Hugh Theut Appointed Incoming Editor-in-Chief of Michigan State Law Review

Here:

As the 2021-22 academic year draws to a close, the passing of the torch is happening among many student organizations and leadership groups at the College of Law.

Michigan State Law Review, the law school’s flagship journal, begins the process each spring by hosting elections to determine a new executive board for the coming year. The result of the recent vote appointed rising 3L Hugh Theut, ’23, as the new Editor-in-Chief (EIC) of Law Review.

“Getting on Law Review is such a big accomplishment to me,” Theut explained, “and then to go through the elections process and make it to EIC, I think it’s very humbling.”

Theut joined Law Review with the goal of adding strong legal writing skills to his learned ability for advocacy. He studied political science at the University of Iowa, where he also minored in rhetoric and persuasion. His minor allowed Theut the opportunity to engage in public speaking and serve as an advocate, ultimately motivating him to pursue a law degree. He comes from a family of practicing attorneys, so the idea was always on the table, but Theut explained that “by the time I got to undergrad, I found a niche for (the law) and enjoyed it.”

Originally from Michigan’s Upper Peninsula and a citizen of the Mackinac Bands of Chippewa and Ottawa Indians, Theut returned to his home state after receiving his bachelor’s degree. He chose to continue his education at MSU Law, “I thought it was a great law school coming in, and now I feel as though I made the right decision,” he said. Continuing, Theut said, “The school has provided me with every opportunity to succeed, including a summer associate position with Kerr Russell I landed through the school’s on campus interview process.”

Outgoing Editor-in-Chief, Brandon Cross, ’22, has supported Theut during the leadership transition. “He’s been super helpful, bringing me up to speed,” Theut said. “His advice was to work closely with Professor David Blankfein-Tabachnick, stay on the ball, and don’t get behind. Be ready for anything.”

Professor Blankfein-Tabachnick serves as Michigan State Law Review’s faculty advisor, and he celebrated Theut’s appointment: “Becoming Editor-in-Chief of the Michigan State Law Review is among the highest honors a student at our Law College might achieve. Hugh is an extraordinarily bright and tremendously capable person. As a student, he has been an absolute star.”

“Hugh will continue the excellence that has been the journal’s marquee, building on the superb work of previous EIC’s. Most recently, Brandon Cross, whose tireless and outstanding work and commitment to the journal has been just astonishing,” he added. “We all owe Bran and his team a huge thank you and look forward to working with Hugh and his incoming team as they take on the leadership of one of Michigan State University’s many crown jewels.”    

As Theut prepares to take on more responsibility in his new role with Law Review, he is excited for what the year ahead will bring.

“I look forward to working with Professor Blankfein-Tabachnick. I think he’s phenomenal. I had him for Tax last semester, and he was great,” Theut said. “I also talked to the previous Editor-in-Chief before Bran, Kylee Nemetz, and she had a lot of great things to say about the position. … I just feel incredibly lucky.”

Sault Tribe En Banc Petition in Trust Land Acquisition Case

Here is the petition in Sault Ste. Marie Tribe of Chippewa Indians v. Haaland:

Panel stage materials here.

Saint Mary’s [i.e. Sault Sainte Marie] Canal celebration, reviewing stand and Indian village

Tribal Brief in Michigan Public Service Commission Case Involving Enbridge Line 5

Here:

Mackinac Island 2020

DFP: “Detroit police break up Native sugarbush ceremony, saying ‘sovereign stuff is not valid’”

Here.

American Indians. Saturday School held at Franklin Elementary School, 1333 Pine, Detroit, which teaches indian language, arts, dance and offers to help in math and reading. c. 1970s

TODAY — Michigan Law Review Colloquium: “New Visions of Civil Rights Lawyering” [includes Fletcher & Singel on ICWA]

Here (zoom webinar link here):

Fletcher and Singel will discuss their forthcoming paper, “Lawyering the Indian Child Welfare Act.”

Michigan Federal Court Declines to Enjoin State Court Action against Kewadin Casinos [Sault Tribe]

Here are the updated materials in Kewadin Casinos Gaming Authority v. Draganchuk (W.D. Mich.):

Prior post here.

Law360 reports the state court held the tribe in contempt for failure to respond to discovery requests. Everyone’s got a litigation strategy, I guess. You can watch the hearing below.

