Michigan Indian

GTB Supports Deer Baiting Ban

Matthew L.M. Fletcher4 Comments

From the TC Record-Eagle:

TRAVERSE CITY — Some Michigan politicians want to lift a ban on using bait to lure deer during hunting season in lower Michigan.

State officials banned baiting over fears it could help spread a deadly deer disease, but politicians who oppose the restriction said those who grow and sell bait crops could suffer financially.

State Sen. James Barcia, D-Bay City, plus state Reps. Joel Sheltrown, D-West Branch, and Jeff Mayes, D-Bay City, sponsored similar resolutions in the Michigan legislature this week to urge state officials to rescind a ban enacted after a deer at a private ranch in Kent County tested positive last month for chronic wasting disease.

The politicians contend state officials overreacted.

***

Not everyone agrees.

The Grand Traverse Band of Ottawa and Chippewa Indians supports the baiting ban. Michigan’s wild deer herd is a valuable natural resource for the public and the tribe, said Hank Bailey, a tribal fish and wildlife technician and elder tribe member.

“If they bow to this, they are jeopardizing that resource,” Bailey said, adding he fully expected politicians to meddle in the decision.

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Kudos to Bruce Greene

Matthew L.M. Fletcher

I understand the Michigan State Bar Indian Law Section will be awarding its Tecumseh Award to Bruce Greene today at the state bar meeting at 2 PM.

Bruce was lead counsel in the famous trial of the century (in Michigan Indian law anyway) — United States v. Michigan in the 1978. He also was lead counsel for the consortium of tribes that negotiated the 2002 Michigan tribal-state tax agreements.

Talk on John Voelker/Robert Traver’s “Laughing Whitefish” on Sept. 27

Matthew L.M. Fletcher

As part of the celebration of the 50th anniversary of the publication of Robert Traver’s Anatomy of a Murder, I will be giving a presentation on Traver’s novel, “Laughing Whitefish,” which is based on the three Michigan Supreme Court cases involving Marji Kobogum’s daughter Charlotte, aka Laughing Whitefish.

The presentation is at the Library of Michigan, on Sept. 27, 2008:

11:10 a.m. to 12:00 p.m.
Session A:  Laughing Whitefish
Forum Auditorium
John D. Voelker’s courtroom drama Laughing Whitefish tells the story of a young Chippewa woman’s struggle to collect a debt owed to her father by the Jackson Ore Company.  It is based on a case that went before the Michigan Supreme Court three times in the 1880s before it was resolved. This session will discuss the book, the actual Kawbawgam case and their impact on Michigan Native Americans.

Here are the legal materials in the case:

kobogum-v-jackson-iron-1889

compo-v-jackson-iron-1883

compo-v-jackson-iron-1882

Michigan COA Case on ICWA

Matthew L.M. Fletcher

The details of the case are recounted here.

The case is here, and captioned Empson-LaViolette v. Crago, and involves Pokagon Band Potawatomi tribal members.

More LRB News on Off-Reservation Casino Proposals

Matthew L.M. Fletcher

From Business Review Western Michigan:

Rumblings of a new casino in West Michigan grew louder last week when Fruitport Land Development announced it sold 93 acres in Fruitport Township to the Little River Band of Ottawa Indians.

The tribe, which owns and operates a casino in Manistee, has not firmed up plans or received approval to proceed, according to tribal Public Affairs Director Glenn Zaring.

“We are currently going through the steps to explore establishing a casino on the property but are examining a number of development options, as well,” Zaring said.
Everything is still on the table, he added.

The acreage sold for $4.074 million, according to Township Assessor Lesli Lehner. The land fronts Sternberg Road and, although Lakes Mall is on the opposite side of Sternberg, it is undeveloped and without utilities, she said.

On July 16, the tribe closed on the former Great Lakes Downs racetrack property, and the next day it closed on 53.58 acres south of the 87-acre racetrack property. The most recent buy is southeast of the 53-plus acres, formerly owned by Horizon Group Properties, and the parcels connect at one corner, Lehner said.

