The Chronicle on Indian Law Centers at Law Schools

Here is an excerpt from “American Indian Law: A Surge of Interest on Campus,” from the Sept. 26, 2008 issue of the Chronicle of Higher Education (article):

Growing up on a Navajo reservation near Gallup, N.M., Jordan Hale never dreamed he would one day be standing in front of a courtroom recommending whether a defendant should be released on bond, or working with a prosecutor to draft a criminal complaint.

Becoming a lawyer was the farthest thing from the mind of the high-school runner whose home, at the end of a dirt road, had no running water or telephone.

***

Tribes have sovereignty rights that are spelled out in treaties with the United States, so their laws don’t always align with the government’s. That is why, for instance, Indian tribes can open casinos that would not be permitted on nontribal land.

“More and more law schools are recognizing the importance of including Indian law in the curriculum because their graduates are encountering questions that require some knowledge of Indian law and sovereignty,” says Wenona T. Singel, an assistant professor of law at Michigan State University. Like many Indian law professors, Ms. Singel brings practical experience to the classroom. In addition to helping lead her law school’s Indian-law program, she serves as chief justice of her tribe, the Little Traverse Bay Bands of Odawa Indians.

She says about 20 law schools nationwide report having Indian-law programs, while other experts say the number of full-fledged programs is about 12. Among the other law schools active in Indian law are those at Harvard University, Lewis and Clark College, and the Universities of Colorado, New Mexico, Washington, and Wisconsin.

Learning the basics of tribal law is more than an academic exercise for many law students.

A few states, including New Mexico, South Dakota, and Washington, have Indian-law topics on their bar exam that students must pass to practice law. Others, including Arizona, Idaho, Minnesota, Montana, and Oklahoma, are considering adding such a requirement.

MSU Conference: Neocolonial Inscription and Performance of American Indian Identity in American Higher Education: Oct. 16-17

The conference will attempt to address and review issues of American Indian identity in higher education.  Through this process, we hope to create and expand inter-community, inter-institutional and public dialogue on American Indians in higher education.  The two day conference will examine key issues such as tribal sovereignty, faculty hiring, current university practices allowing self-identification, and explore who should represent American Indians in American Indian higher education programs and departments.

As a result of this conference, we hope to make MSU a better community, a more honest community, a place where diversity engenders not only inclusion in name, but where diversity includes, reflects and respects diverse ways of knowing and thinking, as well as diverse means for reception, delivery and acceptance of cultural competencies and production.

Keynote Speakers:

Dr. Cornel Pewewardy

The Honorable Steve Russell

Website

Indigenous Peoples Day at Michigan State University

NAISO is holding their “Indigenous Peoples Day Rally and Candlelight
Vigil” this evening at 6:00pm at ‘The Rock’, In Honor of the thousands of
Indigenous people who have died since Columbus got lost in America. Please
come out and support them.

I’ll be speaking at this event tonight at 6.

First Annual Native Mens Bicycle Ride — Grand Rapids — Oct. 25


1st Annual Native Mens Bicycle Ride

Grand Rapids, Michigan

October 25, 2008

1:30 pm

Starting point is at Anne and Monroe behind Shell gas station, on White Pine Bicycle Trail. This is a round trip to Rockford. This is a total of 22 miles. Bring your own water bottle!

Ride at your own risk.

For more information contact Jonathan Rinehart @  mkwa35@comcast.net or 616-719-1513

Soo Tribe Selling Greektown

From Indianz:


The Sault Ste. Marie Tribe of Chippewa Indians is trying to find a buyer for the troubled Greektown Casino in Detroit, Michigan.

The tribe owns a majority stake in the commercial facility, which is reorganizing in federal bankruptcy court. A sale is to take place by February 16, though the city is pressing for an earlier date. Greektown is the last of Detroit’s three casinos to put up a complete a required 400-room resort hotel, The Detroit News reported. The paper said a minority owner is interested in buying the casino, which has missed revenue projections and missed loan covenants as part of the bankruptcy proceedings.

Continue reading

Bay Mills Resort & Casino v. Gerbig — Gambling Debt Suit

The Michigan Court of Appeals held that Michigan law relating to accounting and cash handling does not apply to Indian gaming operations, the defense raised by a defendant in a claim by the casino for $23,000 in gambling debts. The trial court had awarded $4000. The COA raised that to the full amount. Here is the unpublished opinion.

