Big news!
Here.
Pres. Obama Announces Support for UNDRIP
Big news!
Here.
News
BLT: Cobell Lawyers “Object” to Fee Cap in Cobell Settlement
From the BLT:
The nearly $100 million legal fee cap in a landmark class action in Washington is less than half of the amount the plaintiffs’ attorneys could have received through a contingency fee arrangement, the attorneys for lead class member Elouise Cobell said in court papers.
The plaintiffs’ lawyers representing a class of Native Americans agreed in the settlement to a range of fees between $50 million and $99.9 million—money that will be cut from the roughly $1.5 billion in compensation for potentially hundreds of thousands of beneficiaries. The suit, filed in 1996, challenged the government’s mismanagement of billions of dollars of trust fund assets stemming from private use of Indian land.
The fee cap is a far cry from what the plaintiffs’ attorneys call “fair compensation” for a complex civil case that has dragged on in Washington’s federal trial court with no end in sight. The attorneys, including Washington solo practitioner Dennis Gingold and Kilpatrick Stockton partner Keith Harper, argue that more than $223 million is appropriate for legal fees. Click here for a copy of the plaintiffs’ fee notice.
Detroit News Laments “Low-Rent Casinos” in Editorial re: Bay Mills Vanderbilt Casino Start-Up
A cheap shot from the News:
Editorial: Rolling the dice
Allowing a slot machine hall without state involvement opens door to proliferation of low-rent casinos
The latest tribal casino imbroglio illustrates what a tangled web government weaves when it attempts to determine who will be winners and losers in the marketplace. Five tribes want Michigan to crack down on a new slot machine hall the Bay Mills Indian Community has installed 100 miles south of its Upper Peninsula headquarters near Brimley, arguing it violates the spirit of the law allowing casinos on tribal land.
In a perfect world, casino locations would be based on business prospects. But because gambling is a regulated industry, the state is going to have to wade into this controversy, and Gov.-elect Rick Snyder will inherit the job of negotiating some new ground rules with the Indian communities regarding the proliferation of casinos.
Congrats to Dr. Matthew Van Astine Makomenaw!!!!
From the Univ. of Utah Press Release:
December 13, 2010 — The University of Utah announced today that Matthew Van Alstine Makomenaw, Ph.D., has joined the Office for Equity and Diversity as the director of the American Indian Resource Center (AIRC).
Makomenaw, a member of the Odawa tribe, from the Grand Traverse Bay Band of Ottawa and Chippewa Indians and Little Traverse Bay of Odawa Indians, has extensive experience working with American Indian students in higher education. He was the director of Native American Programs at Central Michigan University, an adjunct faculty member at the Saginaw Chippewa Tribal College and served on the Board of Regents for the Saginaw Chippewa Tribal College.
The American Indian Resource Center provides support to American Indian students toward achieving success in an academically competitive environment as they strive to reach their full potential. As the director, Makomenaw will guide the development and implementation of campus-wide plans for enhancing the success of American Indian students while working with American Indian tribes and nations in the state.
Pokagon Potawatomi and IUPUI Sign Education and Cultural Preservation Agreement
From ICT:
On Nov. 18, in a scene replete with blanket give-a-ways and reminiscent of a treaty signing, the Pokagon Band of Potawatomi Indians entered into a mutual agreement to develop educational and cultural preservation programs on the Indianapolis campus of Indiana University, Indiana University Purdue University Indianapolis.
Historic in many ways, IUPUI became one of the few universities that supports a better understanding and appreciation of American Indian ingenuity, philosophy and contributions-at-large. Most important is the university’s willingness to work closely with the Pokagons and IUPUI American Indian Programs in the development and implementation of these initiatives.
The Pokagons are the only federally recognized tribe in Indiana with a two-state designation of Indian country status in northern Indiana and southern Michigan. Indiana University, with eight campuses in Indiana including the South Bend campus, lies within Pokagon Band access for educational programs.
The full day of events was created to heighten the awareness and understanding on the campus and in the community of the nature of this government-to-government relationship. While many see IUPUI as a state university, the official signing ceremony brought special recognition to the sovereignty of the Pokagon Band of Potawatomi Indians.
GAO Report on Federal Prosecution Declinations
Significantly fewer declinations than some have asserted — namely, the 80 percent figure.
GAO Report “U.S. Department of Justice Declinations of Indian Country Criminal Matters”:
From Indianz:
Federal prosecutors turn down 50 percent of cases in Indian Country, the Government Accountability Office reported.
Between fiscal years 2005 through 2009, 10,000 cases were referred to U.S. Attorney’s Offices. Federal prosecutors resolved 9,000 cases by either filing for prosecution, declining to prosecute or administratively closing the matter.
Of the 9,000 cases, only 50 percent resulted in prosecution. In 2005, the declination rate was as high as 58 percent.
“Declination rates tended to be higher for violent crimes, which were declined 52 percent of the time, than for nonviolent crimes, which were declined 40 percent of the time,” the report said.
The declination rate for sexual abuse offenses was even higher — 67 percent. “USAO officials told us that the difference in declination rates between sexual abuse and assault matters may be the result of the difficulty in obtaining evidence and witnesses in sexual abuse investigations,” the report said.
Kirsten Carlson Article on U.S. Reconsideration of UNDRIP
Here is that article, intended to be an additional supplement to the FBA Indian Law Section Newsletter for Fall 2010.
US Reviewing Its Policy on UNDeclaration on the Rights of Indigenous Peoples
Interlochen Public Radio on the Bay Mills Vanderbilt Casino Controversy
Here.
A small casino that just opened last month in Vanderbilt is already growing. The Gaylord Herald Times reports leaders of the Bay Mills Indian Community are building on to the small facility, even as questions abound over its legality.
Several other Indian nations say it is not legal and that Vanderbilt is not place Bay Mills has any historic claim to. That’s a traditional litmus test with off-reservation gaming.
The state has yet to decide whether the casino is legal.
It’s no more than a few dozen slot machines and even after expansion, it will be just 2,600 square feet. But it’s widely speculated that this is a test case, and that the tribe would like to build in other places, such as Port Huron.
Play the audio above for more on the legal questions, as seen by Matthew Fletcher. He’s a member of the Grand Traverse Band and an Indian law expert at the Michigan State University College of Law. He spoke with IPR’s Linda Stephan.
Obama Signs Cobell Settlement
From BLT:
Obama Signs Indian Trust Legislation: President Barack Obama said legislation he was signing Thursday to implement settlements with American Indians and black farmers was about American principles of “fairness and equality and opportunity.” TPMMuckraker has the story of the signing.
Violence Against Indigenous People in Easter Island, Chile
Here’s the information, as reported by Robert Miller’s blog.
Dozens Hurt in Easter Island Disputes
More Violence in Rapa Nui
Turtle Talk 
You must be logged in to post a comment.