Here, by Stephen Marche.
NYTs: “Even as Trudeau Reaches Out to First Nations, Mercury Rises”
Here, by Stephen Marche.
DNA-People’s Legal Services Seek Executive Director
Here (PDF):
DNA-People’s Legal Services
Executive Director
DNA is a non-profit legal services provider celebrating 50 years of service with approximately 25 attorneys delivering legal services to an underserved population in Arizona, New Mexico, and Utah. DNA is seeking an innovative growth-oriented Individual capable of revitalizing the organization and setting direction for the next 50 years. Principal location Window Rock, Navajo Nation, Arizona. Visit http://www.dnalegalservices.org for more information.
Email: dnaexec.dir.apps@sackstierney.com to obtain a job description, qualifications and procedure to apply. Closing Date: January 17, 2017.
DNA is an equal opportunity/affirmative action employer.
Preference given to qualified Navajo and other Native American applicants.
Oklahoma Court of Appeals Case Granting Transfer to Tribal Court
Here. And the OK Supreme Court agreed to publish the decision.
This case involved a guardianship:
ICWA defines “foster care placement” as “‘any action removing an Indian child from its parent or Indian custodian for temporary placement in a foster home or institution or the home of a guardian or conservator where the parent or Indian custodian cannot have the child returned upon demand, but where parental rights have not been terminated.'”25 U.S.C. 1903(1)(i). This guardianship case is governed by this definition of foster care placement because Mother cannot have her children returned on demand as shown by the fact that she requested that the guardianship be terminated and her request was denied.
The case also discusses the requirement of clear and convincing evidence to deny transfer. The trial court denied transfer stating it was the advanced stage of the proceedings–which it was because Cherokee Nation didn’t receive notice, and the delay was beyond the Nation’s control.
This is only the 16th time an appellate court reversed the lower court and ordered transfer. This is one of two from this year.
Alex Pearl: “Redskins: The Property Right to Racism”
M. Alexander Pearl has published “Redskins: The Property Right to Racism” in the Cardozo Law Review.
The abstract:
Everyone has an opinion, from President Obama to Matthew McConaughey, about the Washington football team name. This Article comprehensively analyzes the legal and social issues surrounding the mascot controversy. I focus my inquiry on the interaction of trademark law and Indian law. I offer three primary contributions in this Article. First, the current mainstream conception of harm caused by the team name is subjective, and I argue that the harm caused by the team name and logo is objective, testable, and demonstrable. Psychological research shows that these images harm Native people. Second, the remedies offered by the Lanham Act are wholly inadequate. Under section 2(a) of the Act, “disparaging” trademarks are subject to cancellation of federal registration benefits. This does little to economically affect the value of the trademark, thereby having no bearing on changing the name. Finally, I suggest a legislative solution that applies real economic pressure to change the team name. Utilizing the tool of express federal preemption, I suggest an approach that directly undermines the economic value of the trademark by precluding trademark infringement suits against unlicensed users of the trademark. This creates real pressure to change the name. Ultimately, this issue directly confronts the doctrinal inquiry into the extent of property rights in intellectual property forms.
Cert Denied in Oklevueha Native American Church v. Lynch
Tenth Circuit Materials in Board of Education for the Gallup-McKinley County Schools v. Henderson
Here:
Lower court materials here:
18-motion-to-dismiss
19-motion-to-dismiss
20-reply
22-motion-to-amend-complaint
23-opposition
24-reply
26-dct-order
US Seeks Reversal in Lewis v. Clarke (Different Theory than Petitioners)
Here is that brief:
Here is another amicus brief supporting petitioner:
Conn. Trial Lawyers Assn. Amicus Brief
The background materials are here.
Nooksack Update — Mass Disenrollments by the Holdover Council
Here and here is news coverage.
Update on the Whatcom County Superior Court proceedings:
In Re Gabriel Galanda v Nooksack Tribal Court – Whatcom County Superior Court Courier Delivery Form
In Re Gabriel Galanda v Nooksack Tribal Court – Whatcom County Superior Court Show Cause Order
Michigan Court of Appeals Finds Law Adding Wolves to List of Game Species Unconstitutional
The unpublished opinion is here. The Court found that Public Act 281 (which added wolves to the list of game species) violated the Title-Object Clause of the Michigan Constitution.
PA 281 was passed with the provision that kept portions of certain voter referendums even if voters rejected them: “In other words, even if voters rejected PA 520 and PA 21 at the general election, those portions of the rejected laws that were incorporated into PA 281 would nevertheless survive. … At the November 4, 2014 general election, a majority of voters rejected both PA 520 and PA 21. PA 281, which reenacted portions of voter-rejected PA 520 and PA 21, including the addition of wolf to the list of game species, took effect on March 31, 2015.”
Previous coverage here.
Library of Congress: “Remembering Vine Deloria, Jr.”
Here, from In Custodia Legis: Law Librarians of Congress.
Turtle Talk 
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