A.A. v. Needville School District — Fifth Circuit Strikes Down School’s Long-Hair Policy

Incredible opinion: Arocha Opinion July 9, 2010.

Here are the materials.

Fort Lewis College Buffalo Council Press Release re: Indian Tuition Waiver

June 22, 2010
Contact: Pat Kincaid, Buffalo Council Spokesperson, (970) 903-6333

Fort Lewis College Buffalo Council Protects the Tuition Waiver by requesting Accountability of Trust Assets and promoting an Indian education agenda

Fort Lewis College (FLC) was created by a 1910 Congressional Act with the intent of “fulfilling treaty obligations with the various Tribes.” The state of Colorado received the surface rights to a 6300 acre parcel of land with two conditions (subsequent): 1) the land must be used as an institution of learning, and 2) Native Americans attending the school will receive a tuition waiver.

Currently the land is in violation of condition one and condition two has been attacked as recently as January when Colorado Representative Karen Middleton proposed a bill to kill the tuition waiver at FLC. Just as disturbing, is that the Native American students, who are the beneficiaries of the trust assets on these 6300 acres, are being blamed for budget issues.

Continue reading

NYTs Article on Law School Grade Inflation: Do Grades Mean Anything Anymore?

Here is the article. An excerpt:

Law schools seem to view higher grades as one way to rescue their students from the tough economic climate — and perhaps more to the point, to protect their own reputations and rankings. Once able to practically guarantee gainful employment to thousands of students every year, the schools are now fielding complaints from more and more unemployed graduates, frequently drowning in student debt.

* * *

“For people like me who have good grades but are not in the super-elite, there are not as many options for getting a job in advance,” said Zachary Burd, 35, who just graduated from Southern Methodist University. A Dallas family law firm will receive $3,500 to “test drive” him this August.

“They’ll get me for a month or two, for free, to try me out,” he said. “It’s safer for them, and it’s a good foot in the door for me.”

But the tactic getting the most attention — and the most controversy — is the sudden, deliberate and dubiously effective grade inflation, which had begun even before the legal job market softened.

“If somebody’s paying $150,000 for a law school degree, you don’t want to call them a loser at the end,” says Stuart Rojstaczer, a former geophysics professor at Duke who now studies grade inflation. “So you artificially call every student a success.”

Unlike undergraduate grading, which has drifted northward over the years because most undergraduate campuses do not strictly regulate the schoolwide distribution of As and Bs, law schools have long employed clean, crisp, bell-shaped grading curves. Many law schools even use computers to mathematically determine cutoffs between a B+ and a B, based on exam points.

The process schools refer to as grade reform takes many forms. Some schools bump up everyone’s grades, some just allow for more As and others all but eliminate the once-gentlemanly C.

Federal Court Holds that Lakota Students Must Wear Traditional Cap and Gown

Here are the materials in Dreaming Bear v. Fleming (D. S.D.) (news article here via Pechanga):

DCT Order Denying Dreaming Bear Motion for Injunction

Dreaming Bear Motion for PI

** Elizabeth Cook-Lyn Affidavit

School District Opposition

Dreaming Bear Reply

GTB Chair Derek Bailey Appointed to American Indian Education Advisory Council

Great news!!!!!

From Indianz:

President Barack Obama has appointed six people to the National Advisory Council on Indian Education.

The council advises the Department of Education about Indian education issues. It has 16 members.

The new appointees are:

• Thomas R. Acevedo, a member of the Mohegan Tribe of Connecticut
• Derek J. Bailey, the chairman of the Grand Traverse Band of Ottawa and Chippewa Indians of Michigan
• Robin A. Butterfield, a member of the Winnebago Tribe of Nebraska
• Robert B. Cook, a member of the Oglala Sioux Tribe of South Dakota
• Deborah Jackson-Dennison, a member of the Navajo Nation
• Alyce Spotted Bear, a member of the Mandan, Hidatsa, and Arikara Nation of North Dakota

Get the Story:

President Obama Announces More Key Administration Posts (White House 5/13)

North Dakota Supreme Court Rejects Challenge to UND Board on Fighting Sioux; Nickname “Killed”

Here is the opinion in Davidson v. State. Briefs and oral argument materials are here. And the UND Board “killed” the nickname.

An excerpt:

Eight members of the Committee for Understanding and Respect (“plaintiffs”) appeal from a district court judgment dismissing their action against the State Board of Higher Education to enforce a settlement agreement in a prior lawsuit by the University of North Dakota (“UND”) and the Board against the National Collegiate Athletic Association (“NCAA”) and to enjoin the Board from shortening the time period for the Spirit Lake Tribe and the Standing Rock Sioux Tribe to consider approving or rejecting UND’s use of the “Fighting Sioux” nickname and logo. Because we conclude the district court did not err in interpreting the language of the settlement agreement, we affirm.

And:

The plaintiffs, enrolled members of the Spirit Lake Tribe, thereafter sued the Board, alleging its proposed termination of the Fighting Sioux nickname and logo before November 30, 2010, violated the settlement agreement and seeking to enjoin the Board from terminating the nickname and logo before November 30, 2010. The plaintiffs claimed the settlement agreement precluded termination of the nickname and logo before November 30, 2010, and the Board was contractually bound to make a good-faith effort to obtain namesake approval from both tribes during that time.

And:

Although the language of the settlement agreement recognizes the North Dakota Sioux Tribes have important contributions in determining whether the Fighting Sioux nickname and logo should be used by UND and the agreement requires UND to continue to solicit the views of the two tribes on the use of the nickname and logo, we do not construe that language to require UND to continue using the nickname and logo through November 30, 2010.

Legal News in Sunday’s NYTs

An article on Justice Stevens here.

And an article on attacks on law school clinics here.

American Indian Higher Education Consortium Brief in Christian Legal Society v. Martinez

Well, it’s a brief they signed on to….

Here.

Michigan Senate Efforts to Allow Indian Gaming Revenue Sharing to Benefit Schools

News article here (with an assist from A.K.):

School districts could use money received through agreements with tribal-run casinos to fund college scholarship programs through legislation approved by the Michigan Senate.

The bill approved by unanimous vote Thursday now goes to the House.

Michigan has more than 20 casinos run by American Indian tribes. The tribes have agreements with the state that typically provides 2 percent of certain gaming revenue to local governments, including schools.

The bill passed Thursday would allow school districts covered by those agreements to use their proceeds for scholarships for their graduates.

The legislation sponsored by Republican Sen. Ron Jelinek of Three Oaks was sparked by a plan from New Buffalo schools to fund a scholarship program.

Sundance Film Screening at Michigan Critical Issues Conference — UPDATED

The date and time is March 5, 2010, at 7 PM at the Grand Traverse Resort & Spa.