Here are the materials in the matter of New Mexico et al v. Aamodt el al, 66-cv-00639 (D. N.M. Sept. 9, 2016):
Doc. 10543 – Memorandum Opinion and Order Approving Settlement Agreement
Doc. 10567 – Opposed Motion to Alter or Amend Judgment Pursuant to Rule 59(e)
Doc. 10632 – Reply in Support of Motion to Alter or Amend Judgment Pursuant to Rule 59(e)
This is the third full commentary on “The New Trail of Tears” (TNToT), written by Naomi Schaefer Riley (NSR or the author). The announcement post is here.
Chapter 2 of TNToT focuses on the Seneca Nation of Indians of New York and the Lumbee Tribe of North Carolina. Chapter 2 is a continuation on the attacks on specific tribes for NSR’s perception that they have failed economically, though in the case of the Seneca Nation, which is pretty successful financially, TNToT resorts to name-calling to make the point. Chapter 2 also centers TNToT as part of the direct attack on Indian tribes and Indian people as having an inferior character generally, again using the tactic of quoting from other Indians to make these points.
The Attack on the Seneca Nation of Indians
Seneca did not vote to commence gaming operations until 2002 (hey, they actually voted on this like a democracy), but they have been insanely successful in generating revenue since then, with casinos on the Allegheny Reservation, in Buffalo, and in Niagara. Recall in Chapter 1 how NSR criticizes Crow, Northern Cheyenne, and Indians in general for not trying hard enough to be rich?
Weirdly, NSR attacks the Seneca Nation and its people for being rich in the wrong way. TNToT calls gaming revenue per capita payments “annuities.” [at 48] And further argues that gaming payments to tribal citizens stunt their “entrepreneurial spirit”: “Truth be told, though, there’s not a lot of entrepreneurial spirit on the Alleghany [sic?] and neighboring Cattaraugus territories.” [at 48] More, NSR acknowledges that there are better opportunities for economic growth in western New York, with its proximity to Buffalo and Niagara, than there are in other areas of Indian country like the Dakotas [at 55]. So, the gist is, Seneca is rich, but not because of their “entrepreneurial spirit,” but because of their market location, and tribes in the Dakotas who do not enjoy a positive market location are just poor because of their similar lack of entrepreneurial spirit. Throughout TNToT, we see again and again that, for NSR, no Indians have “entrepreneurial spirit.” Remember NSR’s attack on a Northern Cheyenne official at page 21 for not caring enough about free enterprise? These allegations come again and again.
It gets worse. It turns out NSR is wrong about Indians’ character flaw of a lack of “entrepreneurial spirit” — in fact, as NSR points out, there’s a “loophole economy” at places like Seneca. [at 50, also identifying marijuana as the next stage of the loophole economy]. For NSR, the “loophole economy” appears to be everything Indian tribes and Indian people have done for the past half-century or more to make money is not a product of “entrepreneurial spirit” but instead is a product of a “loophole economy” that Indians (with their character flaws) have just accidentally stumbled upon. What a load of hooey!!!! Regardless of the billions generated for tribal government purposes by gaming, smokeshops, 8(a) corporations, sovereign lending (and apparently marijuana?!?!?), for NSR it’s just not “entrepreneurial spirit,” it’s just looking out for the “next sovereign advantage.” [at 60] Can’t wait to talk about this at the next ASU e-Commerce conference!
The Navajo Nation seeks advice and recommendations on how to develop a nationally accredited uniform Use of Force Policy for the Navajo Division of Public Safety (NDPS) and its law enforcement departments and officers. NDPS wishes to revise its current policies to reflect modern police practices with respect to use of force. These revisions will, among other things, incorporate current case law and include law enforcement training specifically related to use of force situations, including officer-involved shootings.
The Navajo Nation Department of Justice will be accepting proposals for this service postmarked by 5:00 PM MT on Thursday, September 15, 2016. LATE PROPOSALS WILL NOT BE ACCEPTED.
The Legal Power of Indian Tribes
Please join the Indian Law Section of the Oklahoma Bar Association for a full day CLE event.
