News

NARF Press Release: REDSKINS GROUP INFRINGES ON NARF TRADEMARK

Matthew L.M. Fletcher

REDSKINS GROUP INFRINGES ON NARF TRADEMARK

It has recently come to the attention of the Native American Rights Fund, also known as NARF, that a group variously calling itself “Native American Redskins Fans” and “Native American Redskins Family” is improperly holding itself out as “NARF,” in support of the continued use of the racially derogatory name used by the Washington D.C. National Football League franchise, and against which NARF has long battled.

This cynical use of NARF’s trademark has caused confusion both inside and outside of Indian Country, and NARF would like to set the record straight: NARF does not advocate, nor has it ever advocated, for the use of the name used by the Washington NFL football team.

For over twenty years, NARF has publicly denounced use of the name, supporting and participating directly in various legislative and litigation efforts to put an end to use of this offensive name. “Race-based stereotyping and behaviors in sports persist today,” said John Echohawk, NARF’s Executive Director, “including, in particular, the racially derogatory name of the ‘Washington Redskins’ professional football organization. NARF has long worked, and will continue to work, to put an end to this racial slur masquerading as a team name.”

Having been publicly known as NARF for over 40 years, NARF’s superior legal rights to use its name and trademarks (and to exclude others from doing so) cannot be questioned, and NARF will use all means available to protect its name from misappropriation by others. Legal counsel representing NARF have sent cease-and-desist letters demanding a halt to this infringement on a website misappropriating its “NARF” trademark, and reserving NARF’s rights to take legal action.

Founded in 1970, the Native American Rights Fund is the national Indian legal defense fund dedicated to asserting and defending the rights of Indian tribes, organizations and individuals nationwide. NARF’s legal advocacy is concentrated in five priority areas: the preservation of tribal existence; the protection of tribal natural resources; the promotion of Native American human rights; the accountability of governments to Native Americans; and the development of Indian law and educating the public about Indian rights, laws, and issues. See our website — http://www.narf.org.

Alaska Natives Win Major Voting Rights Case

Matthew L.M. Fletcher3 Comments

Here is the press release:

Toyukak Press Release

We posted some materials from this case, Toyukak v. Treadwell (D. Alaska), here.

NPR Story on Indian Child Welfare Human Rights Crisis in South Dakota

Matthew L.M. Fletcher

Here is “Justice Department Supports Native Americans In Child Welfare Case.”

Heather Kendall-Miller & Lloyd Miller: GOP candidate a threat to Native rights

Matthew L.M. Fletcher2 Comments

From Indianz:

Now that the primary is over and Dan Sullivan is the Republican nominee running against Alaska Senator Mark Begich, it’s time to closely examine his record on issues of import to Alaska Natives. The Native community has long assessed political candidates based on their positions on subsistence, tribal sovereignty, Indian child welfare, and voting rights. In each of these areas, Dan Sullivan’s record is clear: he is a staunch opponent of Native rights.

Perhaps no issue is of greater importance to Alaska Native people than the right to hunt and fish according to ancient customary and traditional practices, and to pass on the subsistence way of life to future generations. Dan Sullivan has aggressively opposed subsistence interests through litigation, legislative initiatives, and support for state policies that marginalize tribal voices.

As Governor Sarah Palin’s Attorney General, Sullivan waged war on subsistence rights by carrying on the Katie John litigation and seeking to overturn a prior court decision affirming the federal government’s retained authority to manage subsistence fisheries in Alaska. As most Alaskans know, Katie John was a revered Ahtna elder who fought tenaciously to protect her right to subsistence fish on her Native allotment in the Wrangell-St. Elias National Park and Preserve.

Attorney General Sullivan joined the ranks of past Indian fighters who argued that the subsistence protections established under the Alaska National Interest Lands Conservation Act should be narrowed to exclude vast stretches of Alaska waters from subsistence fishing, in favor of sport and commercial fishing. Had it been successful, the appeal would have dismantled the Federal Subsistence Board’s authority to prioritize subsistence fishing over other uses when resources become limited. Fortunately, both the U.S. Court of Appeals for the Ninth Circuit and the U.S. Supreme Court rejected the state’s attack.

Sullivan’s hostility to Native interests continued when Governor Sean Parnell moved Sullivan over to be the Commissioner of the Alaska Department of Natural Resources. As Commissioner, Sullivan led the charge in adopting a new Bristol Bay Area Plan which reclassified land use planning for state land at the Pebble Mine deposit as solely mineral land, omitting any land use for subsistence hunting and fishing purposes in an area central to subsistence in southwest Alaska.

Continue reading →

DEPARTMENT OF JUSTICE RELEASES SECOND REPORT TO CONGRESS ON INDIAN COUNTRY INVESTIGATIONS AND PROSECUTIONS

Matthew L.M. Fletcher

DEPARTMENT OF JUSTICE RELEASES SECOND REPORT TO CONGRESS ON INDIAN COUNTRY INVESTIGATIONS AND PROSECUTIONS

 

Report to Congress is Requirement under the Tribal Law and Order Act of 2010

 

WASHINGTON – The Department of Justice released today its second report to Congress entitled Indian Country Investigations and Prosecutions, which provides a range of enforcement statistics required under the Tribal Law and Order Act of 2010, as well as information about the progress of the Attorney General’s initiatives to reduce violent crime and strengthen tribal justice systems. 

