Call for Papers: Texas Journal of Civil Rights and Civil Liberties Indigenous Rights Symposium

The Texas Journal of Civil Rights and Civil Liberties is seeking articles from legal scholars, practitioners, or individuals with unique expertise on legal issues pertaining to Indigenous Rights for our spring special issue. If you have any articles on Indigenous issues, please submit them to us via scholastica or to this email (tjclcrsubmissions@gmail.com). Feel free to forward this to any colleagues that may also be interested! Article length can vary (typically from 30-60 pages) and so can topics. Any questions or concerns can also be sent to the TJCLCR submissions editor at this email: tjclcrsubmissions@gmail.com.  

Deb Haaland: The Impact of President Biden’s Apology to Indian Country

Here, from the Interior Department website:

01/06/2025

Deb Haaland, Secretary of the Interior

Of all of the work we have accomplished at the Department of the Interior under the Biden-Harris administration, one of the most significant has been the Federal Indian Boarding School Initiative.

In October at the Gila River Indian Community in Arizona, I listened as President Joe Biden issued a historic apology for the U.S. government’s role in creating and perpetuating the federal Indian boarding school system. As I listened, I remembered my grandma Helen recount the story of when she was taken away to St. Catherine’s Indian Boarding School in Santa Fe, New Mexico. She told me about the day a priest from the Pueblo of Laguna came to our village of Mesita, “gathered up the kids,” put them on a train, and sent them away. She was 8 years old at the time. Her parents had no idea when she would return home.

My grandfather Tony, who was from Jemez Pueblo, was also sent to St. Catherine’s. Helen and Tony spent five years at the same school – far away from their families, communities, and Pueblo cultures – and later chose to build a life from the bond they formed as children. Years later, their daughter Mary – my mother – would be sent to St. Catherine’s, too. I am here because of their persistence.

This trauma is not new to Indigenous people, but it is new to many people across our nation.  

Federal Indian boarding schools have impacted every Indigenous person I know, including staff across our Department. While many of us cannot recount all the ways in which the legacy of these schools has affected our lives, my grandmother and my mother carried scars from that era that they passed down to me. This reality persists with many Native peoples, whether we attended a boarding school ourselves, or are descended from those who did. In memory of Helen, Tony, Mary, and all those impacted by our country’s horrific assimilation policies – I have sought to shed light on this legacy and leverage my platform to amplify the voices of those who deserve to be heard. Because Native American history is American history.

One of the reasons I launched the Federal Indian Boarding School Initiative was to ensure that this important story was told. That all of America knows of the intergenerational impacts of these policies, and that we – as a nation – take steps to heal from them.  

Three years ago, our team embarked on a journey to bring to light this terrible era – one that is frequently excluded from history books. Interior staff – many of them Indigenous – worked through their own trauma to review over 103 million pages of federal records that informed the investigative report called for by the Initiative. That report outlined the number of schools, known attendees, and the extent to which teachers and priests denied children of their languages, cultures and lifeways. Based on available records, nearly 1,000 of those children died, though we believe the number to be much higher.

As part of the Initiative, Assistant Secretary for Indian Affairs Bryan Newland and I planned “The Road to Healing” – a year-long, 12-stop journey across Indian Country where we listened to and wept with survivors and descendants of these boarding schools. The stories I heard from survivors about getting beat with ropes and razor straps, and the stories of girls being molested in the dark of night, were difficult to hear in person. While in Alaska, an elder man spoke of a group of young Alaska Native boys who arrived at the boarding school from the Interior and who were dressed “magnificently in their caribou pants and shirts,” and carrying bags of dried fish and berries – nutritious food that would carry them through for a time – only to have their clothes and belongings torn from them and burned in a pyre.

Much of this horror took place at the then-named Carlisle Indian Industrial School in Pennsylvania, which from 1879 to 1918 served as the blueprint for boarding schools that would eventually open across the nation. Many of the children who died there are still buried on the school’s ground. In December, President Biden established the Carlisle Federal Indian Boarding School National Monument. Under the careful hands of the National Park Service – often called America’s storyteller – and in partnership with the U.S. Army who now manage the U.S. Army Carlisle Barracks, the history and horror of this place will never be lost or rewritten.

