Education

N.D. Supreme Court Issues Opinions in Fighting Sioux Case

Matthew L.M. Fletcher

Here is the opinion.

News coverage here, via Pechanga.

From the coverage:

The North Dakota Supreme Court today declined to address the constitutional issue raised by the State Board of Higher Education, which claimed that a law requiring UND to keep the nickname improperly intrudes on the board’s authority.

A slim majority of the court was ready to take up the constitutional issue but was blocked by the opposition of two justices and the requirement that such decisions require the support of four of the court’s five members.

“There are not enough members of this court willing to decide the constitutional issue at this time,” Chief Justice Gerald VandeWalle wrote. “We therefore do not address the constitutional issue, and we decline to enjoin the secretary of state from placing the referendum measure on the June 2012 primary election ballot.”

Native American Students Given English Proficiency Tests in Washington State

Adrea Korthase

Transcript and audio from KUOW News here. According to the material, the Washington Indian Civil Rights Commission is looking into the practice.

 

Alabama-Coushatta Tribe of Texas 2nd Judicial Symposium

Matthew Campbell

Save the Date is here: Alabama-Coushatta Tribe of Texas 2nd Judicial Symposium

Materials in North Dakota State Board of Higher Ed v. Jaeger

Kate Fort

Documents only available through HTM links, not as PDFs.
3:00pm Thursday, March 15, 2012
20120112 North Dakota State Board
of Higher Education, Petitioner
v.
Al Jaeger, Secretary of State,
in his official capacity,
Fighting Sioux Ballot Measures
aka Committee For Understanding
and Respect, Respondents
and
North Dakota Legislative Assembly Intervenor

Nature of Action: Writ of Prohibition (Civil)
Counsel:
Petitioner: Douglas Alan Bahr , Att. General Office
Respondent: Reed Alan Soderstrom
Intervenor: Patrick W. Durick
Respondent: Sarah Andrews Herman , Spec. Asst. Atty. Gen.
Respondent: Matthew Allen Kipp , Spec. Asst. Atty. Gen.
Intervenor: Zachary Evan Pelham
Respondent: Stephen John Behm
Issues: Respondent’s Statement of the Issues:
Fighting Sioux Ballet Measurers Issues:
1. Whether Article I, 3, regarding the free exercise and enjoyment of religion precludes the State Board of Higher Education (“SBHE”) to obtain a Writ of Injunction without joinder of the N.D. Sioux Tribes.
2. Whether the 1969 sacred Sioux ceremony giving the Fighting Sioux name to the University of North Dakota constitutes a religious function preventing civil interference.
3. Because the Secretary of State has not certified the Referral Petitions nor has there been an actual vote, whether the matter is ripe for Appellate Review.
4. Whether the actions by the majority of the State Legislature along with the State Board of Higher Education can be separated because the two entities acted in concert to promulgate SB 2370.
5. If SBHE and legislative actions can be separated so that constitutional authority can be chosen and decided by this Court, then the issue is whether or not retaining or retiring the Fighting Sioux name is an act to “organize or reorganize” under Article VIII, 6(6)(b) subject to statutory and constitutional limitations.
6. Because of the SBHE’s failure to assert any constitutional rights following the enactment of N.D.C.C. 15-10-46 and the subsequent repeal of said statute pursuant to SB2370, whether the matter has now vested to the power reserved to the people pursuant to Article III, 1 to approve or reject legislative acts for which the SBHE was directly and influentially involved.
Briefs:

Hicks v. Fort Wingate School — Indian School Allegedly Outed and Humiliated Pregnant Student

Matthew L.M. Fletcher

An excerpt from the ACLU site:

The American Civil Liberties Union and the ACLU of New Mexico filed a lawsuit today on behalf of Shantelle Hicks, 15, who was initially kicked out of middle school and then publicly humiliated at an assembly by the school director and another staff member because she was pregnant.

The complaint alleges that school administrators violated Hicks’ constitutional right to equal protection under the law, Title IX’s prohibitions against sex and pregnancy discrimination and violations of her right to privacy.

“It was so embarrassing to have all the other kids staring at me as I walked into the gymnasium,” said Hicks. “I didn’t want the whole school to know I was pregnant because it’s not their business, and it wasn’t right for my teachers to single me out.”

***

Lawyers on this case include Klopfer, Alexandra Freedman Smith, Laura Schauer Ives and Maureen Sanders of the ACLU of New Mexico; and Sherwin and Lenora Lapidus of the ACLU Women’s Rights Project.

Read the full legal complaint: Hicks Complaint.

 

GTB Helping Suttons Bay Schools (They’re in Acute Financial Stress)

Matthew L.M. Fletcher

Here, from IPR.

Here is the GTB’s 2 percent press release:

Grand Traverse Band 2% Press Release 2nd half 2011

2012 Native American Critical Issues Conference Flyer

Matthew L.M. Fletcher

Here is a PDF: MIEC2012

Racial Tensions Rise in New Mexico School District as law suit filed.

Matthew Campbell

An excerpt from an article on the issue:

Mormons and Indians

A deadlock between the two cultures is at least partly to blame for the political climate in the district since May, when the board and administrators began making drastic changes in personnel, policies and facilities.

At the root of much of that clash is a belief that Anglo Mormons long have dominated the district and held onto the purse strings.

“The allegation is that the Mormons have run the district for years,” said Byron Manning, the former director of finance and operations who resigned in 2011 after working in the district for 10 years.

The article in full can be found here.

American Indian Law Center’s “Pre-Law Summer Institute for American Indians and Alaskan Natives” Recognized by the American Bar Association

Matthew L.M. Fletcher

Outstanding news! And well-deserved!

Here is the press release: PLSI ABA Award PressRel_FINAL

An excerpt:

Albuquerque, NM – December 13, 2011 – The Pre-Law Summer Institute for American Indians and Alaskan Natives (PLSI) today announced that it will be recognized by the American Bar Association (ABA) Council for Racial and Ethnic Diversity in the Education Pipeline for exemplary leadership in pipeline programming. PLSI is a program of the American Indian Law Center, Inc., that has been attended by many of the nation’s preeminent Native attorneys, judges, law school professors and deans, and tribal chairs since its inception in 1967.

The ABA 2012 Raymond Pace and Sadie Tanner Mossell Alexander Award for Excellence in Pipeline Diversity recognized PLSI for their exemplary leadership in pipeline work. The ABA Council on Racial and Ethnic Diversity commended PLSI for its “outstanding accomplishments and significant contributions to diversifying” the law profession. The ABA will formally honor PLSI at the ABA Midyear Meeting in New Orleans, LA on February 3, 2012.

Ontario Superior Court of Justice Adds Two Schools To Residential Schools Settlement Agreement

Peter Scott Vicaire

Stirland Lake and Cristal Lake have been added to the already 130+ number of schools that have been identified and listed under Schedules “E” or “F” of Canada’s Residential Schools Settlement Agreement.  Here’s the decision, Fontaine v. Canada (Attorney General). 

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