Where: the new campus of the OCU School of Law in downtown Oklahoma City, 800 N. Harvey
When: Friday September 30, 2016 from 8:30 AM until 3:00 PM
CLE Credits: 6.0 total credits, 1.0 ethics (application pending)
Cost: $30.00, FREE for the Indian Law Section and Government and Administrative Law Practice Section
Register at https://www.eventbrite.com/e/oba-indian-law-cle-2016-tickets-27193230685?aff=
For questions, please contact Valery Giebel, vgiebel@praywalker.com or 918-581-5529
Topics
Full Faith and Credit of Tribal Judgments in State and/or Federal Court
Dianne Barker-Harrold, Indian Country Consultant, Attorney for Tribal Counsel of Cherokee Nation and Chief Judge of the Pawnee Nation
Probates of Restrictive Indian Land
Stephanie Hudson, Senior Attorney at Oklahoma Indian Legal Services
Inter-Tribal Disputes (Ethics)
John Parris, Private Practice Attorney in Indian Country
Supreme Court Round-Up
Casey Ross, Director of American Indian Law and Sovereignty Center and General Counsel of Oklahoma City University School of Law
Land Development in Indian Country
Brenda Golden, Attorney and Professor of Indian lands at College of Muscogee Nation
Oklahoma, Chickasaw, Choctaw, Oklahoma City Water Settlement
Stephen H. Greetham, Chief General Counsel to Chickasaw Nation
| Additional Sponsors: | Cherokee Nation Supreme Court Judge Thomas S. Walker, Appellate Magistrate for CFR Court (retired) OBA Administrative and Government Law Practice Section Crowe and Dunlevy |
MOOT COURT 2017 – The National Native American Law Student Association (NNALSA), in partnership with the University of California, Los Angeles School of Law (UCLA) and the UCLA Chapter of NALSA, is excited to announce that the 25th Annual NNALSA Moot Court Competition will be held on March 4 and 5 at the UCLA School of Law.
NNALSA will announce the Moot Problem and information regarding registration and logistics on November 20, 2016.
The window for registration opens on November 20, 2016
The deadline for registration is December 20, 2016
The deadline for brief submission is January 9, 2017
NNALSA encourages all chapters to pay their dues prior to registration. National chapter and individual dues are prerequisites to participation in the competition. While the deadline for these payments is not until January 9, 2017, the process will be streamlined if such dues are paid ahead of registration. Please see the official Moot Court rules for specific details on eligibility.
2017-nnalsa-moot-court-call-for-judges-sponsors-and-art
2017-nnalsa-moot-court-dates-and-scholarship-press-release
2017-nnalsa-moot-court-save-the-date
Here:
Here:
| The National Indian Law Library added new content to the Indian Law Bulletins on 9/9/16.
U.S. Courts of Appeals Bulletin U.S. Federal Trial Courts Bulletin State Courts Bulletin News Bulletin Law Review & Bar Journal Bulletin U.S. Regulatory Bulletin U.S. Legislation Bulletin |
Here is the opinion in Rothe v. Dept. of Defense.
Here is the United States’ press release:
JOINT STATEMENT FROM THE DEPARTMENT OF JUSTICE, THE DEPARTMENT OF THE ARMY AND THE DEPARTMENT OF THE INTERIOR REGARDING STANDING ROCK SIOUX TRIBE V. U.S. ARMY CORPS OF ENGINEERS
WASHINGTON – The Department of Justice, the Department of the Army and the Department of the Interior issued the following statement regarding Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers:
“We appreciate the District Court’s opinion on the U.S. Army Corps of Engineers’ compliance with the National Historic Preservation Act. However, important issues raised by the Standing Rock Sioux Tribe and other tribal nations and their members regarding the Dakota Access pipeline specifically, and pipeline-related decision-making generally, remain. Therefore, the Department of the Army, the Department of Justice, and the Department of the Interior will take the following steps.
“The Army will not authorize constructing the Dakota Access pipeline on Corps land bordering or under Lake Oahe until it can determine whether it will need to reconsider any of its previous decisions regarding the Lake Oahe site under the National Environmental Policy Act (NEPA) or other federal laws. Therefore, construction of the pipeline on Army Corps land bordering or under Lake Oahe will not go forward at this time. The Army will move expeditiously to make this determination, as everyone involved — including the pipeline company and its workers — deserves a clear and timely resolution. In the interim, we request that the pipeline company voluntarily pause all construction activity within 20 miles east or west of Lake Oahe.
“Furthermore, this case has highlighted the need for a serious discussion on whether there should be nationwide reform with respect to considering tribes’ views on these types of infrastructure projects. Therefore, this fall, we will invite tribes to formal, government-to-government consultations on two questions: (1) within the existing statutory framework, what should the federal government do to better ensure meaningful tribal input into infrastructure-related reviews and decisions and the protection of tribal lands, resources, and treaty rights; and (2) should new legislation be proposed to Congress to alter that statutory framework and promote those goals.
“Finally, we fully support the rights of all Americans to assemble and speak freely. We urge everyone involved in protest or pipeline activities to adhere to the principles of nonviolence. Of course, anyone who commits violent or destructive acts may face criminal sanctions from federal, tribal, state, or local authorities. The Departments of Justice and the Interior will continue to deploy resources to North Dakota to help state, local, and tribal authorities, and the communities they serve, better communicate, defuse tensions, support peaceful protest, and maintain public safety.
“In recent days, we have seen thousands of demonstrators come together peacefully, with support from scores of sovereign tribal governments, to exercise their First Amendment rights and to voice heartfelt concerns about the environment and historic, sacred sites. It is now incumbent on all of us to develop a path forward that serves the broadest public interest.”
Turtle Talk 
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