Sara Lee Scholarship for Women Attending Tribal Colleges in MI and WI

From the press release:

/PRNewswire-USNewswire/ — The Sara Lee Foundation is proud to continue the Sara Lee Foundation Tribal College Scholarship Program for Women through a partnership with the American Indian College Fund (the Fund).  This scholarship program will continue to provide financial assistance to American Indian women attending tribal colleges located in Michigan and Wisconsin. Selected recipients must also be primary residents of one of the following states: California, Georgia, Illinois, Kentucky, Michigan, Missouri, North Carolina, Tennessee, Texas, or Wisconsin.

Since 2001, the Sara Lee Foundation has consistently supported the Fund, benefiting countless Native women and aiding them in their journey towards a more hopeful, prosperous future.

“We are excited to continue our support of American Indian women and their pursuit of a higher education,” said Judy E. Schaefer, Director of the Sara Lee Foundation. “We are proud of the scholarship program that we have developed with the American Indian College Fund and the positive effects it continues to have on the students, their families, and their futures.”

Eagle Rock News Coverage

Here and here.

Plus, a new blog dedicated to the ongoing protest against Kennecott Mining Company.

Thanks to A.K.

Cross-Motions for Summary Judgment in Saginaw Chippewa Reservation Boundaries Case

Here it comes — the case is captioned Saginaw Chippewa Indian Tribe v. Granholm (E.D. Mich.):

Federal Motion for Partial Summary Judgment

Michigan Motion for Partial Summary Judgment

Federal Response to State Motion for Summary Judgment

Michigan Response to Federal Motion for Summary Judgment

SCIT Response to Federal Motion

SCIT Response to State Motion

Federal Reply

Michigan Reply

Previous posts:

Materials on the Expert Witnesses

Materials on the “Rosebud Sioux” defenses

Materials on the laches defenses

Complaint

Little Traverse Tribal Court Opinions in Election Disputes

Available here.

Building Strong Sovereign Nations: Tribal Governance Training Conference, May 19-20

Here’s a reminder of the upcoming Tribal Governance Training Conference at Little River Casino & Resort next month. See the attachment for registration and accommodation information.

May 19, 12PM-5PM
History of Anishinaabek Tribes – John Petoskey
Tribal Council Roles & Responsibilities – Frank Ettawageshik

May 20, 8AM -12PM
Indian Child Welfare Act – Kate Fort & Emily Proctor
Indian Gaming in Michigan – Bill Brooks
Introduction to Tribal Justice Systems – Holly Thompson
Labor Relations & Tribal Businesses – Zeke Fletcher

BSSN Training Conference May 19-20

News Coverage on Michigan Gaming Proposals

From K’zoo Gazette, via Pechanga:

KALAMAZOO — A pair of proposals to expand gambling in Michigan would be bad for the state because they would strip away local residents’ ability to have a say in whether a casino is opened in their community, opponents say.

“We are working to preserve the right of each community to have a vote on gaming expansion,” James Nye, spokesman for Protect MI Vote, told the Kalamazoo Gazette’s Editorial Board on Tuesday.

Nye also serves as spokesman for the Gun Lake Tribe of Pottawatomi Indians, which is constructing the Gun Lake Casino in Wayland Township.

Daniel Adkins, spokesman for the pro-expansion group Racing to Save Michigan, said Nye’s arguments are undermined by the fact that Nye’s group receives money from casinos.

“The man’s goal is to make sure there is no competition. That’s the goal,” said Adkins, who is also vice president and chief operating officer of Hazel Park Harness Raceway.

A 2004 amendment to the state constitution requires that both state and local voter approval be given for any expansion of electronic gaming in Michigan. The requirement does not extend to casinos on tribal lands.

Adkins said he believes local residents would continue to have a say. Adkins’ group wants to allow casinos at five Michigan horse racing tracks, and at three other locations.

The other pro-expansion group, Michigan is Yours, proposes seven casinos in communities that have expressed interest, such as Muskegon, Lansing and Benton Harbor, said group member Trevor Sarter.

“We didn’t want it to be a situation where we are trying to push this down anyone’s throat,” Sarter said.

The groups need to collect more than 380,000 valid signatures by early July to get their measures on the November ballot.

A Note on Judge Bybee’s Dissent in Rincon Band

Judge Bybee dissent in Rincon Band is not a very good example of legal scholarship (not that it has to be, since he’s a judge, not a law professor), but one potential problem is that he resorts to the “parade of horribles” argument at the very end:

The majority’s legal errors carry grave–and widespread–practical repercussions. The majority’s decision will call into question Tribal-State gaming compacts not just in cash-strapped California, * * * but throughout the country. The Second Circuit has never addressed a legal challenge to the Connecticut compacts governing the behemoth Foxwoods and Mohegan Sun Casinos, but the majority decision here will inevitably spur such challenges in Connecticut and in New York. The Sixth, Tenth, and Eleventh Circuits have yet to consider the validity of general revenue sharing under IGRA, but it can be reasonably be expected that district court clerks in Michigan, New Mexico, Oklahoma, and Florida will be docketing challenges sometime soon. These lawsuits * * * will eat up State, tribal, and federal resources and will unsettle dozens of mutually beneficial revenue-sharing provisions that have fed both tribal coffers and revenue-hungry state treasuries.

