“Tribal Extinction” Panel — This Friday

Tribal Extinction: Enrollment Issues in the 21st Century – featuring Marilyn Vann and Mike Phelan

The Native American Law Students Association and the Center for Diversity Services will welcome two speakers on Friday, November 9 to discuss perspectives of tribal enrollment, a controversial issue at the forefront of Indian Law and Constitutional Law. The event features guest speakers Marilyn Vann, recently disenrolled from the Cherokee Nation and lead plaintiff in the Cherokee Freedmen cases, and Mike Phelan, counsel for the Pokagon Band of Potawatomi Indians. The event begins at 6:30pm in the Castle Board Room on the 3rd floor of the MSU College of Law. Dinner will be served and all are welcome. Please contact Melissa Velky with any questions at velkymel@msu.edu.

 

Details about the Cherokee Freedmen (and others) are here.

 

All the documents filed in Vann v. Kempthorne are here.

Mich. Supreme Court Justice Cavanagh Talk: Michigan Indian Judicial Association

Justice Michael Cavanagh, the Michigan Supreme Court’s liaison with Michigan’s tribal courts, is speaking before the members of the Michigan Indian Judicial Association this morning.

Justice Cavanagh, along with Tribal Judge Michael Petoskey, spearheaded the Court’s adoption of Michigan Court Rule 2.615, extending comity to tribal court judgments.

Justice Cavanagh wrote about the origins of the rule in an article published in the University of Detroit Law Review. Download Justice Cavanagh’s Article.

Tribal courts from numerous tribes appeared at this talk today at the MSU College of Law: Nottawaseppi Huron Band of Potawatomi Indians, Pokagon Band of Potawatomi Indians, Little Traverse Bay Bands of Odawa Indians, Little River Band of Ottawa Indians, Bay Mills Indian Community, Keweenaw Bay Indian Community, Saginaw Chippewa Indian Tribe.

Justice Michael F. Cavanagh

Justice Cavanagh received a bachelor’s degree from the University of Detroit in 1962 and his law degree from the University of Detroit Law School in 1966. He began his career as a law clerk for the Michigan Court of Appeals. In 1967, Justice Cavanagh was hired as an assistant city attorney for the City of Lansing and thereafter was appointed as Lansing City Attorney, serving until 1969. He then became a partner in the Lansing law firm of Farhat, Burns and Story, P.C. In 1971, he was elected judge of the 54-A District Court. Justice Cavanagh was then elected to the Michigan Court of Appeals, where he served from 1975-1982. At that time, he was the youngest person ever elected to the Michigan Court of Appeals. Justice Cavanagh was elected to the state Supreme Court in 1982 and was re-elected in 1990, 1998, and 2006. He served as Chief Justice from 1991-95. Justice Cavanagh’s current term expires January 1, 2015.

The son of a factory worker and a teacher who moved to Detroit from Canada, Justice Cavanagh worked on Great Lakes freighters during the summers to help pay his tuition at the University of Detroit. During his years in law school, he was employed as an insurance claims adjuster and also worked for the Wayne County Friend of the Court as an investigator.

Justice Cavanagh has participated in numerous community and professional activities, including Chairman of the Board of the American Heart Association, Past President of the Incorporated Society of Irish/American Lawyers, Board of Directors of the Thomas M. Cooley Law School, and the Commission on the Future of the University of Detroit Mercy . He is a Member of the Institute of Judicial Administration, New York University Law School. He has served as Vice President of the Conference of Chief Justices, Chair of the National Interbranch Conference of Funding the State Courts, and member of the National Center for State Courts Court Improvement Program. Other appointments include the Michigan Justice Project, Chairman of the Judicial Planning Committee, Michigan Crime Commission, Judicial Coordinating Committee, and Chair of the Sentencing Guidelines Committee. Justice Cavanagh is the Supervising Justice of the Michigan Judicial Institute. Justice Cavanagh was instrumental in the planning, design, construction and eventual completion of the Michigan Hall of Justice. He has served as Supreme Court Liaison, Michigan Indian Tribal Courts/Michigan State Courts since 1990, and has attended many national Indian Law conferences and participated in Federal Bar Association Tribal Court symposiums.

Justice Cavanagh and his wife, Patricia, are the parents of three children, and have two grandsons. The Cavanagh family resides in East Lansing .

H.R. 2837: Indian Tribal Federal Recognition Administrative Procedures Act

Here’s the full text of the bill.

And here’s the link to the testimony in the House Resources Committee on October 3, 2007.

Jim Keedy of Michigan Indian Legal Services testified. As Jim notes in his testimony, MILS has assisted numerous Michigan tribes in their federal recognition efforts, including Pokagon Band, Little Traverse, Little River, Lac Vieux Desert — and Grand Traverse Band, the first tribe recognized under the Federal Acknowledgment Process, 25 C.F.R. Part 83 (then Part 54). MILS is now representing the Grand River Band of Ottawa Indians in their attempt to become federally recognized. Their petition is complete, but as Jim Keedy testified, it will be 15-20 years before the Bureau of Acknowledgment and Research will place their file on active review.

Pokagon Band Distribution Fund

From WSJV:

A Band of Native Americans Give Back  
 

A band of Native Americans are giving back to the land and its people.

The Pokagon Band of Potawatomi Indians and the Four Winds Casino Resort in New Buffalo launched the Pokagon Fund.

It goes above and beyond what Michigan provides in money for the area. The fund is open to cities and non-profit groups including the arts and culture and health services.

It aims at enhancing people’s lives.

Pokagon Fund Executive Director Mary Dunbar says, “We’re really looking forward to seeing the kinds of applications that come through. Right now we don’t know what kinds of projects we’ll be funding and we look forward to receiving applications.”

The fund comes from electronic gaming money at the Casino Resort. For a grant application and guidelines, log on to www.pokagonfund.org

More coverage of this interesting concept here and here.

MSU NALSA Panel: Cherokee Freedmen

On November 9, 2007, MSU’s Native American Law Students Association will be hosting a panel discussion on tribal membership issues in light of the Cherokee Freedmen controversy.

The speakers include Marilyn Vann, the lead plaintiff in Vann v. Kempthorne (D. D.C.), and Mike Phelan, in-house counsel for the Pokagon Band of Potawatomi Indians. Mike’s talk will be a more general discussion of the law of tribal membership.

Materials about the Cherokee Freedmen dispute are available on Indianz.com here. My own take on the question is here and here.