Law Review Article Published Entirely in ʻōlelo Hawaiʻi (Hawaiian)

Matthew L.M. Fletcher

Sabrina Rose Kamakakaulani Gramberg has published, in the Asian & Pacific Law & Policy Journal, an article written entirely in ʻōlelo Hawaiʻi (Hawaiian).

Here is a link to a press release (May 13, 2020) from Univ. of Hawaiʻi about it.

Here is a link to the article.

On page 38, Sabrina gives a short description of the article in English that states:

Enshrined in Hawaiʻi’s constitution, the legal foundation for Hawaiian language rights awaits statutory implementation. In the gap between legal justification and practical operation, speakers of Hawaiʻi’s indigenous language are once again being compelled to express themselves in English to access essential government programs. The State of Hawaiʻi has a role and responsibility in redressing the government actions that forced Hawaiʻi’s language shift. The reluctance of elected officials to develop a comprehensive plan to operationalize the constitution stands in direct contravention to the intent and mandate of Article XV, Section 4 of the Hawaiʻi State Constitution. As an official but critically endangered language, a statutory infrastructure for Hawaiian language access would support revitalization efforts and provide long- awaited mechanisms to obtain translation and interpretation services statewide.

And here is a link to Ka Huli Ao’s blog post about the article.

 

National Native American Bar Association Declares Takomni Hasapa Wiconi Hecha (Black Lives Matter)

Matthew L.M. Fletcher

Here.

An excerpt:

Study after study confirms what we already know to be true, and in some cases, have experienced ourselves – the bias against black and brown people in the criminal justice system corrupts nearly every encounter. From the treatment of victims, handling of suspects, stops for “suspicious activity,” to any other type of encounter, racial biases are present. The constitutional and civil rights of black and brown people are violated on a daily basis. Law enforcement kill black and brown people at alarming rates. According to data from the Centers for Disease Control and Prevention, law enforcement killed Native Americans at the highest rate from 1999 to 2015, just above the rate for Black Americans. In the Ninth Circuit alone, Native Americans have 18 times as many fatal encounters per population as whites. Historic trauma and mental illness are pervasive factors in Native encounters with police, particularly those that result in death. The criminal justice system is out of balance and unjust, and the wounds run very deep

Angela Riley & Sonia Kaytal on Ending Racist Branding

Matthew L.M. Fletcher

Here is “Aunt Jemima Is Gone. Can We Finally End All Racist Branding?”, published in the New York Times.

ABA: Free Juneteenth Webinar

Matthew L.M. Fletcher

Date: Today, June 19, 2020
Time: 1:00 p.m. – 2:30 p.m. EDT
Format: Free non-CLE Webinar
Joint Sponsors: ABA Diversity and Inclusion Center, ABA Coalition on Racial and Ethnic Justice, ABA Commission on Racial and Ethnic Diversity in the Profession, ABA Commission on Disability Rights, ABA Commission on Women in the Profession, ABA Commission on Hispanic Legal Rights & Responsibilities, ABA Commission on Sexual Orientation and Gender Identity, ABA Council for Diversity in the Educational Pipeline, ABA Center for Public Interest Law, ABA Section of State and Local Government Law

Speakers:

  • Judy Perry Martinez (Welcome Remarks) – President, American Bar Association; Of Counsel, Simon, Peragine, Smith & Redfearn
  • Paulette Brown (Moderator) – Past President, American Bar Association; Senior Partner and Chief Diversity & Inclusion Officer, Locke Lord LLP
  • James O. Goodwin – Attorney, Goodwin & Goodwin; Publisher, The Oklahoma Eagle
  • Dr. Karlos Hill – Department Chair and Associate Professor, African and African-American Studies, University of Oklahoma
  • Dr. Martha S. Jones – Society of Black Alumni Presidential Professor and Professor of History, Johns Hopkins University
  • Calvin Schermerhorn – Professor of History, Arizona State University

DESCRIPTION:
Known as “Juneteenth,” June 19th commemorates the day that enslaved persons in Galveston, Texas, were notified about the Emancipation Proclamation–almost two and a half years after it was issued. They walked away from bondage in what is known as the “Second Independence Day.” This day has been celebrated for years since, and is recognized as a holiday in 47 of the 50 states.

