy: she could lobby the admissions committee, she could petition the leadership of the university, she could seek to influence the school’s governing board, or, as a measure of last resort, she could initiate a statewide campaign to alter the state’s constitution. The same cannot be said for a black student seeking the adoption of a constitutionally permissible race-conscious admissions policy. That student could do only one thing to effect change: she could attempt to amend the Michigan Constitution—a lengthy, expensive, and arduous process—to repeal the consequences of Proposal 2. The existence of such a comparative structural burden undermines the Equal Protection Clause’s guarantee that all citizens ought to have equal access to the tools of political change. We therefore REVERSE the judgment of the district court on this issue and find Proposal 2 unconstitutional. We AFFIRM the denial of the University Defendants’ motion to be dismissed as parties, and we AFFIRM the grant of the Cantrell Plaintiffs’ motion for summary judgment as to Russell.

HEARTH ACT CLE

October 25, 2012November 1, 2012Matthew Campbell1 Comment

New Mexico Indian Law Section CLE: An Introduction to the Helping Expedite and Advance Responsible Tribal Homeownership Act (HEARTH Act)

State Bar Center, Albuquerque

Thursday, November 1, 2012

8:15 a.m.

3.2 General CLE Credits

Followed by lunch and the N.M. State Bar Indian Law Section Annual Meeting

Description: This program provides an introduction to the Helping Expedite and Advance Responsible Tribal Homeownership Act, which was signed into law on July 30, 2012. The Act will give tribal governments the discretion to lease restricted lands for residential, business, agricultural, public, religious, educational, or recreational purposes without needing the approval of the Secretary of the Interior if the tribal governments develop and implement their own leasing regulations. This program will look at the future of leasing tribal lands and discuss whether the Act will encourage economic growth, promote community development in Indian country, and support tribal self-determination.

The agenda and registration information can be found here.

If you would like to watch a webcast of the CLE, which took place today, you can do so here.

Fletcher on Native America Calling this Friday on Affirmative Action

October 25, 2012Matthew L.M. Fletcher

Here. The program description:

Friday, October 26, 2012 – Affirmative Action in Education:
Earlier this month, the U.S. Supreme Court heard arguments on the constitutionality of affirmative action in higher education. This issue is something that has many in Indian Country concerned. With this in mind we ask, is diversity in college admissions a right Native students should be afforded? Can Native students still expect a quality college education if their test scores and academics aren’t measured equally to non-native students from more affluent backgrounds? What will the future look like for Native college hopefuls if the Supreme Court decides for or against? We’ll explore these questions and more as we discuss the Supreme Court, Affirmative Action, and the future of Native College students.