Here are the briefs in Spirit Lake Tribe of Sioux Indians ex rel. Committee of Understanding and Respect v. NCAA:

CUR Appellant Brief

NCAA Appellee Brief

CUR Reply

Oral argument is Feb. 14.

Lower court materials and commentary here. And, yes, I stand by my comments in that post. If the CA8 doesn’t affirm in an unpublished memorandum or simply without comment, I would be surprised.

Here are the materials in Spirit Lake Sioux Tribe ex rel. Committee of Understanding and Respect v. NCAA (D. N.D.):

DCT Order Granting NCAA Motion

NCAA Motion to Dismiss

Committee Response

NCAA Reply

We posted the complaint here.

Given what I saw in my two years at UND (here is a snippet), I can’t let this go without comment. I just returned from Boulder, attending a conference in honor of David Getches, the leader in American Indian treaty rights litigation. He fought for the very survival of Indian people and Indian tribes, for the right to fish guaranteed by treaty … really for the right to exist. I see this “Committee” assert treaty rights for something as pitiful as a university sports team’s name and logo, despite all of the negative consequences of this name and logo for UND students and faculty, and I am ashamed. I find this assertion of treaty rights deeply offensive. I assume that the 1969 treaty at issue was made in good faith, but treaties between Indian people and others are made for better things than this. So much has been done in good faith by the opponents and proponents of the name and logo. But nothing good can come from the name and logo after all that has happened. Absolutely nothing.

Here: Complaint

Ok, so is this really the Spirit Lake Sioux Nation? What is the Committee of Respect and Understanding? They are the same people who sued the State of North Dakota (unsuccessfully — Davidson v. State) in the last couple years seeking the same relief from the State Board of Education. Paragraph 4 of the complaint alleges they are “authorized by the Spirit Lake Tribe to act on its behalf and proceed in any legal manner it deems appropriate to assure that the University of North Dakota (UND) shall remain known as the ‘Fighting Sioux.'” Here is a link to Dr. Erich Longie’s blog, “Dakota Hoksina,” that strongly suggests the Committee of Respect and Understanding represents very few people at Spirit Lake and Standing Rock — and perhaps not the Nation, either. He probably doesn’t represent anyone either, but seems to have about the same authority as the Committee.

And who is “tribal attorney” Reed Soderstrom? His only prior Indian law experience appears to be in foreclosing on the mortgage of a Turtle Mountain Chippewa member, and his vehicle (Gustafson v Poitra and Ford Motor Credit v Poitra).

ICT coverage here.

What’s going on????