Category Archives: cultural resources

New Student Scholarship on Indian Sports Mascots and Nicknames

The BYU Education and Law Journal has published “Between a Tomahawk and a Hard Place: Indian mascots and the NCAA” by Stephanie Jade Bollinger. [pdf] An excerpt:: Thus, a reviewing court should find that agreements between Native American tribes and Universities … Continue reading

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Snarky News Commentary about Pro-Football Inc.’s Cert Petition

Hey it’s Friday! From Above the Law, here is “Redskins Lawyers Act Like Complete Jerks, Surprising Nobody.” An excerpt: As Alison Frankel of Reuters reports, the Redskins’ attorneys from Biglaw heavyweights Arnold & Porter and Quinn Emanuel Urquhart & Sullivan … Continue reading

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Angela Riley & Kristen Carpenter Publish “Owning Red”

Angela R. Riley and Kristen A. Carpenter have published “Owning Red: A Theory of Indian (Cultural) Appropriation” (PDF) in the Texas Law Review. Here is the abstract: In a number of recent controversies, from sports teams’ use of Indian mascots … Continue reading

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Pro-Football Inc. v. Blackhorse Cert Petition

Here. Question presented: The “disparagement clause” in § 2(a) of the Lanham Act bars the registration of a trademark that “may disparage … persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute.” 15 … Continue reading

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US Confiscates Fake Indian Art from Santa Fe Plaza Stores

Here is the complaint in United States v. 13 Pieces of Counterfeit Native American Jewelry (D.N.M.): Complaint And here is the complaint in United States v. $20,109 in U.S. Currency (D.N.M.): Complaint

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Federal Court Dismisses Suit to Force BIA to do More to Protect Eagles affected by Wind Energy

Here are the materials in Protect Our Communities Foundation v. Black (S.D. Cal.): 33 Tule Wind Motion 34-1 Ewiiaapaayp Band of Kumeyaay Indians Motion 35-1 US Motion38 Opposition 43 Ewiiaapaayp Band of Kumeyaay Indians Reply 44 Tule Wind Reply 45 … Continue reading

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News Profile of Klamath River Dam Removal Plan

Here. More here: http://www.krcrtv.com/north-coast-news/news/dam-removal-along-klamath-river-moves-forward-with-agreement/38903812 http://www.capitalpress.com/Water/20160406/state-federal-officials-sign-new-klamath-dam-agreements Coverage focusing on the tribal impact: http://www.takepart.com/article/2016/04/06/removal-klamath-river-dams-california-oregon

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Ninth Circuit Rejects Oklevueha NAC Religious Freedom Claims to Cannibis

Here is the opinion in Oklevueha Native American Church v. Lynch. From the syllabus: The panel affirmed the district court’s summary judgment in favor of federal officials, and held that the district court properly denied the plaintiffs – Oklevueha Native … Continue reading

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Navajo Prevails at Ninth Circuit in NAGPRA Dispute with DOI

Here is the opinion in Navajo Nation v. Dept. of Interior.   From the syllabus: The panel reversed the district court’s dismissal of the Navajo Nation’s suit seeking an injunction ending the National Park Service’s inventory, pursuant to the Native American … Continue reading

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Defendant Pleads Guilty to NAGPRA Crime

Here are the materials in United States v. Thacker (S.D. Ohio): 12 MJ Report 14 DCT Order Accepting Plea An excerpt: Defendant is hereby adjudged guilty of knowingly selling and using for profit the human remains of a Native American.

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