Ninth Circuit Decides Cloverdale Rancheria v. Jewell

Here is the unpublished opinion.

Plaintiffs-Appellants are five members of the Cloverdale Rancheria of Pomo Indians of California (“the Tribe”) who seek to compel Defendants-Appellees, the Department of Interior and its officials (“the Department”), to recognize them as the Tribe’s leadership and negotiate self-determination contracts with them. The district court dismissed both of Plaintiffs-Appellants’ complaints for lack of subject matter jurisdiction and lack of standing. We review these dismissals de novo, Rhoades v. Avon Prods., Inc., 504 F.3d 1151, 1156 (9th Cir. 2007), and we affirm.

Briefs and other materials here.

Ninth Circuit Materials in Cloverdale Rancheria v. Interior

Here are the briefs:

Cloverdale Opening Brief

Cloverdale Amicus Brief

Interior Answer Brief

Cloverdale Reply

Oral argument audio here.

Lower court materials here.

Briefs in Mackinac Tribe v. Jewell (Complaint for Federal Recognition)

Here:

7-1 US Motion to Dismiss

10 Tribe Opposition

12 US Reply

Complaint is here.

Second Circuit Briefs in Schaghticoke Appeal

Here are the briefs in Schaghticoke Tribal Nation v. Kent School Corp. Inc.:

Schaghticoke Brief

Connecticut Brief

Kent School Corp et al Brief

US Brief

Schaghticoke Reply

Lower court materials here.

Randall Akee: “The press for Native Hawaiian federal recognition is presumptuous”

From the Hawaii Independent. A response to this news.

An excerpt:

In moving forward, what should be done? The process for Federal recognition was a knee-jerk reaction to the Rice v. Cayetano decision. Surely there are other legal strategies and plans that the Office of Hawaiian Affairs and State officials can undertake to protect the OHA trust assets and Native Hawaiian entitlement programs. In the 14 years since the decision, the trust and programs have survived without a serious attack. It should be noted that political winds change all the time and there is no absolute certainty with Federal recognition either. For instance, during the 1940s, 1950s and 1960s the US Federal government’s policy was to terminate the legal and political existence of some Federally recognized American Indian tribes in California, Oregon and a number of other US States. During the Civil Rights era of the 1960s and 1970s, the US Federal government made a significant change in that policy and worked to empower tribal governments. However, it is impossible to guarantee that future US Federal policies will not shift back in that direction again. 

Interior Moves to Dismiss Mackinac Tribe Suit for Federal Recognition

Here:

7-1 US Motion to Dismiss

Complaint here.

Mackinac Tribe v. Jewell — Complaint for Federal Recognition

Here is the complaint:

Complaint

An excerpt:

COMES NOW, Petitioner, MACKINAC TRIBE, by and through undersigned counsel, to petition the Court to determine that the MACKINAC TRIBE is a federally recognized  Indian Tribe, and to order the Defendant, Secretary of the Interior, to conduct elections under the Indian Reorganization Act to adopt a draft proposed Constitution for such tribe, and such other relief as may be appropriate.

ILPC Book Talk — Recognition, Sovereignty Struggles & Indigenous Rights in the United States

Amy Den Ouden, Kathleen Brown-Perez, Jean O’Brien, Ruth Torres

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Federal Recognition Event at MSU Thursday

This is a big week at Michigan State. Our Spring Speakers event is this Thursday at 2pm in the Castle Board Room at MSU Law. The 1491s will be on campus Friday.

13-I&P-35 ILPC Spring Speaker Series Poster_final (3)

Nipmuc Nation v. Jewell — Complaint Seeking Federal Recognition

Here:

Complaint

News coverage here.