Top Ten Indian Law Stories of 2010

Based on numbers of hits, and a nice review of the year, here is the First Top Ten Indian Law Stories of the Year:

  1. Wells Fargo v. Lake of the Torches EDC. The effort by the bank to force Lac du Flambeau to pay its obligations had been shut down by the conclusion of a federal court that the trust indenture was a gaming management contract. A Seventh Circuit appeal was briefed and argued, and is pending. Posts are here and here.
  2. Tribal Law and Order Act. Congress finally passed a piece of legislation geared at dealing with a national problem — the incredible rise of violent crime in Indian Country, and most especially violence against Indian women. Top posts are here and here.
  3. Challenges to the PACT Act. Congress’s effort to destroy what remains of Indian country tobacco sales over the internet was initially enjoined, but that injunction was lifted. The cases are now pending in the Second Circuit. Top posts here and here.
  4. Gun Lake Band Casino news. The Gun Lake Band finally began construction on its casino after more than a decade of legal challenges, only to face a difficult financing market. Posts are here and here.
  5. Bay Mills Indian Community opens casino in Vanderbilt, MI on fee land. Would probably be number 1 or 2 if it happened earlier in the year. Posts here and here.
  6. Chief Justice Roberts dissent in North Carolina v. South Carolina. Mountain out of a molehill? Maybe, but still…. Post here.
  7. Bloomberg report on Foxwoods default. Old news, but continuing to be important. Post here.
  8. Elena Kagan Appointment to Supreme Court. Plenty of speculation here on her (lack of an) Indian law record. Top posts here and here.
  9. Supreme Court 2010 October Term Preview. Here.
  10. Possible Keith Harper Appointment to Tenth Circuit. Here.

Honorable mentions include the indictment of former Sault Ste. Marie tribal official Fred Paquin; Walter Echohawk’s new book; federal court challenges to consecutive sentences by tribal courts; the Saginaw Chippewa reservation boundaries settlement, and the passing of Phil Frickey.

Update (2:30 PM): Obviously, as Alex Skibine noted in the comments section, the Cobell settlement was a huge story for the year, while probably happening too late in the year to generate enough hits to make the top ten list. Same goes for President Obama’s announcement of support for the UN DRIP.

Dale Kildee Opposes Bay Mills Off-Rez Casino Efforts

Here is the article.

LTBB v. BMIC — Federal Court Filings Seeking to Enjoin Vanderbilt Casino

Here are the materials in Little Traverse Bay Bands of Odawa Indians v. Bay Mills Indian Community (W.D. Mich.):

2010-12-21 Complaint

2010-12-21 Pltfs Motion forPreliminary Injunction Expedited C

2010-12-21 Brief in Support of Preliminary Injunction

Little Traverse to Sue Bay Mills Tomorrow

News article here.

NIGC and Interior Opine that Bay Mills Vanderbilt Casino is NOT on Indian Lands and is Therefore Illegal

Here are the opinions (here and here):

BayMillsJurisdictionOpinionFinal

BayMills+Sol+Op+letter+(2)

 

Michigan AG’s Office Issues Demand to Bay Mills to Close Vanderbilt Casino

Here is that letter: Bay Mills Ltr 12 16 10.

Bay Mills’ legal theory (at least as presented to the NIGC) is here.

Detroit News Laments “Low-Rent Casinos” in Editorial re: Bay Mills Vanderbilt Casino Start-Up

A cheap shot from the News:

Editorial: Rolling the dice

Allowing a slot machine hall without state involvement opens door to proliferation of low-rent casinos

The latest tribal casino imbroglio illustrates what a tangled web government weaves when it attempts to determine who will be winners and losers in the marketplace. Five tribes want Michigan to crack down on a new slot machine hall the Bay Mills Indian Community has installed 100 miles south of its Upper Peninsula headquarters near Brimley, arguing it violates the spirit of the law allowing casinos on tribal land.

In a perfect world, casino locations would be based on business prospects. But because gambling is a regulated industry, the state is going to have to wade into this controversy, and Gov.-elect Rick Snyder will inherit the job of negotiating some new ground rules with the Indian communities regarding the proliferation of casinos.

Continue reading

Interlochen Public Radio on the Bay Mills Vanderbilt Casino Controversy

Here.

By Linda Stephan

A small casino that just opened last month in Vanderbilt is already growing. The Gaylord Herald Times reports leaders of the Bay Mills Indian Community are building on to the small facility, even as questions abound over its legality.

Several other Indian nations say it is not legal and that Vanderbilt is not place Bay Mills has any historic claim to. That’s a traditional litmus test with off-reservation gaming.

The state has yet to decide whether the casino is legal.

It’s no more than a few dozen slot machines and even after expansion, it will be just 2,600 square feet. But it’s widely speculated that this is a test case, and that the tribe would like to build in other places, such as Port Huron.

Play the audio above for more on the legal questions, as seen by Matthew Fletcher. He’s a member of the Grand Traverse Band and an Indian law expert at the Michigan State University College of Law. He spoke with IPR’s Linda Stephan.

 

Bay Mills to Expand Vanderbilt Casino

From Indianz:

The Bay Mills Indian Community of Michigan is already expanding its controversial off-reservation casino.

The tribe opened the 1,200 square-foot facility on November 3. A 1,400 square-foot addition will more than double the size of the casino.

“It’s going as well as we had expected. On opening day we were tickled pink with the number of people who showed up,” spokesperson Shannon Jones told The Petoskey News-Review

Other tribes say the facility is illegal. But Bay Mills says it’s entitled to open a casino in connection with a land claim settlement.

Get the Story:
Casino expands in Vanderbilt (The Petoskey News-Review 12/8)

Bay Mills Indian Community Submission to NIGC re: Vanderbilt Casino

This document was submitted in support the Bay Mills Indian Community’s amendment to their gaming ordinance, and appears to be the legal justification for their Vanderbilt casino.

Here it is: Bay Mills Submission to NIGC.