So many points, but here are a few. (1) At least in regards to the 1993 compacts in Michigan, it won’t happen. Those compacts came about as a result of a negotiated settlement and consent decree. (2) This is a pretty crass effort to get an issue on the Supreme Court’s radar, where there are no other splits in authority because states simply have not waived their 11th Amendment immunity. (3) How many times in one paragraph can one assert that states are desperate for tribal gaming revenues (implying, I think, that the judge thinks states are entitled to them)?

If, and it’s a huge if, another circuit decides a revenue sharing case, and that decision rejects the Rincon Band majority’s reasoning, then it will be a matter for the Supreme Court. Not before.

Mark Trahant on Detroit’s Indian Health Clinic…

And our own Jerilyn Church, ILPC’s former program director!

Here:

DETROIT – It’s hard to communicate the failure of public policy in this great American city (especially in a few hundred words). A drive around town highlights the consequences from decades of neglect: Abandoned and burned out homes, office buildings as ruins (and dangerous playgrounds), near-permanent unemployment, and thousands of empty lots capped with mounds. These mounds are burial sites of sorts because when a building was destroyed the rubble was left in a pile until time and grass shaped each into a small hill.

Yet the geography of despair includes many seeds of hope.

One east side neighborhood is transformed by inspiring folk art that brings humor and zest to several city blocks through The Heidelberg Project. Or there is the Community Health Awareness Group’s efforts to exchange needles so that drug users on the streets won’t as easily share disease. The program resulted in a drop of HIV infections from drug users from 33 percent to 17 percent. (And that, too, is the paradox because while an exchange is effective, it’s also difficult to fund). Then there’s the Earthworks Urban Farm. Detroit is a city without large chain grocery stores – only discount stores and “party stores,” or neighborhood enterprises that sell more liquor than protein. Access to fresh fruit and vegetables is a regular barrier for a family trying to eat healthier. But at Earthworks more people – at least in this one neighborhood – are growing their own access to healthy foods.

The trip was a Kaiser Family Foundation site visit for media fellows. We looked at Detroit and its health system in depth. Before the trip, I expected the unfamiliar, an urban landscape that was different and bleak. But I quickly found there is a connection with the policy failures found here with those from Indian Country. At the end of that rope: Deep, structural poverty and a health system where disparity is dismissed casually, as if it’s a fact that must be. To me that reflects a serious shortage of money from the state and federal governments – and just as important – a policy deficit where ideas, innovation and execution don’t get the support that’s needed.

Consider the tale of two clinics.

American Indian Health and Family Services helps the 57,000 Native Americans living in the greater Detroit area. Services are delivered at an old church and rectory donated by the Detroit Archdiocese in 1993. Jerilyn Church is the executive director of AIHFS. She’s Minnecoujou Lakota, born and raised on the Cheyenne River Sioux reservation in South Dakota. When she moved to Detroit she says she “wasn’t prepared” for the same type of unemployment as back home on the reservation.

“Yet despite our surroundings, we get a lot done with little resources,” Church says. “We could write a book about it.”

Continue reading

MSU Indigenous Law and Policy Center Alumni Reunion Event — April 21 @ 3PM

Supreme Court Nominee Shortlist Part 2 — Gov. Jennifer Granholm & Harold Koh

This edition of our review of the Supreme Court nominee shortlist is short (because I’m on my way to a faculty meeting) — and is just two persons, neither of whom is a sitting judge making the objective judgment that much harder. Part I is here.

4. Gov. Jennifer Granholm

We got excited about her a year ago when some excitable people in Lansing heard she was going to D.C. for a high-level, public appearance with President Obama (turned out to be something else related to the auto industry).

Gov. Granholm has been the governor of the State of Michigan for nearly two full terms.

She has signed the following agreements with Michigan tribes:

And issued an executive directive on inter-governmental relations with Indian tribes in 2004.

Her administration has negotiated and signed several Class III gaming compacts (LTBB, Gun Lake, and LRB, to name a few), as well as a few off-reservation gaming agreements couched as land claims settlements (BMIC and Sault Tribe).

In short, a long record with dealing in Indian affairs in Michigan. Some say she’s only interested in tribes as a cash cow. Some say she’s outstanding. Some say both (like me).

5. Harold Honju Koh, Legal Advisor to the Secretary of State

As far as I can tell, he has no Indian law experience at all, save one case — a NAFTA arbitration involving a claim by Six Nations Grand River Enterprises, a Indian-owned enterprise located in Ontario that does business importing smokes into Indian Country. Koh gave the opening argument in the arbitration. His comments are not yet public, though will be eventually. But the gist is that the Obama Administration is committed to tribal sovereignty, except in regards to the exercise of tribal sovereignty to sell tobacco (something observers of the PACT Act already knew).

More to come.