Grand Ronde Enacts Marriage Equality Statute

Here.

Looking Forward to John Low’s Book “Imprints: The Pokagon Band of Potawatomi Indians and the City of Chicago”

Here is John’s new blog. And the MSU Press site.

low_imprints_final-e1446531142341

The description:

The Pokagon Band of Potawatomi Indians has been a part of Chicago since its founding. In very public expressions of indigeneity, they have refused to hide in plain sight or assimilate. Instead, throughout the city’s history, the Pokagon Potawatomi Indians have openly and aggressively expressed their refusal to be marginalized or forgotten—and in doing so, they have contributed to the fabric and history of the city.

Imprints: The Pokagon Band of Potawatomi Indians and the City of Chicago examines the ways some Pokagon Potawatomi tribal members have maintained a distinct Native identity, their rejection of assimilation into the mainstream, and their desire for inclusion in the larger contemporary society without forfeiting their “Indianness.” Mindful that contact is never a one-way street, Low also examines the ways in which experiences in Chicago have influenced the Pokagon Potawatomi. Imprints continues the recent scholarship on the urban Indian experience before as well as after World War II.

One Week Until the FBA’s D.C. Indian Law Conference

Agenda and registration here.

Rina Swentzell Walks On

We’ve known for a few days that our great friend and inspirational leader Rina Swentzell had walked on, but we’ve taken a few extra days to collect our thoughts on how to best represent her.

We invited Rina to Michigan State’s annual Indian law conference in 2008 and she was very gracious in accepting our invitation. That year’s conference was dedicated to the 40th anniversary of the Indian Civil Rights Act legislation, and would eventually lead to a volume of edited essays on the Act published in 2012, the misleadingly titled book, The Indian Civil Rights Act at 40.

We knew about Rina from her prior appearances at law school conferences, but mostly from her compelling talk (published as a law review article), “Testimony of a Santa Clara Woman.” The talk remains for us one of the most compelling pieces of legal scholarship, cutting through the theoretical doctrines of law we hold so dear to the muscle and bone of what federal Indian law means to the Indian people it affects. In some ways she might not have understood at the time (although I suspect she might have), her testimony was a powerful and yet gentle rebuke to commentators critical and even supportive of the Supreme Court’s decision in Santa Clara Pueblo v. Martinez, which had held that there was no federal forum to challenge a tribal law that discriminated against on its face against Indian women and their children.

At our 2008 conference, we invited several American Indian women from all over the country to talk about the Martinez decision, its legacy and its impact on their lives — Rina, Eva Petoskey, Rebecca Miles, Francine Jaramillo, and Gloria Valencia-Weber — as well as Catharine MacKinnon, one of the decision’s most critical detractors. To our surprise, all of the Indian women voiced strong support for the decision, despite the outcome. Rina was the center of that discussion. We published the commentaries of the Indian women next to Professor MacKinnon’s paper in the book in 2012.

Rina’s argument, over spirited objections, that the federal courts, even the Supreme Court, was no place to force change on tribal government and tribal law eventually prevailed. In 2014, the people of the Santa Clara Pueblo changed the tribal law in question in Martinez to be more reflective of tribal norms. Rina was a driving force in that tribal political movement.

We are terribly sad to hear of Rina’s passing, but we celebrate what she taught us.

Here is “Rina Swentzell, 1939-2015: Daughter says Santa Clara artist, activist fought for all but put family first.”

Cert Stage Briefing Complete in Jensen v. EXC Inc.

Here:

Jensen Cert Petition

EXC Cert Opp

Jensen Reply

Lower court materials here.

New on the Turtle Talk Bookshelf: Frank Pommersheim’s Tribal Justice

Here:

Blurbs:

“Frank Pommersheim is the modern apotheosis of Ksa, Nanaboozhoo, Quetzalcotl, Athena, John Marshall, and the Buddha—all legends of judicial wisdom. Tribal Justice is a powerful culmination of his career work so far, and gives us all hope for another quarter century of his judgment, experience, and calm thoughtfulness. As the Buddha (probably) said, Pommersheim ponders from the stars and judges from the sky, yet speaks from the heart and writes for the land.” — Matthew Fletcher, Professor of Law, Michigan State University College of Law

“Every Tribal Judge should read this book. Written from the perspective of an able and seasoned Tribal Appellate Justice, it shares judicial perspective that is unique to members of the Tribal Judiciary. Justice is sacred. Native Justice is rooted in a world view that is starkly different than that of dominant society. We serve in Tribal communities but must deal with misguided federal law. This writing gives us guidance. Miigwetch, Frank!” — Michael Petoskey, Chief Judge, Pokagon Band of Potawatomi