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Christopher Wetzel on the Potawatomi Nation

Matthew L.M. Fletcher

MSU AISP is hosting a talk by Dr. Christopher Wetzel on the rebirth of the Potawatomi Nation. Here is the flyer.

The talk is on September 18.

Ottawa Tribe v. Ohio Dept. of Natural Resources — Sixth Circuit Materials

Matthew L.M. Fletcher

Please see our previous post on this case here (it links to the briefs and other materials in the lower court).

Here is the Ottawa Tribe’s opening brief: appellant-brief

And here is the amicus brief signed by the National Congress of American Indians and several Michigan tribes on the laches question: brief-amici-curiae

Supreme Court Declines to Lift Gun Lake Stay

Matthew L.M. Fletcher

From TV:

ALLEGAN COUNTY, Mich. (NEWSCHANNEL 3) – The Chief Justice of the Supreme Court has dealt a blow to the West Michigan tribe trying to build a casino near Wayland.

Justice John Roberts has denied the tribe’s request to vacate a stay issued by a Washington DC circuit court. That court said that the tribe would have to wait until after the Supreme Court hears the latest challenge from the anti-gambling group MichGO.

Many speculate that Roberts’ decision is an indication that the court will hear that challenge, but that may not happen until sometime in 2009. So, for now, the Gun Lake Tribe has to wait and cannot start construction on the casino in Allegan County.

“Many speculate?” Since there has not even been a cert petition filed yet, I don’t see any reason to speculate on anything yet.

Jack Abramoff Sentencing Materials

Matthew L.M. Fletcher

Indianz reports that the sentencing hearing for Jack Abramoff is tomorrow. Here are the two pleadings submitted to the court involving sentencing. The government’s memo details Abramoff’s fraudulent dealings with Indian tribes.

government-sentencing-memorandum

abramoff-memorandum

“American Indian Education” Profiled by ICT

Matthew L.M. Fletcher

From ICT:

TEMPE, Ariz. – Matthew L.M. Fletcher is an associate professor at Michigan State University College of Law and he is the director of the Indigenous Law and Policy Center. He recently published, ”American Indian Education: Counternarrative in Racism, Struggle, and the Law” through Routledge. He graduated from University of Michigan Law School.

Indian Country Today: Why did you choose to pursue a career in law?

Matthew L.M. Fletcher: I just want to be able to contribute something to the community and I also was thinking in different ways, even before I started college, what I could do. I had talks with people who are from my community and elders from Michigan who talked a lot about how in the ’70s and ’80s, the big treaty fishing cases were going on and people were really happy with the outcomes with those cases but they were sad to see all the litigation conducted and organized and control by people that were not from the community.

ICT: Do you feel like you have helped your tribe?

Fletcher: I feel like I’ve contributed something and I continue to contribute something. My whole life will be a process of contributing. I think it has been real good.

ICT: What is the future of Indian law?

Fletcher: It’s interesting. The ’70s and ’80s were about litigating treaty rights. The key for Indian lawyers is not so much about going to court but it’s about developing governmental structures within the tribe which is what lawyers do. It’s actually a folly to go to federal courts now. All you have to do is ask anyone who does any kind of litigation in federal court if you’re representing a tribe or tribal interest you can’t expect to win. It’s going to be that way for a long time. The thing that you see is institution building within Indian country. There are some incredible things going on that are not getting a lot of attention. There is a lot of creativity with people bringing back indigenous culture and tradition.

ICT: How would you define sovereignty?

Fletcher: My view of sovereignty is that it is the right to make your own mistakes and to decide things for yourselves. That is really what it is about. Tribes have the wherewithal, the ability and the legal authority to pursue different avenues of governance. They are going to do something where everyone shakes their heads, and then they are going to do other things where people are going to just say, ”Wow.” There is an incredible amount of diversity and creativity going on right now.

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