Who Won American Indian Law and Policy, 2014, Second Round, Bracket 3 of 4

Now we move on to the quarterfinals of Category 3, People and Parties.

#1 Hon. Diane Humetewa v. #8 Bill Wood

Hun, Judge Humetewa only won 89 percent of votes. Has she already presided over the criminal cases of 11 percent of TT readers and their friends and families? 🙂

I think Professor Wood’s in for a rough quarterfinal. Sorry brother. But you beat Dollar General, getting nearly two-thirds of the vote!

#4 Sarah Deer v. #5 Hon. Kevin Washburn

In a battle of two geniuses, Prof. Deer prevails with 70 percent of the vote. In the battle of two feds, the assistant secretary prevails with 71 percent. This next round is going to be a clash of titans.

#2 Justice Sonia Sotomayor v. #10 Frank Pommersheim

We believe that, based on the fact that Justice Sotomayor only won 90 percent of the vote, our alum J.S. voted at least five times. 🙂

Justice Sotomayor will face Frank Pommersheim, who narrowly defeated Judge Canby, who did not, as far as I know, get much of the haiku vote, with 55 percent of the vote.

This sets up my favorite match-up — a tale of two New Yorkers! Erin Lane, where are you?

#3 Hon. Keith Harper v. #11 Structuring Sovereignty

Ambassador Harper won easily over Chris Deschene, with 69 percent of the vote. The win of the authors of Structuring Sovereignty by a 71 percent to 29 percent vote was somewhat surprising (to me anyway). I guess it’s too late to Bear Down, Arizona.

Who Won Indian Law and Policy 2014? First Round Bracket — 6 of 8

Second part of the third category, people and parties.

# 2 Justice Sonia Sotomayor

Everyone’s favorite Supreme Court Justice. Wrote scholarly and compelling concurrence in the Bay Mills matter. Wrote amazing dissent in the affirmative action case.


# 15 McAllen Grace Brethren Church

Won Fifth Circuit case, along with Lipan Apache members, which held that the Eagle Act regs might violate RFRA.

# 7 Hon. William Canby

Just published the sixth edition of his legendary Nutshell. He’s legendary too.


# 10 Frank Pommersheim

Professor, lawyer, tribal judge, poet. Posted all of his tribal court opinions online, an absolutely incredible resource. Still stirring things up in South Dakota.

# 3 Hon. Keith Harper

Confirmed as Ambassador to the United Nations Human Rights Council. Went right after violence against Indigenous women and girls.


# 14 Chris Deschene

An amazing year, so far unsuccessfully challenging the Diné language requirement to run for tribal office at Navajo.

# 6 Robert A. Williams, Jr.

Probably should get his own category that we could parse out through the years, but this year was on Moyers. Force of nature.

# 11 Dean Stacy Leeds and Prof. Angelique EagleWoman

Yeah, time passes quicker than I thought. Turns out their great book, “Mastering American Indian Law,” was a 2013 masterpiece. Ok.

The real # 11 — Authors of “Structuring Sovereignty”

My favorite book of 2014, Structuring Sovereignty is a wonderful scholarly survey of modern tribal constitutions. Melissa Tatum, Miriam Jorgensen, Mary Guss, and Sarah Deer (a second appearance in the game).

Ambassador Harper delivers Joint Statement on Eliminating Violence Against Indigenous Women and Girls

Here is “Joint Statement on Eliminating Violence against Indigenous Women and Girls.”

The text:

I have the honor to make this statement on behalf 35 countries.

[Albania, Australia, Austria, Belgium, Benin, Bulgaria, Chile, Croatia, Congo, Czech Republic, Denmark, Estonia, Finland, Germany, Greece, Guatemala, Iceland, Italy, Lithuania, the former Yugoslav Republic of Macedonia, Mexico, Moldova, Montenegro, the Netherlands, New Zealand, Norway, Poland, Portugal, Slovenia, Spain, St Kitts and Nevis, Sweden, Switzerland, the United Kingdom, and the United States.]

As we prepare for the upcoming World Conference on Indigenous Peoples, we express great concern that indigenous women and girls often suffer multiple and intersecting forms of discrimination and poverty that increase their vulnerability to all forms of violence.  We also stress the need to seriously address the high and disproportionate rates of violence, which takes many forms, against indigenous women and girls worldwide.  Indigenous women and girls have the same human rights and fundamental freedoms as everyone else, and a common recognition of those rights must underpin efforts to address violence against indigenous women and girls.

Improving access to justice and empowering indigenous peoples are critical to this effort.  We recognize that indigenous peoples themselves may well be in the best position to combat violence against indigenous women and girls.  They are closer and better able to address the issue when provided with tools and the legal capability to stop the violence.  We will strive to, and encourage other states to, where appropriate, enable and empower indigenous peoples to better address these issues themselves by providing resources, adopting legislation and policies, and taking other necessary steps in an effort to stop the cycle of violence that affects them.  We also stress the need for coordination and dialogue between state and indigenous justice institutions to improve access to justice for indigenous women and girls and to enhance awareness campaigns, including ones directed at men and boys.

Ending the global scourge of violence against indigenous women and girls will also require comprehensive support services for survivors and improved data collection to illuminate the scope of the problem.  It will demand intensified measures to provide accountability for perpetrators and redoubled efforts to prevent abuse.  It will also entail improvements in indigenous women’s access to birth registration.  Respecting and promoting reproductive rights – including the right to make decisions concerning reproduction free of discrimination, coercion and violence, and access to comprehensive sexual and reproductive health services – must be integral to our efforts to end violence against indigenous women and girls.

We believe the topic of violence against indigenous women and girls requires greater attention.  We encourage the relevant UN mechanisms to recommend ways to use the UN’s existing tools more effectively to prevent and address this serious problem.  We also believe the upcoming World Conference on Indigenous Peoples should consider this problem and ways to heighten awareness and respond to this concern throughout the UN system.  The meaningful participation of indigenous representatives in the World Conference and its preparatory process will be essential in this regard.