Burt Lake Band Prevails in Federal Recognition Procedural Dispute with Interior, Case Remanded

Here is the order in Burt Lake Band of Ottawa and Chippewa Indians v. Bernhardt (D.D.C.):

Briefs here.

Casino Development Firm Sues Sault Tribe over Lansing and Wayne County Gaming Proposals

Here is the complaint in JLLJ Development LLC v. Kewadin Casinos Gaming Authority (W.D. Mich.):

Sault Tribe Prevails over Interior over Interpretation of Mandatory Trust Land Acquisition Statute

Here is the opinion in Sault Ste. Marie Tribe of Chippewa Indians v. Bernhardt (D.D.C.):

opinion-1.pdf

Case tag here.

26indianclcommndec538.pdf

New Fletcher Paper: “The Rise and Fall of the Ogemakaan”

Please check out my new paper, “The Rise and Fall of the Ogemakaan,” now available on SSRN. Here is the abstract:

Anishinaabe (Odawa, Bodewadmi, and Ojibwe) legal and political philosophy is buried under the infrastructure of modern self-determination law and policy. Modern Anishinaabe tribes are rough copies of American governments. The Anishinaabeg (people) usually choose their ogemaag (leaders) through an at-large election process that infects tribal politics with individualized self-interest. Those elected leaders, what I call ogemaakaan (artificial leaders) preside over modern governments that encourage hierarchy, political opportunism, and tyranny of the majority. While modern tribal governments are extraordinary successes compared to the era of total federal control, a significant number of tribes face intractable political disputes that can traced to the philosophical disconnect from culture and tradition.

Anishinaabe philosophy prioritizes ogemaag who are deferential and serve as leaders only for limited purposes and times. Ogemaag are true representatives who act only when and how instructed to do so by their constituents. Their decisions are rooted in cultural and traditional philosophies, including for example Mino-Bimaadiziwin (the act of living a good life), Inawendewin (relational accountability), Niizhwaaswii Mishomis/Nokomis Kinoomaagewinawaan (the Seven Gifts the Grandfathers or Grandmothers), and the Dodemaag (clans). I offer suggestions on how modern tribal government structures can be lightly modified to restore much of this philosophy.