Michigan COA Holds Mackinac Tribe Member May Have Treaty Rights

Here is the opinion in People v. Caswell:

Opinion

An excerpt:

Defendant, Walter Joseph Caswell, is a member of the Mackinac Tribe of Odawa and Ojibwa Indians (the “Mackinac Tribe”). In October 2018, a Department of Natural Resources (DNR) conservation officer cited defendant for spear fishing in a closed stream in violation of MCL 324.48715 and MCL 324.48711.1 Defendant moved to dismiss the charges on the ground that he was a member of an Indian tribe or band granted hunting and fishing rights by 1836 and 1855 treaties with the United States federal government. The Mackinac County district court granted defendant’s motion upon concluding that the Mackinac Tribe was entitled to rights under the relevant treaties. On appeal from the prosecutor, the Mackinac County circuit court reversed on the ground that the Mackinac Tribe was not federally recognized and that federal tribal recognition is a matter for initial determination by the United States Department of the Interior. We granted defendant’s delayed application for leave to appeal. For the reasons explained below, we vacate the circuit court’s order and remand the case to the district court for an evidentiary hearing consistent with this opinion.

Briefs:

353537_13_01.pdf-AT Brf

353537_16_01.pdf-AE Brf

353537_19_01.pdf-Reply

353537_29_01.pdf–Amicus 1

353537_32_01.pdf-Amicus 2

John Minode’e Petoskey on Indigenous Traditional Knowledge Protection

John Minode’e Petoskey has published “International Traditional Knowledge Protection and Indigenous Self Determination” in UCLA Law School’s Indigenous Peoples’ Journal of Law, Culture & Resistance.

An excerpt:

In February 2019, the World Intellectual Property Organization (WIPO) issued a “Proposal For a Study by the WIPO Secretariat on Existing Sui Generis Systems For the Protection of Traditional Knowl- edge in WIPO Member States.” This effort is a part of the organization’s ongoing endeavors to assist indigenous people in protecting their Traditional Knowledge (TK) from misappropriation and outright theft. This Comment will answer WIPO’s call by discussing history of indigenous TK in four countries and how the Indian Arts and Crafts Act (IACA) can offer a viable model for TK protection in light of this history.

Sixth Circuit Oral Argument in LTBB v. Whitmer

Here:

Briefs are here.

Federal Court Dismisses Pro Se Treaty Rights Complaint against State and Sault Tribe

Here are the materials in Hall v. Whitmer (E.D. Mich.):

1 Pro Se Complaint

13 Sault Tribe Motion to Dismiss

15 Response to 13

19 Reply

20 State Motion for Summary Judgment

23 Response to 20

24 Reply

27 Magistrate Report re 13

28 Magistrate Report re 20

30 Objections

32 DCT Order

Federal Court Finds Factual Misrepresentations Made to Fourth Circuit in Williams v. Big Picture Loans LLC

Here are the materials in Williams v. Big Picture Loans LLC (E.D. Va.) (this case is on remand from the Fourth Circuit):

599 DCT Order

601 DCT Order

613 Martorello Statement of Position

624 Williams Response to 613

784 Williams Statement of Position

910 Williams Supplemental Memorandum

944 DCT Order

Excerpts: Continue reading