Keeping Indians Out of the Revolution

From an article in the Harvard Law Review in 1900 (13 Harv. L. Rev. 319):

Talk to the Six Nations, of July 13, 1775: “Brothers and Friends! We desire you will hear and receive what we have now told you, and that you will open a good ear, and listen to what we are now going to say. This is a family quarrel between us and old England. You Indians are not concerned in it.” (The Six Nations, however, were inhabitants of New York State.) Journals of Congress, July 13, 1775. The committee consisted of five members: Philip Schuyler (N. Y.); Patrick Henry (Va.); James Duane (N. Y.); James Wilson (Penn.); and Philip Livingston (N. Y.)

Devastating Forest Fire at Keweenaw Bay Indian Reservation

From ICT:

MARQUETTE, Mich. – Several American Indian tribes helped plant 12,000 trees across northern Michigan in May during the interfaith EarthKeeper Tree Project including members of an Ojibwa tribe who bravely tried to save 45 sacred spirit houses from being destroyed as two huge forest fires broke out just hours after planting the last seedlings.

Thousands of EarthKeeper volunteers from more than 100 churches and temples planted more than 12,000 white spruce and red pine seedlings measuring 12 to 16 inches tall in all 15 Upper Peninsula counties and Minocqua, Wis., said Catholic EarthKeeper Kyra Fillmore of Marquette, the project distribution coordinator, adding the teams hope “the trees grow strong and tall.”

The EarthKeeper team includes 10 faith traditions with more than 150 participating churches/temples (Catholic, Episcopal, Lutheran, Presbyterian, United Methodist Church, Unitarian Universalist, Baha’i, Jewish, Zen Buddist, Quakers), plus the nonprofits Superior Watershed Partnership and Cedar Tree Institute, as well as the Northern Michigan University EarthKeeper Student Team.

Hours after the last of 12,000 trees were planted, a forest fire on the Keweenaw Bay Indian Community reservation jumped the road ravaging a sacred cemetery.

In an ironic twist, two huge forest fires erupted May 20 destroying thousands of trees only hours after the final ones were planted by members of the Keweenaw Bay Indian Community.

Fanned by 40 mile per hour winds with gusts to 60 mph, one inferno in Baraga County rampaged across hundreds of acres of KBIC forest land and into a tribal cemetery used by members of the Zeba Indian Mission United Methodist Church.

Susan J. LaFernier, church member and KBIC vice president, said the fire destroyed 45 sacred spirit houses at the KBIC Pinery Cemetery that has been managed by the Zeba Indian Mission for nearly 200 years.

When the blaze roared across the remote cemetery surrounded by woods LaFernier was raking and preparing to bury her cousin hours after planting the last of the trees.

She and tribal men, who were preparing the grave, jumped into action using anything they could to prevent the fire from reaching the spirit houses; fortunately dozens were saved.

Two Papers by Patrice Kunesh on SSRN

The Indian Child Welfare Act of 1978: Protecting Essential Tribal Interests
University of Colorado Law Review, Vol. 60, No. 131, 1989
Patrice H. Kunesh
University of South Dakota

Tribal Self-Determination in the Age of Scarcity
South Dakota Law Review, Vol. 54, No. 398, 2009
Patrice H. Kunesh
University of South Dakota

Tenth Circuit Affirms Dismissal of Employment Discrimination Claim against OK City Indian Health Clinic

Here is the opinion in Nettle v. Central Oklahoma Indian Health Council. An excerpt:

Moreover, even if Ms. Nettle’s EEOC charge could be interpreted as expansively as she now asks, her complaint in district court was expressly limited to “retaliation for filing a charge of discrimination.” R. 30. Whatever may be the reasons for liberal construction of an uncounseled EEOC charge, it is well established that claims not made in district court are waived. United States v. Rogers, 556 F.3d 1130, 1136 (10th Cir.2009). Accordingly, we affirm the district court in granting summary judgment to the Clinic on her retaliation claim.

NYTs Op-Ed on Independence Day, Indians, and Government

From the NYTs:

By KATHLEEN DuVAL

FROM the perspective of 2009, democracy in the United States is a great success. This makes it is easy to imagine that the march to democracy was the only path — that there is a clear line from the Declaration of Independence to the presidency of Barack Obama, and that democracy is the only fair society. But republican government was a risky choice at the time of the Revolution, and democracy was almost out of the question. There were more proven alternatives for running a society fairly. A look at two other contenders for control of the continent in 1776 — American Indians and Spaniards — reveals that democracy’s supremacy in promoting human rights was far from inevitable.

There were Indians fighting on both sides of the Revolution and others who tried to stay neutral. But whatever their choice, Indians did not fight for an American republic or a British constitutional monarchy but for their own goals, especially sovereignty. While American Indians were politically diverse, by the Revolution their most common governance structure consisted of multiple chiefs with limited power, advised by councils of elders. Chiefs led by persuasion rather than force. As a Mohawk man of the day explained, “We have no forcing rules or laws amongst us.”

