Jurist Article on Off-Reservation Gaming by Current ILPC Student

Congrats, Gerald!

Here.

Before the Sault Tribe receives federal approval, the following questions need answers: Does MILCSA mandate that the secretary take into trust lands purchased with interest or other income from the Fund? If the land is purchased with principal from the Fund, will it be held in restricted fee by operation of law? Is the purchase of the Lansing property a consolidation or enhancement of landholdings, or other permissible use of the Fund? Finally, the Sault Tribe will have to demonstrate that they will exercise governmental authority over the Lansing casino site. Given these complex issues, the Sault Tribe’s proposal is poised to set significant precedent in the evolving field of off-reservation gaming.

Gerald Carr is a third-year student in the Indigenous Law Program at Michigan State University College of Law. He holds a Ph.D. in Cultural Anthropology, specializing in the languages and cultures of Native North America.

Update in Patrick Devlin Suit against Michigan Gaming Control Board

Here is today’s Sixth Circuit opinion in Devlin v. Kalm.

An excerpt:

Plaintiff Patrick J. Devlin appeals the district court’s order granting Defendants’ motions to dismiss based on the abstention doctrine and the court’s denial of Plaintiff’s motion for default judgment. Plaintiff argues that his termination from the Michigan Gaming Control Board was retaliatory in violation of his First Amendment rights under 42 U.S.C. §§ 1983, 1985, 1986, and 1988 and his due process rights, after he made disparaging remarks to the press about the Michigan Attorney General and the application of the state’s gaming laws to Native American tribes.

Derek Bailey Appears to Have Lost the Dem. Primary for the 101st State House Seat

Here are the unofficial returns.

Benzie County went to Derek Bailey over Alan O’Shea 727-294.

Leelanau County went to Bailey 782-513.

Mason County went to O’Shea 418-257.

Manistee County went to O’Shea 1449 to 635.

 

IPR on Derek Bailey Campaign for State House

Here.

BSSN 2012 Symposium on October 9, 2012 at Pokagon Four Winds Casino

PDF

Pokagon Band Potawatomi Prosecutor Position Posting

The Pokagon Band of Potawatomi Indians, a federally recognized tribe in Southwest Michigan and Northwest Indiana is seeking a full-time Prosecutor / Presenting Officer. Under the administrative supervision of the General Counsel, the Prosecutor/ Presenting Officer provides criminal and civil law enforcement services to the Band, presents child protection and custody matters in the Pokagon Band Tribal Court, and represents the Band in child custody matters in state courts.  Occasional travel within and outside Michigan and Indiana will be required.

General Position Requirements:

  • 5 – 10 years of experience as a practicing attorney in one or more legal fields relevant to the principal duties of the Prosecutor / Presenting Officer.
  • High level of written and oral communication skills and superior ability to advocate and persuade.
  • Exceptional ability to think on feet and to identify and analyze legal issues and present legal theories.
  • Highly independent and organized and able to manage significant number of active matters simultaneously.
  • Licensed and member in good standing of the State Bar of Michigan.
  • Demonstrated high academic achievement with a 3.0 GPA or higher.
  • Valid driver’s license and able to meet minimum insurance requirements in order to use GSA vehicles.
  • Employment is contingent upon the satisfactory completion of a criminal background investigation and submission to drug and alcohol testing by urinalysis.
  • Never have been convicted of a felony.
  • Have experience in, or within three months of appointment, have training in prosecutorial skills equivalent to training required for prosecutors in Michigan.

Preferred candidates will:  (1) display demonstrated commitment to Indian affairs as shown through significant experience working with Indian tribes or in the area of Indian affairs, including familiarity with the Indian Child Welfare Act, and (2) have previous prosecutorial experience within the Pokagon Band’s ten (10) county service area consisting of the Michigan counties of Allegan, Berrien, Van Buren and Cass and the Indiana counties of La Porte, St. Joseph, Elkhart, Starke, Marshall, and Kosciusko.

Salary is commensurate with demonstrated achievement, experience, and credentials.

For additional information on this position, including the full job description and how to apply, please visit our Careers page at www.pokagonband-nsn.gov/career_opportunities.aspx.

Michigan Bar Journal Article on Michigan Taxes and Indian Tribes

Here.

Update in In re Greektown Holdings

Creditors fighting over the carcass:

Greektown Settlement Order

War of 1812 Reenactment at Fort Mackinac

Yesterday, we traveled to Mackinac Island (Turtle Island) to view the reenactment of the opening “battle” of the War of 1812, where a group of several hundred Indians, British veterans (described as victims of “unconquerable drunkenness”), and French voyageurs (many not wearing any shoes), took the fort from the Americans without a shot. It is true that the terror of seeing hundreds of Indians in the woods outside the fort forced the Americans to surrender quickly.

Eric Hemenway was one of the speakers introducing the event, and as always gave a delightful and informative talk about what the event meant to Michigan Indians.

Here are a few pics: Continue reading

LTBB Tribal Council Votes Down Same-Sex Marriage Amendment, but Debate Continues

An excerpt from the Petoskey News:

The motion to approve the amendment failed on a 4-5 vote, but a second vote — passing 5-4 — put the entire tribal marriage statute that defines marriage as between a man and a woman up for legislative review.

The amendment would have made the tribe the first in Michigan to allow same-sex couples to wed. Only two tribes in the nation have adopted a similar marriage definition.

The decision would also have skirted a 2004 ballot proposal by Michigan voters that banned gay marriage for the entire state population, because the federal government recognizes tribes’ rights to govern themselves as a domestic nation.

Despite the failed vote, the issue is unlikely to be dropped.

Previous post on the topic is here. Miigwetch to C.D.