More GTB Election Drama

Holy cow! It just won’t stop. 😦

From the Record-Eagle:

TRAVERSE CITY — Yet another challenge has arisen in the Grand Traverse Band of Ottawa and Chippewa Indians’ quest to install a chairman.

On Sept. 24, Derek Bailey defeated two-term incumbent chairman Bob Kewaygoshkum 256 to 186 for the four-year chairman position. That election was scheduled after a tribal court threw out the regularly scheduled May chairman election, in which Kewaygoshkum beat Bailey 233 to 210.

Bailey said it’s his understanding eight people filed nine separate challenges to the recent election, but he couldn’t provide details.

“I do recognize and honor the election challenge process,” he said. “(But) all of these challenges are personal character attacks and, or, are an … attack on the tribal judiciary’s ruling that was reached in August.”

Continue reading

Disaster Response Drill at Lac Vieux Desert Band

State and tribal cooperation in Michigan at its best….

From TV (video):

WATERSMEET — “We need to be aware of what’s going on.  I don’t know, it seems like a lot of people with upper respiratory stuff happening here.”

As Dr. Gary Pusateri addressed his staff at the Lac Vieux Desert Health Clinic Wednesday, his words implied trouble for the small town.  From the waiting room came the sounds of dry coughing and the moans of patients in pain.  It would have been an alarming situation for any small clinic–especially if it were real.

Continue reading

MICHIGAN VOTER REGISTRATION DEADLINE IS MONDAY!

Aanii!  I want to encourage all of Michigan’s tribes to sign up as many new voters as possible in the few days remaining prior to Michigan’s voter registration deadline.  We need a big push over the weekend to register new tribal voters for the upcoming Presidential election.  Indian Country is going to be critical to this closely-contested election and could make the difference in Michigan.

Below is the link for a Michigan Voter Registration Application. It is a PDF file and can be filled out right on your computer. Voter applicants will then have to print out the form and sign it.  I urge all of our readers  – especially elected tribal officials – to forward this link on to people in your communities, and to print out copies of this application and pass them along to people you know.

www.michigan.gov/documents/MIVoterRegistration_97046_7.pdf

Voter applicants can either mail a completed form to their county clerk (who will forward the application to the appropriate township or city clerk) or turn it in, in person, to their township or city clerk.

Here are a couple of things to remember:

1.) The addresses for the different county clerks are on the instruction pages.

2.) Mailed applications must be postmarked by the registration deadline: Monday, October 6th.

3.) First time voters cannot vote absentee unless they register in person by hand-delivering their application to the Township or City Clerk.

4.) The address on the application must match the address on a Michigan driver’s license. If an applicant does not have a valid Michigan driver’s license, or Michigan ID, they can send in a copy of another acceptable form of ID with a current address. These include: Tribal ID cards; copy of paycheck stub with address; copy of utility bill; a copy of any other government-issued ID.

5.) If the applicant does not receive a voter ID card within 3 weeks, they should call their township/city clerk IMMEDIATELY. They may want to keep a copy of their application in case any dispute arises.

Fletcher on “Laughing Whitefish” and Tribal Customary Law

Matthew Fletcher posted “Laughing Whitefish: A Tale of Justice and Anishinaabe Custom” on SSRN. Here is the abstract:

Laughing Whitefish, a novel by Robert Traver, the pen name of former Michigan Supreme Court Justice John Voelker, is the fictionalized story of a case that reached the Michigan Supreme Court three times, culminating in Kobogum v. Jackson Iron Co., 43 N.W. 602 (Mich. 1889). The petitioner, Charlotte Kobogum, an Ojibwe Indian from the Upper Peninsula of Michigan, brought suit to recover under a note issued to her father, Marji Gesick, by the mining company in the 1840s. The company had promised a share in the company because he had led them to one of the largest iron ore deposits in the country, the famed Jackson Mine. Despite the company’s defense that Mr. Gesick was a polygamist and therefore Ms. Kobogum could not be his legitimate heir, the Michigan Supreme Court held that state courts had no right to interfere with internal, domestic relations of reservation Indians, and upheld the claim. Justice Voelker’s tale is a powerful defense of the decision, and offers insights into why state courts should recognize the judgments of tribal courts even today.

book cover of   Laughing Whitefish   by  Robert Traver