Harris Complaint against Sycuan Band Dismissed Again

Once again, the Southern District of California has dismissed a claim against the Sycuan Band of Diegueno Indians under the Federal Arbitration Act — Second DCT Order Dismissing Harris Complaint — she was given leave to amend a third time, though.

First case is here.

LTBB Election Results

From the Petoskey News-Review:

Tribal leadership shifting

By Christina Rohn News-Review Staff Writer

Wednesday, July 1, 2009 9:18 AM EDT

The leadership for the Little Traverse Bay Bands of Odawa Indians will be shifting.On Monday, during the tribe’s general election, the team of 51-year-old Ken Harrington of Petoskey and 63-year-old Dexter McNamara of Pigeon, won the chairman/vice chairman positions over incumbents Frank Ettawageshik and Bill Denemy — with 504 votes to 319.

Each position has a four-year term.

Harrington said when the results came in Monday, he was elated.

“We were right there at the polls … I did the Tiger Woods pump, and immediately left the room and started making calls,” he said. “I’m just thankful and I feel real humble — it’s been a long road.”

Ettawageshik, who has served on tribal government for 20 years — 14 as chairman — said he is ready to help Harrington make the transition into his position.

“I have congratulated Ken on his win, and I’ll be working on a smooth transition from one administration to the other,” he said.

Harrington said he is ready to get to work, and has different priorities for the tribe than the current administration.

“There’s different agendas that I have that Frank has been implementing, or not implementing,” he said. “(Frank) does so much travel, and his time was spread so thin with so many different committees that it was hard to do what needed to be done here at home.

“I hope to get caught up to speed on things — I want to move in as fast as possible.”

Harrington said he has plans to rent out the old Victories Casino building, and focus on renewable energy.

As for the five seats available on tribal council, each having four-year terms, Julie Shananaquet secured her place with 543 votes, John Bott won a spot with 520 votes, Belinda Bardwell took a position with 439 votes, incumbent Melvin Kiogima secured his seat with 402 votes and Aaron Otto rounded out the group of five with 399 votes.

Harrington said he is pleased to see new people getting a chance on the council.

“The new generation is coming in — we’re the younger people,” he said. “The ‘good old boy’ system is going to change — I think it’s good.”

Ettawageshik said he agrees that having new members on the council is positive for the tribe.

“I just think it’s a very healthy and good thing,” he said. “I’m looking forward to getting our council seated and functioning.”

According to Denise Petoskey, chair of the Little Traverse Bay Bands of Odawa Indians’ election board, these results are preliminary, and will be certified July 13, and the swearing in will take place Aug. 23.

Federal Court Holds that California Waived Eleventh Amendment Immunity from IGRA Good Faith Suits

Here is the opinion in Big Lagoon Rancheria v. California — DCT Order Denying Cal Motion to Dismiss

The materials:

California Motion for Judgment on Pleadings

Big Lagoon Rancheria Opposition Brief

California Reply Brief

An excerpt:

Oklahoma Supreme Court Allows Tort Claims in State Courts against Tribal Casinos

Expanding its decision in Cossey v. Cherokee Nation, the Oklahoma Supreme Court held that state courts have jurisdiction over tort claims against tribal casinos in the companion cases Griffith v. Choctaw Casino of Pocola and Dye v. Choctaw Casino of Pocola. An excerpt from Griffith:

We recently handed down our opinion in Cossey v. Cherokee Nation Enterprises, LLC, 2009 OK 6, — P.3d —-, (mandate issued June 11, 2009), holding that the state district court is a court of competent jurisdiction as that phrase is used in the Cherokee Nation’s tribal gaming compact. Today, in separate opinions in this case and in the related case of Dye v. Choctaw Casino of Pocola, Oklahoma,2009 OK 52, we determine that Oklahoma district courts are courts of competent jurisdiction as that phrase is used in Oklahoma’s statutory model tribal gaming compact and therefore the state courts may exercise jurisdiction over the tort claims against the Choctaw Nation and its casino in Pocola, Oklahoma.

Rhode Island Supreme Court Decides ICWA Expert Witness Case

Here is the opinion in In re Tamika R. An excerpt:

The respondent, Jackie Robinson, appeals from a Family Court decree finding his daughter Tameka to be dependent and committing her to the care, custody, and control of the Department of Children, Youth and Families (DCYF) with discretion as to placement. He argues that DCYF failed to present expert testimony in compliance with the federal Indian Child Welfare Act (ICWA). Mr. Robinson further argues that the trial justice’s finding of dependency was not supported by clear and convincing evidence. Finally, he submits that the trial justice’s “prosecutorial manner of questioning” deprived him of a fair and impartial trial. After examining the written and oral submissions of the parties, we are of the opinion that the appeal may be resolved without further briefing or argument. For the reasons hereinafter set forth, we vacate the decree of the Family Court.