Here’s a new report from Borderlands Research and Education, based in Silverdale, WA: Anti-Indianism in Skagit County – 4-15-2012 Having practiced in Skagit County, it’s good to see this sort of sentiment, which I found to be fairly prevalent, brought to light. I mentioned the State Republican Party’s resolution requesting termination of tribal sovereignty, which this report addresses in considerable detail, in one of my articles. See 13 U. Pa. J. Const. L. 737 n.239 (2011).
treaty rights
More Materials on Koniag v. Kanum
Here is a complaint filed by Kurt Kanam against the parties in United States v. Washington in the “Karluk Tribal Court” from last fall:
Federal Circuit Decision Reopening Money Claims against US under “Bad Man” Clause of Treaty of Fort Laramie
Very interesting case to watch. Here are the materials:
US Appellee Brief in Richard v US
An excerpt:
The United States Court of Federal Claims (“Claims Court”) held that a drunk driver who killed two Sioux men on a Sioux reservation was not a “bad man” within the meaning of the 1868 Laramie Treaty, and that in any event, the relevant provisions of the Treaty are no longer enforceable by its beneficiaries. Considering our textual analysis, and because we held in Tsosie v. United States, 825 F.2d 393, 395 (Fed. Cir. 1987), the “bad men” provisions (“‘bad men’ provisions”) of the Fort Laramie Treaty of 1868 (“the Laramie Treaty”) are not limited to persons acting for or on behalf of the United States, and because the Claims Court’s textual analysis and its historical recitations are erroneous or incomplete, the Claims Court improperly dismissed Appellants’ Complaint for lack of jurisdiction. Accordingly, we vacate and remand for further proceedings.
Michigan Indian Legal Services Winter 2011-2012 Newsletter
Here:
MILS_Newsletter_Winter_2011-2012_Edition
Interesting articles on Jay Treaty border crossings and right to counsel in tribal courts. Oh, and MSU ILPC alum Erin McCormick.
Additional Materials in Wild Fish Conservancy v. National Park Service
Here:
25 Fed Defs’ Mot for Partial Dismissal FILED 4-12-2012
25-1 Fed Defs’ Mot for PartialDismissal Ex A FILED 4-12-2012
25-2 Fed Defs’ Mot for PartialDismissal Ex B FILED 4-12-2012
25-3 Fed Defs’ Mot for PartialDismissal Ex 3 FILED 4-12-2012
25-4 Fed Defs’ Mot for PartialDismissal Ex 4 FILED 4-12-2012
25-5 Fed Defs’ Mot for PartialDismissal Ex 5 FILED 4-12-2012
26 Elwha Defs’ Motion to Dismiss or MMDS FILED 4-12-2012
27 Decl of SHS with Ex A FILED 4-12-2012
27-1 Ex B to Decl of SHS FILED 4-12-2012
27-2 Ex C to Decl of SHS FILED 4-12-2012
Materials in Wild Fish Conservancy v. National Park Service
This is a suit to enjoin the Lower Elwha Tribe’s fish hatchery by environmental groups.
Stipulation and proposed order FILED 2-23-12
Joint Motion Stipulation and Order FILED 2-23-2012
ALJ Rules against Saginaw Chippewa in NLRB Jurisdiction Case
Opening D.C. Circuit Brief in Vann v. Interior
Here:
Briefs in Yakama v. Holder
Here are the briefs relating to last week’s opinion posted here:
237 FILED – Memorandum in support of motion for TRO and PI
244 FILED – federal opposition to motion for tro
248 FILED – County Opposition to TRO
Update in Wisconsin Mining Legislation from Bad River Band
From the Band:
Last year, the Wisconsin Senate began preparations to take up the issue of mining by creating a new committee – the Mining Jobs Committee – composed of Senators who have a long history and commitment to the issue of natural resources. After the Wisconsin Assembly passed AB 426, legislation that is widely known to be written by an out-of-state company for the purpose of easing environmental regulations and eliminating provisions that allow citizens to participate in the permitting process, the Senate Mining Jobs Committee introduced a bill that moderated a few of AB 426’s provisions. In a surprise move this week, on Wednesday, the Mining Jobs Committee was dissolved, and it was announced that the Assembly bill would be introduced into the Joint Finance Committee instead. The Bad River Band and other Wisconsin Tribes have come out strongly against the legislation. Wisconsin Indian Tribes have sent representatives to the Joint Finance Committee hearing in Madison. You can watch today’s proceedings here http://www.wiseye.org/.
Here is their press release:
Bad River Media Release on Senatemining bill actions 2-17-12
Great Lakes Indian Fish and Wildlife Commission Testimony:
Turtle Talk 
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