“Professor Pommersheim’s new book […] is a soul-searching and compelling look at the importance of tribal courts of appeals in the development of a body of tribal law that is responsive both to the needs of tribal citizens, who adhere to traditional notions of justice, and the non-Indian community, with well-reasoned court decisions that lay out clear parameters for law and order in tribal communities. By examining individual cases from several different tribal communities, one of which was examined by the US Supreme Court and one which is about to be critiqued, Professor Pommersheim demonstrates himself to be an indispensable player in the advancement of tribal justice in numerous communities. Having been involved in some of the cases chronicled in the book, and having served with Professor Pommersheim on appellate courts for approximately 18 years, I have seen first-hand Professor Pommersheim’s commitment to ensuring that tribal appellate courts serve the needs of all litigants in tribal courts.” — BJ Jones, Chief Judge Sisseton-Wahpeton Oyate Tribal Court; Director Tribal Judicial Institute, University of North Dakota School of Law

“Only a poet could so seamlessly intertwine memoir, practical how-to, and grand vision in one remarkable book about law and life in Indian country. Tribal Justice is deeply compelling, taking the reader on a more than quarter-of-a-century ride through an extraordinary career devoted to tribal law and the people from which it springs.” — Angela Riley, Professor of Law, UCLA School of Law

“Professor and Justice Frank Pommersheim has once again written an inspiring book […] to be read and reread. His current writing and appellate opinions provide an essential guide to understanding tribal courts, specifically appellate courts. Justice Pommersheim’s book is a must read by all legal and judicial practioners and tribal, federal and state leaders to understand the importance of the Tribal judiciary in protecting and enhancing the sovereignty of tribal nations. Respectfully, he shares his life with Indian people in a most graceful, intellectual, and poetic manner and emphasizes that justice, freedom and equality is for all.” — Cheryl Demmert Fairbanks (Tlingit-Tsimpshian), Esq., Justice for the Inter-Tribal Court of Appeals for Nevada and White Earth Nation; Visiting Professor of Law, University of New Mexico’s Southwestern Indian Law Clinic

MSU Law Alum/Board of Trustees Member Bryan Newland Selected for “Class of 2015 Up & Coming Lawyers”

Here is “Presenting … the Class of 2015 Up & Coming Lawyers” from Michigan Lawyers Weekly.Newland

Nooksack 306 Awarded $22K in Attorney Fees Against BIA For FOIA Non-Compliance

Materials in St. Germain v. Dept. of Interior (W.D. Wash.):

60 Plaintiffs’ Motion for Attorneys’ Fees and Costs

71 Stipulation for Order of Dismissal with Prejudice; Order Thereon

Prior post here.

NARF’s Library Offers Free Weekly Indian Law Updates – signup

Hello all –

If you wish to received short weekly updates on Indian law like the one below, sign up here: http://www.narf.org/nill/bulletins/index.html

National Indian Law Library Indian Law Bulletins Published 10/3/15.

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2014-2015update.html
Petition was filed in Alaska v. Organized Village of Kake, Alaska, et al. (Administrative Law – Policy Shift) on 10/12/15.

U.S. Courts of Appeals Bulletin
http://www.narf.org/nill/bulletins/cta/2015cta.html
Pauma Band of Luiseno Mission Indians of the Pauma and Yuima Reservation v. California (Tribal-State Gaming Compact – Misrepresentation)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2015state.html
San Pasqual Band of Mission Indians v. State (Indian Gaming Regulatory Act – Breach of Contract, Indian Gaming Regulatory Act – Damages)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Economic Development section, we feature an article on tribes moving beyond gaming for economic development.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2015lr.html
We feature an article about protection of environmentally displaced populations through a new relocation law and several other articles on general stream adjudication.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/114_uslegislation.html
We added two new bills:
S.2205: Tribal Healing to Wellness Courts Act of 2015.
H.R.3848: Burt Lake Band of Ottawa and Chippewa Indians Reaffirmation Act.

Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2015fr.html
We feature a notice of intent from the Legal Services Corporation to award grants for the provision of civil legal services to eligible low-income clients [including Indian country].

New Scholarship on Credit Ratings and the Availability of Credit in Indian Country

Valentina P. Dimitrova-Grajzl, Peter Grajzl, A. Joseph Guse, Richard M. Todd, and Michael Williams have posted “Neighborhood Racial Characteristics, Credit History, and Bankcard Credit in Indian Country.”

The abstract:

We examine whether concerns about lenders’ discrimination based on community racial characteristics can be empirically substantiated in the context of neighborhoods on and near American Indian reservations. Drawing on a large-scale dataset consisting of individual-level credit bureau records, we find that residing in a predominantly American Indian neighborhood is ceteris paribus associated with worse bankcard credit outcomes than residing in a neighborhood where the share of American Indian residents is low. While these results are consistent with the possibility of lenders’ discrimination based on community racial characteristics, we explain why our findings should not be readily interpreted as conclusive evidence thereof. We further find that consumer’s credit history is a robust and quantitatively more important predictor of bankcard credit outcomes than racial composition of the consumer’s neighborhood, and that the consumer’s location vis-à-vis a reservation exhibits no effect on bankcard credit outcomes.