With the support of these partners and new agreements between the Department, the Library of Congress, and the Smithsonian’s National Museum of American History, our country will continue to learn from the voices and stories of those the federal government attempted – and failed – to silence.

When I began the Federal Indian Boarding School Initiative, I had no idea that it would result in a presidential apology, or even a national monument dedicated to our people. I just knew it was necessary.

The boarding school era worked to systematically break up entire communities, erase cultures and traditions, and eradicate Native languages. On the heels of the boarding school era, the Dawes Act and other harmful federal policies worked to outright steal land and resources from under the feet of our communities. Although we have made much progress, this heavy legacy endures, and more federal action is needed to address the wrongs of the past and allow our country to heal from the assimilation era.

This work is not finished. The pain and hardship of the past will not be corrected in our lifetimes. But the President’s actions and the work of the incredible team at the Department begins a new chapter and breathes new life into our shared building of a better future. Our past can never be re-written, but together, we can heal.

Ninth Circuit Rules in Favor of Navajo Citizen in Relocation Costs Suit

Here is the opinion in Barton v. Office of Navajo and Hopi Indian Relocation.

Briefs:

Barton Brief

Answer Brief

Record

Osage Nation Seeks to Relitigate Reservation Boundaries in Light of McGirt

Here is the pleading in Osage Nation v. Wood (N.D. Okla.):

This is the opinion at issue.

Yale + Other Law Schools Schedule Webinars to Assist Native Applicants

Here:

Session 1, Tuesday, January 21 5-6:30 PM EST: https://admissions.law.yale.edu/register/?id=2e726802-8890-4334-8672-6f5614dbefa9

Explore Your Path to Law School: Join HLS, Texas Law, Tulsa Law, YLS & YLS NALSA for Insights Into the Legal Profession and Application Process

Join law school admissions representatives from Harvard, University of Texas, University of Tulsa, and Yale to learn about the legal profession, law school access programs, and how to position yourself to apply to law school successfully. This program is geared towards students who are considering applying to law school in a few years and want to determine whether a legal career is a good fit for them. Current students from YLS Native American Law Students Association (NALSA) will discuss opportunities for community and ways to explore issues important to Native American and Indigenous peoples. There will be ample opportunity to ask questions! This session is open to all prospective applicants, and all attendees will receive access to discounted LSAT preparation services from LSAT Lab.

 

Session 2, Thursday, January 23 5:30-7 PM EST: https://admissions.law.yale.edu/register/?id=68df9059-5e65-441f-8dfc-b4e225e6628c

Optimizing Your Law School Application: Join Minnesota Law, Stetson Law, UCLA Law, YLS & YLS NALSA for Insights Into the Law School Application Process

Join law school admissions representatives from Stetson, UCLA, University of Minnesota, and Yale to learn about the law school application process and how to make the most of your application. This program is geared towards students who are planning to apply to law school in the next year or two. Current students from YLS Native American Law Students Association (NALSA) will discuss opportunities for community and ways to explore issues important to Native American and Indigenous peoples. There will be ample opportunity to ask questions! This session is open to all prospective applicants, and all attendees will receive access to discounted LSAT preparation services from LSAT Lab.

Siletz Consent Decree and Restoration of Hunting and Fishing Rights

From Craig Dorsay:

After 44 years, the severe restrictions imposed on the exercise of hunting and fishing rights by the Siletz Tribe have been removed, and the Tribe is now free to claim and assert treaty rights as it sees fit. The original restrictions were imposed on the Tribe by the State of Oregon, Oregon Department of Fish and Wildlife, as the price for the State not opposing Siletz’s restoration as a federally-recognized tribe in 1977 or obtaining a modest reservation in 1980. The State attorney at the time – this was in the middle of the Northwest treaty fishing wars -made sure these restrictions were ironclad and permanent by requiring the Siletz Tribe to enter into an Agreement on the exercise of hunting, fishing, trapping and gathering rights severely restricting those rights, and then incorporating that restrictive agreement in a “friendly” federal court decree as well as the Tribe’s federal legislation restoring a modest reservation for the Tribe. (copy of 1980 Agreement and federal court decree attached).