While free in name, formerly enslaved Black people would be impacted by sharecropping and other systems and policies that sought to keep them in bondage and indebted. Many were terrorized when they attempted to leave plantations, including during and after Reconstruction.

Today, we see vestiges of slavery in the criminalization of Black people, in domestic terrorism, and in the deprivation of civil rights of Black people.

This webinar will feature speakers who will discuss Juneteenth, including its historical significance and its connection to racial inequities that we are witnessing in society today. They will discuss the potential of law and public policy to help Black people realize true freedom in this society.

Register Here 

Bridge Magazine Profile of Burt Lake Band of Ottawa Indians’ Federal Recognition Efforts

Matthew L.M. Fletcher

Here.

Ninth Circuit Briefs in SPRAWLDEF v. Guidiville Rancheria of California [Rule 19]

Matthew L.M. Fletcher

Here:

Guidiville Opening Brief

SPRAWLDEF Answer Brief

Reply

Lower court materials here.

Courtney Liss: “Want to change the law? Change law school.”

Matthew L.M. Fletcher

Here.

An excerpt:

At my school, it took dozens of students elevating each other’s voices and alumni’s threat to withhold thousands of dollars in donations before the school considered breaking the precedent. It took each of us sharing heartbreaking personal narratives, demanding the public and the administration look into our wounds directly for administrators to be great lawyers who could understand the purpose of the old precedent (to help foster a diverse and inclusive educational environment) and create new methods of achieving that purpose, including saying publicly that Black Lives Matter and sharing the Black Law Student Association’s demands with students and alumni to drive accountability.

Grand Ronde Declares Juneteenth a Tribal Holiday

Matthew L.M. Fletcher

Here. And here.

National Indian Law Library Bulletin (6/17/2020)

Matthew L.M. Fletcher

Here:

We have scoured the web. Here are some of the latest materials related to Indian Law. Find all of the latest updates at narf.org/nill/bulletins/

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2020.html

  • Solonex, LLC v. Bernhardt (Oil and Gas Leasing)
  • Winnemucca Indian Colony v. United States (Tribal Elections)
  • Agua Caliente Band of Cahuilla Indians v. Mnuchin (CARES Act)
  • Lingenfelter v. Liptak (RLUIPA)
  • Water Works Board of the City of Birmingham v. U.S. Bank National Association (Fraud)

U.S. Legislation – 116th Congress Bulletin
https://narf.org/nill/bulletins/legislation/116_uslegislation.html

  • H.R.7173 – To protect the status of lands held in trust for the benefit of federally recognized Indian Tribes, and for other purposes.
  • S.3937 – A bill to amend section 330C of the Public Health Service Act to reauthorize special programs for Indians for providing services for the prevention and treatment of diabetes, and for other purposes.
  • S.3948 – A bill to amend the Alyce Spotted Bear and Walter Soboleff Commission on Native Children Act to extend the deadline for a report by the Alyce Spotted Bear and Walter Soboleff Commission on Native Children, and for other purposes.

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2020.html

  • Indigenizing professional responsibility.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:

  • Ruling cancels energy lease in the Badger-Two Medicine area
  • A hospital’s secret coronavirus policy separated Native American mothers from their newborns
  • How the Yurok Tribe is reclaiming the Klamath River
  • ‘It’s so important for our young people to vote’
  • COVID-19 exposes inadequate funding levels at Indian Health Service
  • Museum of Indian Arts and Culture puts curriculum on tribes online
  • Man sentenced for stealing Ancestral Puebloan artifacts
  • Iron Range board tables Fond du Lac water treatment funding over band’s ‘anti-mining’ stances
  • Navajo leaders lay out plan to spend relief funds, shield elderly from ‘this monster’
  • UC Berkeley has nearly 500,000 tribal artifacts and remains. It isn’t giving them back quickly
  • In Apache, we say ‘Ndąą Diłhił’í bi’idąą da’ilįį’ (Black Lives Matter)