 

The report, based on data compiled from the case management system used by U.S. Attorney’s Offices (USAO), shows prosecutors in 2013 continued to bring substantial numbers of cases to federal court (a 34 percent increase over FY 2009 numbers) and prosecute a substantial majority of all cases referred to them.  Of the cases that were declined for federal prosecution, most were declined for insufficient evidence or because they were referred to another prosecuting authority, such as the tribe, for potential prosecution.  

 

“As detailed in this report, the Department of Justice is making good on our commitment to strengthen cooperation with sovereign tribes, reduce violent crime, and ensure justice for every individual,” said Attorney General Eric Holder.  “From our work to empower Indian women under the landmark Violence Against Women Reauthorization Act, to the task force we established to safeguard children in Indian country from violence and abuse, we have made significant strides – in close partnership with tribal nations – to bolster the safety and security of all American Indian and Alaska Native communities.   As we move forward, we will continue to expand on this critical work; to deepen our ongoing efforts; and to reaffirm our dedication to the promise of equal rights, equal protection, and equal justice for all.”

 

Although declination rates are an imperfect means of evaluating the effectiveness of criminal justice in Indian country or elsewhere, the report shows that with few exceptions, areas where the largest populations of American Indian people live and suffer from the most serious crime rates, such as the Southwest and the northern plains states (which together handled approximately 70 percent of the 2,542 cases resolved in 2013), federal declination rates were the lowest in the nation.  For instance, South Dakota had the second to highest number of cases resolved in the country last year, 470 cases, and one of the lowest declination rates of 26 percent.  Arizona resolved the highest number of cases, 733 cases, and had a declination rate of 28 percent.

 

Associate Attorney General Tony West announced the findings in remarks to the Four Corners Indian Country Conference today on the Navajo Nation in Flagstaff, and met separately with the Attorney General’s advisory subcommittee on Native American issues to discuss the report, among other matters.

 

“We are witnessing an unprecedented era of collaboration among U.S. Attorneys’ offices and tribal law enforcement and prosecutors across the country,” said Associate Attorney General West.  “This report shows the fruits of this continuing partnership between the federal government and American Indian tribes, including enhancing training and capacity building for tribal court systems and improving responses to victims in Indian country.”

 

“Over the past five years, the Justice Department and our tribal partners have taken important steps forward on our journey toward a safer Indian Country,” said Timothy Purdon, U.S. Attorney for the District of North Dakota and chair of the Attorney General’s advisory subcommittee on Native American issues.  “Vigorous enforcement of federal laws is vitally important to strengthening public safety on American Indian reservations.  We are pleased to see in this report that U.S. Attorney’s Offices across the country continue to work hard to remove the most dangerous offenders and work closely with tribal law enforcement and prosecutors.  These promising numbers are the direct result of this enhanced communication and collaboration.” 

 

“The FBI continues to be committed to public safety in Indian Country,” said FBI Assistant Director Joseph S. Campbell. “Our partnership with federal, state, local, and tribal agencies remains strong as we continue to aggressively address violent crime and victimization in tribal communities.”

 

The information contained in the report shows the following: Continue reading →

U.S. Sentencing Commission Tribal Issues Advisory Group

Matthew L.M. Fletcher

From Mary Smith at NABA:

The Sentencing Commission recently published a Federal Register notice seeking comment on the possible formation of a Tribal Issues Advisory Group.  Links to that notice and a new publication on Native American federal offenders are below:

http://www.ussc.gov/sites/default/files/pdf/amendment-process/federal-register-notices/20140814_TIAG.pdf

http://www.ussc.gov/sites/default/files/pdf/research-and-publications/quick-facts/Quick_Facts_Native_American_Offenders.pdf

The group is soliciting comments widely and would welcome comment from the Native American community.

PDFs:

20140814_TIAG

Quick_Facts_Native_American_Offenders

NYTs: “Rarest Native Animals Find Haven on Tribal Lands”

Matthew L.M. Fletcher

Here.

Mark Chavaree Op/Ed on Penobscot River Suit

Matthew L.M. Fletcher

Here is “Penobscot Nation suing Maine to fight for namesake river.”

Mark Chavaree is a member of the Penobscot Nation and serves as the tribe’s General Counsel. He grew up on Indian Island and resides there with his family.

NSF funds pilot project aimed at increasing the number of American Indians and Alaska Natives faculty members

Matthew L.M. Fletcher

Here. An excerpt:

The National Science Foundation (NSF) is funding a new pilot project designed to increase the representation of American Indian and Alaska Natives in tenure track positions.

This pilot project will provide varied types of supportive resources to a select group of American Indian and Alaska Native students who are studying science, technology, engineering or mathematics (STEM) at U.S. colleges and universities. These resources will provide participating students with motivating encouragement, practical skills and intellectual experiences that will help compel them to stay in their chosen STEM field–so that they will earn the necessary academic credentials to land tenure track positions at U.S. colleges and universities.

NSF is awarding $1.5 million over five years to the American Indian Science and Engineering Society (AISES) to implement the pilot program, which is called “Lighting the Pathway to Faculty Careers for Natives in STEM.”