The State strictly enforced this Agreement until Governor Kate Brown in 2016 agreed that this Agreement and arrangement was unconscionable, and cooperated with the Tribe in getting it lifted. This cooperation resulted in federal legislation in 2023 removing the applicable reference from the Tribe’s Reservation Act, and in a November 2024 Court Order vacating the original 1980 federal court decree. A copy of the legislation, the joint motion to vacate the consent decree, and the Court Order are also attached.

Materials here:

Navajo Sues for $25M Tribal Court Contract

Here is the complaint in Navajo Nation v. Dept. of the Interior (D.D.C.):

Kekek Stark on Decolonizing Jurisdiction in Anishinaabe Tribal Courts

Kekek Jason Stark has published “Gwayak Ateg Onaakonigewi Dibenjigewin: Decolonizing Jurisdiction in Anishinaabe Tribal Courts” in the Nebraska Law Review.

Here is the abstract:

It is generally understood as a matter of federal Indian law that determinations of tribal law should properly be interpreted by tribal courts. This is because tribal courts do not always adhere to the same legal philosophy as their settler colonial counterparts. Many tribal courts subscribe to traditional law, which is an “essential source” of tribal jurisprudence. Anishinaabe communities have maintained a rich body of traditional tribal law since time immemorial. However, these customary law principles are only recently being included in modern-day Anishinaabe tribal court determinations. This Article builds upon the Anishinaabe law principles articulated in recent opinions and provides an overview of Anishinaabe tribal court jurisdictional cases in analyzing the efficacy of Anishinaabe customary law. Part I provides a brief introduction. Part II provides an overview of traditional Anishinaabe governance. Part III provides an overview of federal law that has been forced upon Anishinaabe communities in an attempt to further the colonizing project of assimilation. Part IV examines the principles of Anishinaabe jurisdiction. In doing so, this Article sets out traditional Anishinaabe law principles of jurisdiction as an example of how Anishinaabe Tribal Nations can define their own interpretations of law and jurisdiction. Part V analyzes how the principles of traditional Anishinaabe law are being balanced with the principles of federal Indian law under Montana and its progeny in Anishinaabe jurisdictional cases. The final Part shows that Anishinaabe tribal courts should be proactive and utilize Anishinaabe customary law in the recognition of their sovereignty apart from the federal courts’ articulations of tribal court jurisdiction. As provided in this Article, Anishinaabe tribal courts have the opportunity to define tribal jurisdiction from a tribal perspective in their tribal court opinions. For a tribal court to properly maintain its tribal character while adapting to the Anglo system of jurisprudence, it must build the system upon tribal concepts. In doing so, Anishinaabe tribal courts can ensure that their analysis remains Anishinaabe in character furthering tribal self-government and self-determination, and that its opinions are not being colonized by federal court determinations of tribal customary principles. In this way, Anishinaabe tribal courts will be able to fully implement the principles embedded in gwayak ateg onaakonigewi dibenjigewin.

Highly recommended!

CILA Pre-Law Program for Native/Indigenous Law Students 

Selected participants will learn the nuts and bolts of applying to law school and hear from law students, current practitioners, LSAT prep staff, university admissions and others in order to “demystify” the law school process, starting with the application and beyond. More information about CILA is available at calindianlaw.org. If you have any questions about the Pathway to Law Program, please email us directly at info@calindianlaw.org.

This program is offered at no cost (to include lodging and food) and we have limited travel scholarships available. Everyone that completes our in-person program wil

l receive a free 10-week LSAT prep course from 7Sage, valued at over $500. 

Applications are due 1/24/25. 

For more info and to apply, visit: https://forms.gle/QEftcdUxykVzVgL9A