Here are the materials in Navajo Nation v. Dept. of the Interior (D. Ariz.):
Trevor Reed on Fair Use and Cultural Appropriation of Indigenous IP
Trevor Reed has posted “Fair Use as Cultural Appropriation,” forthcoming in the California Law Review, on SSRN.
Here is the abstract:
Over the last four decades, scholars from diverse disciplines have documented a wide variety of cultural appropriations from Indigenous peoples and the harms these inflict. And yet, there are currently no federal laws other than copyright that limit the appropriation of song, dance, oral history, and other forms of intangible culture. Copyright is admittedly an imperfect fit for combatting cultural appropriations – it is a porous form of protection, allowing some publicly beneficial uses of protected works without the consent of the copyright owner under certain exceptions, foremost being copyright’s fair use doctrine. This article evaluates fair use as a gate-keeping mechanism for unauthorized uses of culture. As codified in the 1976 Copyright Revision Act, the fair use doctrine’s four-part test is supposed to help fact finders determine whether an unauthorized use of another’s work is reasonable in light of copyright’s goals of promoting cultural production. But, while the fair use test has evolved to address questions about the purpose behind an appropriation, the amount and substance of the work used, and the effects of the appropriation on the market for the work, the vital inquiry about the “nature” of the original work and the impact of unauthorized appropriation on its creative environment has been all but forgotten by lower federal courts. Combining doctrinal analysis, settler-colonial theory, and ethnographic fieldwork involving ongoing appropriations of copyrightable Indigenous culture, this article shows how this “forgotten factor” in the fair use analysis is key to assessing the real impacts unauthorized appropriations have on culturally diverse forms of creativity. Thus, if we are committed to the development of creativity in all of its varieties and natures, a rehabilitation of the forgotten factor is both urgent and necessary.
Looks like important reading to me.
Bay Mills Indian Community & State of Michigan Reach Settlement on Vanderbilt Casino
Here is a news article summarizing the settlement.
The last decision in this long-running dispute is here.
Additional Collateral Challenge to Guidiville Rancheria Casino Rejected
Here are the new materials in Sprawldef v. City of Richmond (N.D. Cal.):
134 Motion for Judgment on Pleadings
Prior post in this case here.
Materials in Law Firm Dispute over Nisqually Representation and Privileged Document
Here are the materials in Galanda Broadman PLLC v. Kilpatrick Townsend & Stockton LLP (Wash. Super. Ct.):
Defendant’s Motion for Protective Order
Plaintiff’s Opposition to Motion for Protective Order
Reply in Support of Motion for Protective Order
Surreply in Opposition to Motion for Protective Order
Surreply to Surreply on Motion for Protective Order
Order on Motion for Protective Order
Defendant’s Motion for Summary Judgment
Plaintiff’s Opposition to Motion for Summary Judgment
California Tribal Families Coalition: California ICWA Caselaw Update
California ICWA Caselaw Update 2019-2020: Emerging Issues with Kate Fort.
December 3, 2020 12-2pm PT on Zoom
See the save the date for the link to register.
Crosscut: “Native history is WA history, and tribes are helping schools teach it”
Friday Job Announcements
To post an open Indian law or leadership job to Turtle Talk, send the following information to indigenous@law.msu.edu:
- In the email body, a typed brief description of the position which includes
- position title,
- location (city, state),
- main duties,
- closing date,
- and any other pertinent details such as links to application;
- An attached PDF job announcement.
The Keweenaw Bay Indian Community
Assistant Tribal Prosecutor, Baraga, MI. This position is located at the Keweenaw Bay Tribal Center, and is an in-house position. Assist the Tribal Attorney and perform general in-house duties for the Tribal Council as directed. Legal and/or Consulting firms need not apply. For more information, please visit the website or contact personnel@kbic-nsn.gov. Application process is open until filled.
The Keweenaw Bay Indian Community
Assistant Tribal Attorney, Baraga, MI. This position is located at the Keweenaw Bay Tribal Center, and is an in-house position. Assist the Tribal Attorney and perform general in-house duties for the Tribal Council as directed. Legal and/or Consulting firms need not apply. For more information, please visit the website or contact personnel@kbic-nsn.gov. Application process is open until filled.
The Yurok Tribe’s Office of the Tribal Attorney
Law clerks, spring, summer, and fall of 2021. This could be a virtual position. Past legal clerks have worked on a wide variety of projects including ordinance drafting, litigation support, legal research, and appeared on behalf of the Tribe in Yurok Tribal Court. We are receiving applications on a rolling basis, but would appreciate having all applications by December 4, 2020. Please visit the website for more information.
Sonosky, Chambers, Sachse, Endreson, & Perry LLP
Transactional Associate Attorney, San Diego, CA. Seeking an associate attorney with 1-5 years of experience in transactional and other Indian law experience. Interested applicants should have strong credentials and a commitment to representing Native American interests, and a clerkship is also highly preferred. More detail about the firm is available at www.sonosky.com. See the job description or visit our website at http://www.sonosky.com/careers.html to apply. This position is open until filled, but applicants should apply by January 15, 2020. Applicants must be licensed to practice law in California, or willing to become licensed.
See last week’s posts.
U-M Ford School Talk with Riyaz Kanji and Bryan Newland — Dec. 1, 2020
SCOTUS Grants U.S. v. Cooley
Here is the order list for today.
Here are the cert stage briefs.
Here are the lower court materials.
Turtle Talk 
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