Sarah Deer and Elizabeth Kronk Warner on Trump, Indian Country, Sexual Assault, and Extractive Industries

Sarah Deer and Elizabeth Ann Kronk Warner have posted “Raping Indian Country” on SSRN. Here is the abstract:

In this article, we have examined the policies of the Trump Administration as they relate to extractive development on and near Indian country, and policies related to the protection of Native people from rape and sexual assault. As demonstrated above, the Administration’s policies are likely to increase both the environmental and physical vulnerabilities of Native people. Native people will not only likely face exasperated physical insecurity, but their environments will likely be increasingly stripped on natural resources. As a result, the raping of Indian county continues. But, this article is not without hope. At least two ways forward, improvements upon the status quo exist. Tribal governments possess the requisite capacity to address the environmental and criminal challenges presented here. Further, changes to federal law, such as the Oliphant fix suggested above, provide meaningful opportunities for change. The rape of Indian country envisioned in this article is not a foregone conclusion; together change can protect our land and bodies.

Highly recommended.

Sarah Deer on Improving the Federal Response to Sexual Violence in Indian Country

Sarah Deer has Published “Bystander No More? Improving the Federal Response to Sexual Violence in Indian Country” in the Utah Law Review.

Here is the abstract:

For better or worse, the federal government has taken responsibility for providing for the protection of Native people. So long as the federal government refuses to allow tribes to govern themselves completely and independently, it is imperative that the federal government enact policies empowering Native survivors of sexual assault. The federal government must do more to protect tribal members from sexual predators, to safeguard reservations not only from career criminals but also to ensure that federal agencies like the Bureau of Indian Affairs and the Indian Health Services do not hire men with a history of violence against women or children. Further, when attacks do occur, the federal government must investigate and prosecute these crimes in a timely manner.

Highly recommended.

New in the Turtle Talk Bookshelf — Sarah Deer’s “The Beginning and End of Rape: Confronting Sexual Violence in Native America”

Highly, highly recommended.

Here is the website.

Sarah Deer Book

Here is the blurb:

How to address widespread violence against Native women—practically, theoretically, and legally—from the foremost advocate for understanding and change

The Beginning and End of Rape makes available the powerful writings in which Sarah Deer, who played a crucial role in the reauthorization of the Violence Against Women Act in 2013, has advocated for cultural and legal reforms to protect Native women from endemic sexual violence and abuse. These essays point to the possibility of actual and positive change in a world where Native women are systematically undervalued, left unprotected, and hurt.

Sarah Deer’s New Book on Confronting Sexual Violence in Native America

Available in November!Sarah Deer Book

Sarah Deer will soon publish “The Beginning and End of Rape: Confronting Sexual Violence in Native America” with the University of Minnesota Press.

From the blurb:

How to address widespread violence against Native women—practically, theoretically, and legally—from the foremost advocate for understanding and change

The Beginning and End of Rape makes available the powerful writings in which Sarah Deer, who played a crucial role in the reauthorization of the Violence Against Women Act in 2013, has advocated for cultural and legal reforms to protect Native women from endemic sexual violence and abuse. These essays point to the possibility of actual and positive change in a world where Native women are systematically undervalued, left unprotected, and hurt.

How Lack of Tribal Access to Databases Contributed to Tragic School Shooting

Full article here.

Excerpts from the article:

A flawed reporting system between tribes and outside authorities allowed a man to buy a handgun later used by his son to kill four classmates and himself in Washington state — a problem state and federal agencies have long known about but haven’t fixed.

A domestic violence protection order issued by the Tulalip Tribal Court should have prevented Raymond Lee Fryberg Jr. from buying firearms. But the order was never entered into any state or federal criminal databases, as it would be if it came from a Washington county court.

Critics say that’s because state and federal officials have failed to establish a system that allows tribal courts to enter those orders directly, or create a process that ensures it happens easily.

Fryberg passed a background check when he bought one of the guns his son, Jaylen, used in an October shooting at his high school north of Seattle. Had the protection order been in a database, Fryberg would have failed the check and been denied the gun.

. . . .

A key problem is logistics. There’s no uniform way to enter information on tribal protection orders into state databases or the National Instant Criminal Background Check System, and such reporting is not required by law.

“I can’t think of a single tribe that wants abusers to have access to firearms, but despite our efforts, we keep hitting roadblocks,” said Sarah Deer, a professor at William Mitchell College of Law in Saint Paul, Minnesota.

Stephen Fischer Jr., with the FBI’s Criminal Justice Information Services, said some tribes enter protection orders into a national database themselves, while others have agreements for state or local agencies to do it for them. Some tribes have no involvement with federal and state databases.

Tulalip Tribes attorney Michelle Demmert has said in testimony to the U.S. Justice Department that tribal courts should not have to go through the states to enter data.

“As sovereign nations, we should not be treated as subservient partners to the state,” she said.

. . .

The National Congress of American Indians said entry of tribal court cases often is done through agreements with state or county agencies, but that data entry “is frequently denied or delayed, thus jeopardizing victim safety.”

The organization called on the U.S. attorney general to review how criminal databases are accessed, consult with tribal governments and develop a remedy.

In another article posted on Indianz.com, full article here, Judge Richard Blake, current president of the NAICJA board said,

“This problem is not a local problem or unique to the Tulalip Tribes. The issue of lack of entry of tribal protection orders in state and federal databases is a national crisis,” said Richard Blake, a member of the Hoopa Valley Tribe of California who serves as the president of the board of directors for NAICJA.

At the state level, Blake noted that tribes are barred from submitting data by the Washington State Police. So some tribes, including Tulalip, have entered into agreements in which local courts submit the information to the state database.

But Blake, who served as chief judge for his tribe, said the process is not flawless. Without direct tribal access, cases could fall through the cracks.

“We had hoped that with the passage of the Tribal Law and Order Act of 2010 which mandated the federal government to provide access to federal databases that this critical gap in public safety would be closed,” Blake said. “But here we are five years later and the U.S. Department of Justice and the FBI are still in violation of the statutory requirement that tribes be given direct access to the NCIC system.”

Previous coverage here.

Who Won American Indian Law and Policy 2014? Third Round Bracket 2 of 2

Now for the other half of the bracket.

Category 3 — People and Parties

Notably, this is an all-woman category semifinal. Damn right.

#1 Hon. Diane Humetewa v. #4 Sarah Deer

Judge Humetewa knocks off Bill Wood with 74 percent of the vote. Bill.I.Am’s Backers made it closer than I predicted. Sarah Deer keeps rolling, taking down the assistant secretary with 62 percent of the vote.

#2 Justice Sonia Sotomayor v. #11 Structuring Sovereignty

Justice Sotomayor wins the battle of New York City with 69 percent of the vote. The Structuring Sovereignty team keeps rolling with 58 percent of the vote.

Category 4 — Other

#1 1491s v. #5 Cohen Handbook

It appears the number of people who reject NFL racism outnumbers the Cobell class pool; I’d say we have a victory of humor over angst. And it wasn’t close, as the 1491s win 61 percent of the vote.

In the other matchup, Cohen outran Ma’iingan, which is saying something.

This semifinal reminds me of the theme song to Pinky and the Brain — one is a genius, the other’s insane. But which is which?

#10 Tribal In-House Counsel Assn. v. #6 Carcieri Challengers

In a massive upset, upstart TICA knocks of the Supreme Court project with 65 percent of the vote. No, I’m serious.

This sets up a huge round-of-16 matchup between TICA and the Carcieri beneficiaries In other words, will principle defeat market share?