Sault Ste. Marie, MI

Sault Tribe Sues Lansing Casino Development Partner in Federal Court to Stop State Court Action that is Apparent Repeat of Prior Federal Court Action

Here are the materials so far in Kewadin Casinos Gaming Authority v. Draganchuk (W.D. Mich.):

1 Complaint

1-2 Turn-Key Agreement

1-3 Amended Agreement

1-4 NIGC Letter

1-5 State Court Complaint

1-6 State Court Motion for Contempt

1-7 State Court Hearing Transcript on Motion to Dismiss

1-8 State Court Motion to Compel

1-9 State Court Denying Summary Disposition for Kewadin

1-10 State Court Order Denying Motion to Dismiss by Kewadin

1-11 State Court Order re Discovery Motion

1-12 State Court Order to Show Cause

1-13 State Court Motion to Dismiss

1-14 State Court Response to Discovery Motion

3 Motion for TRO

It woulda been pretty.

Prior federal court suit here.

Last Friday’s D.C. Circuit opinion explains one of the many reasons the Lansing casino project died.

 

Split D.C. Circuit Rules against Sault Tribe in Mandatory Trust Acquisition Appeal [“shall” does not mean “shall”]

Here is the opinion in Sault Ste. Marie Tribe of Chippewa Indians v. Haaland.

Briefs here.

For commentary on legal analysis by reading the dictionary, see Joseph Kimball’s work on the Michigan Supreme Court’s use of dictionaries.

National Archives

Jim Keedy Walks On

Jim Keedy testifying before the Senate Indian Affairs Committee in 2007.

Traverse City Record-Eagle notice here. From the statement issued by Michigan Indian Legal Services:

Jim Keedy was living proof of how fine a person can be. He was an excellent boss to the people and programs in his charge and a devoted husband to his wife, Cathy. He was also a good friend to many and a great colleague. The character of his life might be summed up in a few words: sincere, earnest, loyal.
 
Jim was a long-time poverty law attorney and was dedicated to the ideal of accessible legal aid, developing extensive outreach programs for Native rural communities in remote areas. He was also passionate about the importance of children being able to remain in their families and was an early champion for parents under the Indian Child Welfare Act and the Michigan Indian Family Preservation Act. Under Jim’s leadership, MILS provided assistance to 5 tribes obtaining federal recognition – the government-to-government relationship that allows for tribes to be able to successfully provide for their communities. He also believed in responsible government and was a champion for the individuals facing the weight of the system on them in tribal court cases. We will long remember Jim’s tenacity, and ability to meet difficult challenges.
 
Jim was a brilliant and visionary leader who achieved recognition for his work in the underserved Native American communities. Jim was the proud recipient of State Bar of Michigan American Indian Law Section’s Tecuseh Peacekeeping Award in 2004; the State Court Administrative Office (SCAO) Foster Care Review Board’s Parent Attorney of the Year in 2018; the National Legal Aid and Defender Association’s Pierce-Hickerson Award also in 2018; and the Michigan State Bar Foundation’s Access to Justice Award in 2020.
 
As Executive Director at Michigan Indian Legal Services for over 30 years, Jim led his staff in such a way that he exemplified leadership. He gave inspiration to his team and others he worked with. The Jim we remember was always courteous, kind, and generous. He had a beautiful smile, a sense of humor, and a gentle demeanor.
 
Jim was a genuinely wonderful individual—one we will miss greatly. As an attorney, Jim worked with passion, integrity, and honor. By his death, all the people who knew him will miss a brilliant individual with a rare friendliness and charm of personality. Our sorrow is slightly lessened with the comforting thought that we had the privilege of knowing him.
 
 
Baa Maa Pii, Jim.

Jim was a well-known figure in Michigan Indian country. I first became aware of him when he worked on the federal recognition for the Pokagon Band of Potawatomi Indians. He testified before Congress in 1993 and 1994 in support:

Herald-Palladium, Sept. 1, 1993
1993 House testimony
Continue reading

Split Sixth Circuit Vacates Conviction and Sentence of D.V. Perpetrator of Saginaw Chippewa Tribal Citizens

Here are the materials in United States v. Johnson:

CA6 Opinion

Opening Brief

US Brief

Reply

 

The University of Michigan federal appellate clinic represented the appellant.