Visit to Potawatomi Underpass in Chicago

Great grampa Leopold and Uncle Simon   

         

Posted in Author: Matthew L.M. Fletcher | Tagged , , , | Leave a comment

Seattle U.’s VAWA Panel

CAM02623

Here’s a picture from Seattle University School of Law’s very inspiring VAWA Panel tonight. Left to right, the panelists were Molly Cohan, Sharon Jones Hayden, Alfred Urbina, and Ye-Ting Woo. Most of the handouts are here.

Among the many things I learned is that the one of the Pascua Yaqui Tribe’s first VAWA cases involved a same-sex couple. It was originally thought that this case might turn out to be the first tribal VAWA case to go through the federal habeas process and to eventually reach the Supreme Court, but the jury was uncertain as to whether the victim and defendant were in an intimate relationship as required by VAWA and so the defendant was acquitted. Given that the defendant and victim lived together and had a sexual relationship, this skepticism is troubling and, sadly, may reflect unconscious homophobia. There are still many positives, however. Despite the acquittal, the case helps shed light on a hidden problem–same-sex domestic violence is still a little-known and rarely mentioned phenomenon. Kudos to Pascua Yaqui for bringing the case. The prosecutorial response on its own was undoubtedly meaningful to the victim. And, given the jury’s acquittal, the case stands as a strong example of a tribal jury’s impartial treatment of a non-member.

There was also an important discussion of the holes in VAWA, including the lack of tribes’ ability under VAWA to prosecute crimes against children as well as stranger rape. Many of the more serious recent domestic violence crimes committed by nonmembers at both Tulalip and Pascua Yaqui involved crimes against children, but tribes cannot prosecute crimes against children under VAWA, so they must depend on the federal government (or the state in Public Law states) for prosecution of these crimes.

Posted in Author: Ann Tweedy, Child Welfare, Criminal, Lecture, News | Tagged , , , , , , , , , | 1 Comment

“The Complete Timeline of the Navajo Presidential Dispute”

Paul Spruhan has posted “The Complete Timeline of the Navajo Presidential Dispute.”

Posted in Author: Matthew L.M. Fletcher, Research, tribal courts, tribal election | Tagged , , | Leave a comment

WaPo News Profile Critical of Federally-Operated Indian Schools

Here is “Federally-run Indian schools are in rough shape because of a broken bureaucracy.

Posted in Author: Matthew L.M. Fletcher, Education, News | Tagged , | Leave a comment

Federal Court Holds US May Sell Unallotted Timber Resources over Opposition from Chickasaw and Choctaw Nations

Here are the materials in Chickasaw Nation v. Dept. of Interior (W.D. Okla.):

254 Tribes Motion for Summary J

260-1 US Cross-Motion

266 Tribes Reply

269 US Reply

270 DCT Order

Here is the relevant statute authorizing (or mandating) the sale of the resource, as reproduced in the court’s order. Judge for yourself:

That when allotments as provided by this and other Acts of Congress have been made to all members and freedmen of the Choctaw, Chickasaw, Cherokee, Creek, and Seminole tribes, the residue of lands in each of said nations not reserved or otherwise disposed of shall be sold by the Secretary … under rules and regulations to be prescribed by him and the proceeds of such sales deposited in the United States Treasury to the credit of the respective tribes. . . . The Secretary … is hereby authorized to sell, whenever in his judgment it may be desirable, any of the unallotted land in the Choctaw and Chickasaw Nations, which is not principally valuable for mining, agricultural, or timber purposes, in tracts of not exceeding six hundred and forty acres to any one person, for a fair and reasonable price, not less than the present appraised value. . . . Provided further, That agricultural lands shall be sold in tracts of not exceeding one hundred and sixty acres to any one person.

Posted in Author: Matthew L.M. Fletcher, Research, trust relationship | Tagged , , , , , | Leave a comment

Pro Se Section 1983 Suit against Mille Lacs Ojibwe Dismissed

Here are the materials in Goodman v. Waukey (D. Minn.):

1 Complaint

7 Magistrate Report

11 DCT Order

Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity | Tagged , , , , | Leave a comment

MSU NALSA Spring 2015 Newsletter

Here (MSU NALSA Newsletter 2015):

MSU NALSA Newsletter 2015_Page_1 MSU NALSA Newsletter 2015_Page_2 MSU NALSA Newsletter 2015_Page_3 MSU NALSA Newsletter 2015_Page_4 MSU NALSA Newsletter 2015_Page_5 MSU NALSA Newsletter 2015_Page_6

 

Posted in Author: Matthew L.M. Fletcher, Michigan Indian, Student Activities | Tagged | 1 Comment

Controversy over Makah Treaty Whaling Rights Brewing

Here is “Sea Shepherd Announces Revival of Campaign Against Makah Treaty Rights.”
An excerpt:

From the beginning some opponents of Makah whaling engaged in behavior and used rhetoric that can contribute to anti-Indian bigotry and undermine the legitimacy of treaty rights. Some spread misinformation about treaty rights, as when the Sea Shepherd Conservation Society falsely claimed in 2005 that the Treaty of Neah Bay had been abrogated. Sea Shepherd echoed the rhetoric of the organized anti-Indian movement, declaring erroneously that upholding Makah treaty rights would be “tantamount to extra special rights for a group of people based on race and/or culture.” Anti-Indian activists use this same language in their quest to terminate tribal governments and abrogate all treaties. Sea Shepherd, Project Seawolf, Australians for Animals and other groups allied their cause with then-U.S. Representative Jack Metcalf (R-WA). Metcalf (now deceased) was a leader in the anti-Indian movement who maintained a firm foot in the politics of organized white supremacy. Anti-Makah groups have lobbied, litigated and engaged in direct action, including harassing Makah whalers and the tribal community.

Posted in Author: Matthew L.M. Fletcher, cultural resources, News, treaty rights | Tagged , , | Leave a comment

Seventh Circuit Rules in Favor of Navajo Inmate on Religious Freedom Claim

Here is the opinion in Schlemm v. Wall.

And a release from Huy.

Posted in Author: Matthew L.M. Fletcher, cultural resources, Research | Tagged , , | Leave a comment

Former Michigan Supreme Court Justice Betty Weaver is Dead

Here.

Posted in Author: Matthew L.M. Fletcher, News | Tagged , | Leave a comment