American Indian mascots

Indian Country Implications for NFL Supreme Court Case?

Matthew L.M. Fletcher

A guest post from MSU 2L Adrea Korthase:

Following the Supreme Court denial of cert in Harjo v. Pro Football, Inc., a new group of plaintiffs has emerged to challenge the laches defense. However, maybe there is the potential for a new defendant as well.

On Wednesday, January 13th, the Supreme Court will hear American Needle v. National Football League. American Needle brought a claim against the NFL for violating antitrust statutes when the football league signed an exclusive license agreement with Reebok. The district court granted summary judgment to the NFL and the Seventh Circuit affirmed the district court’s decision, agreeing that the NFL could act as a single entity. The Supreme Court granted cert.

There is wide ranging speculation as to what will happen if the NFL prevails and the Court defines the league as a single entity. Those who are concerned cite everything from higher ticket prices to union lockouts as possible outcomes. However, if the NFL is considered a single entity, it may help the mascot fight.

If the Court determines that the NFL is a single entity and has the power to license and market their intellectual property, it is possible that the Redskin’s trademark would be part of that property. A determination of a change in hands, a change in control, could weaken a laches defense because it would have been impossible to bring an action against a single entity that did not exist until now.

In addition, because a laches defense, unlike statute of limitations, is a decision of the court, the change in the NFL’s distinction may be influential. It is possible that a court will find that the NFL has a greater responsibility, as a single entity, to rid the league of racist and disparaging trademarks.

Forthcoming Book: “American Indian Education: Counternarratives in Racism, Struggle, and the Law”

Matthew L.M. Fletcher2 Comments

My forthcoming book — “American Indian Education: Counternarratives in Racism, Struggle, and the Law” — is available for pre-order.

The blurb:

American Indian culture and traditions have survived an unusual amount of oppressive federal and state educational policies intended to assimilate Indian people and destroy their cultures and languages. Yet, Indian culture, traditions, and people often continue to be treated as objects in the classroom and in the curriculum. Using a critical race theory framework and a unique “counternarrative” methodology, American Indian Education explores a host of modern educational issues facing American Indian peoples—from the impact of Indian sports mascots on students and communities, to the uses and abuses of law that often never reach a courtroom, and the intergenerational impacts of American Indian education policy on Indian children today. By interweaving empirical research with accessible composite narratives, Matthew Fletcher breaches the gap between solid educational policy and the on-the-ground reality of Indian students, highlighting the challenges faced by American Indian students and paving the way for an honest discussion about solutions.

If you picked up a flyer at Fed Bar (american-indian-education-fba-flyer), you get a discount.

UND “Fighting Sioux” Controversy at Frozen Four

Matthew L.M. Fletcher

From 9News:

DENVER – All four colleges brought fans from all over the country to watch the best hockey teams in the country. But only one brought with it a mascot deemed officially “hostile and abusive” by the NCAA.

“We are nothing more than mascot images (to them). We are not human beings,” said Franky Jackson, a former North Dakota resident and current member of the Sisseton-Wahpeton Dakota Sioux tribe.

The University of North Dakota athletic teams have been called the “Fighting Sioux” since the 1930s. Over the years, the logo has evolved but remained a feather-wearing, male warrior, which Jackson says is insulting.

“It belittles Native Americans,” said Jackson. “The high cheekbones, the protruding nose.”

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