Michigan Tribes in the News (9/29/2021)

TC Record-Eagle: “LRBOI: Bringing back the ghost of nmégos, Arctic grayling

The Northwind: “Partnership helps heal generational wounds in Indigenous communities

Law360: “Michigan Asks To Apportion Tax On Keweenaw Bay Tribe

Law360: “Tribes, NCAI Tell 10th Circ. Feds Must Cover Health Costs

South Bend Tribune: “Nearly 100 years after it was built, Hotel Elkhart comes back to life in downtown [after Pokagon Band investment]

Michigan Radio: “Education secretary’s Midwest tour stops at Saginaw Chippewa Tribal College

News Coverage of Indian Law Issues (9/29/2021)

NPR: “The Cherokee Nation Has Agreed To A $75 Million Settlement With Opioid Distributors

Reuters: “U.S. judiciary seeks five more Oklahoma judges after [McGirt] ruling

CBC: Canada will observe the first National Day for Truth and Reconciliation on Sept. 30. Here’s “The history behind the National Day for Truth and Reconciliation

Sierra: “The Village at the Edge of the Anthropocene

Observer: “Federal officials seek probe into dispute between New York, Seneca Nation over casino pact

PBS Newshour: “How prejudice affects the cases of missing Indigenous women

MSN/WaPo: “This was the worst slaughter of Native Americans in U.S. history. Few remember it.

Eighth Circuit Briefs in Noem v. Haaland

Here:

South Dakota Brief

States Amicus Brief Supporting South Dakota

Federal Brief

Lower court materials here.

The Six Grandfathers

NatGeo: “The heartbreaking, controversial history of Mount Rushmore

Tenth Circuit Briefs in Crow Tribe v. Repsis

Ok, so it’s just one brief so far….

Here:

Opening Brief

State Response Brief

Reply

Lower court materials here.

News Coverage of Indian Law Matters (9/28/2021)

WaPo: “Tribes want ‘immediate action’ to reverse Trump’s cut to Bears Ears National Monument

NYTs: “Selling Marijuana on Tribal Lands, a Legal Gray Area

HCN: “Marilyn Vann becomes the first Freedman in Cherokee Nation government

MinnPost: “Starting in 2022, tribal members will get free permits to Minnesota state parks

AP: “Tesla builds 1st store on tribal land, dodges state car laws

Federal Court Rejects Canadian Citizen’s Effort to Invoke Right to Cross Border at Akwesasne

Here are the materials in Malachowski v. United States (W.D. Okla.):

1 Habeas Petition

9 Magistrate Report

11 Objection

16 DCt Order

News Coverage of Indian Law Matters (9/27/2021)

Leelanau Ticker: “Leading The Way In Vaccinations, Grand Traverse Band Still Aims Higher

Grist: “Montana tribe finalizes historic $1.9 billion water rights settlement

WaPo: “Housing in Alaska can’t survive climate change. This group is trying a new model.”

Cherokee Phoenix: “Oklahoma organizations, foster families react to developments in Supreme Court’s review of Indian Child Welfare Act

NYTs: “She Bought Her Dream Home. Then a ‘Sovereign Citizen’ Changed the Locks.”

AP: “Tribe wins major step toward resuming whaling off Washington

Alaska Law Review Vol. 38 — Selected Indian Law Articles

Here:

Articles

Alaska Native Corporation Endowment Models
Robert Snigaroff & Craig Richards
PDF

New settlement trust provisions in the Tax Cuts and Jobs Act of 2017 have significant implications for Alaska Native Corporation (ANC) business longevity and the appropriateness of an operating business model given ANC goals as stated in their missions. The Alaska Native Claims Settlement Act (ANCSA) authorized the creation of for-profit corporations for the benefit of Alaska Native shareholders. But for Alaska Natives, cultural continuation was and continues to be a desired goal. Considering the typical life span of U.S. corporations and the inevitability of eventual failure, the for-profit corporate model is inconsistent with aspects of the ANC mission. Settlement trust amendments to ANCSA facilitate ANC cultural continuation goals solving the problem of business viability risk. We make a normative case that ANCs should consider increasing endowment business activity. We also discuss the Alaska Permanent Fund and lessons that those structuring settlement trusts might learn from literature on sovereign wealth funds and endowments.

Alaska’s Tribal Trust Lands: A Forgotten History
Kyle E. Scherer
PDF

Since the enactment of the Alaska Native Claims Settlement Act in 1971, there has been significant debate over whether the Secretary of the Interior should accept land in trust for the benefit of federally recognized tribes in Alaska. A number of legal opinions have considered the issue and have reached starkly different conclusions. In 2017, the United States accepted in trust a small parcel of land in Craig, Alaska. This affirmative decision drew strong reactions from both sides of the argument. Notably absent from the conversation, however, was any mention or discussion of Alaska’s existing trust parcels. Hidden in plain sight, their stories reflect the complicated history of federal Indian policy in Alaska, and inform the debate over the consequences of any future acquisitions.

Notes

Selective Justice: A Crisis of Missing and Murdered Alaska Native Women
Megan Mallonee
PDF

Across the country, Indigenous women are murdered more than any other population and go missing at disproportionate rates. This crisis of missing and murdered Indigenous women is amplified in Alaska, where the vast landscape, a confusing jurisdictional scheme, and a history of systemic racism all create significant barriers to justice for Alaska Native women. This Note examines the roots of the crisis and calls for a holistic response that acknowledges the role of colonialism, Indigenous genocide, and governmental failures. While this Note focuses on the epidemic of violence against Alaska Native women in particular, it seeks to provide solutions that will increase the visibility and protection of Indigenous women throughout North America.

“If a person is murdered in the village, you’ll be lucky if someone comes in three, four days to work the murder site and gather what needs to be gathered so you can figure out a case later . . . but if you shoot a moose out of season, you’re going to get two brownshirts there that day.”

Indian Law Events This Week

U of A symposium on the 20th anniversary of the UN Special Rapporteur.

UC Davis Law Review symposium — Ann Tweedy will speak on the racialized history of self-defense with respect to tribes.

Tara Houska at Vanderbilt