13th Annual ILPC/TICA Indigenous Law Conference: Now With Webcasting!

Indigenous Law Conference at Michigan State College of Law
Thursday and Friday, November 3-4, 2016

Online and in-person attendees can register here.

Registration includes TICA membership, continental breakfast and lunch both days along with the reception Thursday night at the East Lansing Marriott. We’ve also applied for 11.25 CLEs from the Minnesota State Bar Association, and will provide forms for those seeking credits in other states.

The current agenda is here.

If you, your firm, or organization would like to be a conference sponsor, please see the form here for more information, and our deepest thanks for making the conference possible.

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ILPC & TICA Conference Art

We have a habit of getting art for our conference posters (each attendee gets a 18x print of the posters), which we give to each attendee. This year we were lucky enough to get a paining from Dawn Dark Mountain (Oneida Nation of Wisconsin). Here is her description of the work:

 Two Row Wampum/The Kaswentha

(We Will Follow Our Own Path)

Original sculptural watercolor                                        2014

According to Haudenosaunee (Iroquois) tradition, the Two Row Wampum belt was created in 1613 to record and honor an agreement between the Haudenosaunee and the Dutch, the first non-Natives to encounter our people. This treaty held three elements, first acknowledging our friendship, second that we will live in peace, and lastly that this treaty will last forever. Each peoples’ ways were symbolized by the purple rows that run the length of the belt. In one row is a ship with our white brothers ways, in the other is a canoe with the Haudenosaunee ways. They are surrounded by white, symbolizing peace. We would each follow our own path or river, side by side, in peace and respecting each other as long as the grass is green, the water runs downhill, as long as the sun rises in the east and sets in the west and as long as our Mother Earth will last.


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New Poem from Frank Pommersheim

Buddha Follows the Swerving State Van


The rebellious driver

No lines does he follow.




*Context.  While driving out to Rosebud for the Indian Law field trip, several students (e.g., Brandi Gant and Anna Limoges) write a Buddha poem about my driving skills.  They text it to Bo Bearshield who is riding with me in the state van.  He reads it aloud.  I chuckle.

The entire class (and several other patrons) are eating lunch at Subway in Winner, S.D. at the eastern edge of the Reservation.  Without thought or warning, I announce, ‘hey, listen up everybody.  Bo is going to recite a Buddha poem.’  To my surprise, Bo stands up and reads it.  There is spontaneous laughter and applause.

Buddha stays with us for the rest of the trip.



Frank Pommersheim

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Federal Court Declines to Stay Enforcement of BIA Ruling in Calif. Miwok Membership/Leadership Dispute

Here are the materials in California Miwok Tribe v. Jewell (E.D. Cal.):

10 Motion to Stay

20 Tribe Opposition

33 Reply to 20

34 US Opposition

35 Reply to 34

37 DCT Order

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Interview with Kristen Carpenter on Indian Rights

Here is “A tension as old as the country: Legal scholars put focus on Native American rights,”published in Harvard Law Today. Also in the Harvard Gazette.

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Mackinac Tribe v. Jewell Cert Petition


Cert Petition

Questions presented:

Whether the Court of Appeals deviated from this Court’s decision in Carcieri v Salazar, 555 U.S. 379 (2009) which held that the Secretary of Interior’s Federal Acknowledgment Process (FAP) established in 25 C.F.R. Part 83 is not determinative as to whether Indian Tribe is “recognized” for the purposes of the Indian Reorganization Act (25 U.S.C. § 479)?

Whether the Secretary of Interior can avoid performing her mandatory non-discretionary duty under the Indian Reorganization Act (25 U.S.C. § 476) to call elections to ratify tribal constitutional documents within a reasonable time by requiring a tribe to exhaust administrative remedies estimated to require 30 years to complete?

Lower court materials here.

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National Indian Law Library Bulletin (10/24/2016)


The National Indian Law Library added new content to the Indian Law Bulletins on 10/24/16.

U.S. Supreme Court Bulletin
The Tribal Supreme Court Update Memoranda of September 21, 2016 is available
at the Tribal Supreme Court Project website.

Petition for Certiorari was filed in Patchak v. Jewell (Separation of Powers; Due Process) and R.P. v. LA County Department of Children and Family Services (Indian Child Welfare Act).

U.S. Courts of Appeals Bulletin
Williams v. Poarch Band of Creek Indians (Age Discrimination)

News Bulletin
In the Culture & Tradition section, we feature articles about Chief Wahoo, the Cleveland Indians baseball team mascot.

U.S. Regulatory Bulletin
We feature a notice of a model Indian juvenile code from the Bureau of Indian Affairs.

U.S. Legislation Bulletin
One bill became law:
S.246: Alyce Spotted Bear and Walter Soboleff Commission on Native Children Act.

Law Review & Bar Journal Bulletin
Habitat protection and Native American treaty fishing in the Northwest.
Using vector space models to understand the circulation of habeas corpus in Hawai’i, 1852–92.
Native American use of eagle feathers under the Religious Freedom Restoration Act.

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Indian Law Section Issue in the Idaho (State Bar) Advocate


Articles on Dollar General, self-determination, marijuana, and others.

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News Profile of Mni Wiconi Rural Water Supply System

Here is “Pipeline protesters say they are fighting to protect clean water for 200,000 South Dakotans.”

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In These Times: “The Police Killings No One Is Talking About”


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Washington Court Registers Judgment against Nooksack Police Chief under State Uniform Enforcement of Foreign Judgments Act

Here are the materials in In re Gabriel Galanda v. Nooksack Tribal Court (Wash. Super. Ct. — Whatcom County):

Bree Blackhorse Declaration

Rory Lee Gilliland Declaration

Betty Leathers Letter

Whatcom County Superior Court Minute Order

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