Senators Tester and Franken Introduce Legislation to Expand Tribal Jurisdiction

Senators Tester and Franken have introduced legislation to expand tribal criminal jurisdiction over non-Indians for drug related crimes, domestic violence against children, and crimes committed against tribal law enforcement officers.  The proposed bill comes on the heels of the reauthorization of the Violence Against Women Act, which allows Indian tribes to prosecute non-Indians in certain instances. …

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Jim Harrison Walks On

Here. Harrison was a long time resident of Michigan, including Leelanau County, where he knew many Anishinaabe people. He wrote a compelling introduction to the history of the Grand Traverse Band of Ottawa and Chippewa Indians, Mem-ka-Weh: The Dawning of the Grand Traverse Band of Ottawa and Chippewa Indians. He also wrote many Indian characters …

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Judge Garland’s Indian Law Record

President Obama is expected to announce D.C. Circuit Judge Merrick B. Garland to the Supreme Court. Judge Garland has a very limited record on Indian law issues. He was on the panel that decided Ramapough Mountain Indians v. Norton, an unsigned per curiam decision from 2001, that affirmed the Interior Department’s decision not to acknowledge the Ramapough …

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Robert Miller on Tribal Constitutions and Their Influence on the American Constitution

Robert Miller has posted “American Indian Constitutions and Their Influence on the United States Constitution” on SSRN. Here is the abstract: This paper analyzes modern-day American Indian constitutionalism. It describes the development of written constitutions by Indian nations and primarily focuses on constitutions developed since 1934 under the auspices of the federal Indian Reorganization Act. …

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Saginaw Chippewa v. NLRB Cert Petition

Here: Saginaw Cert Petition and Appendix- Filed Questions presented: For more than sixty years, the National Labor Relations Board correctly declined to exercise jurisdiction over tribal operations on tribal lands. But in recent years, the Board has belatedly asserted the extraordinary power to regulate the on-reservation activities of sovereign Indian tribes, precipitating a three-way circuit split in the process. Nothing in …

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Little River Band v. NLRB Cert Petition

Here: Little River Petition and Appendix COMBINED Question presented: Whether the National Labor Relations Board exceeded its authority by ordering an Indian tribe not to enforce a tribal labor law that governs the organizing and collective bargaining activities of tribal government employees working on tribal trust lands. Lower court materials here. Tweet

CAP CAFE! The Public and MSU Archaeology

Last night was the first official CAP Cafe with a presentation by Dr. Jodi O’Gorman, chair of the MSU Department of Anthropology. We are excited to launch this series of public oriented lectures about some of the archaeology projects from our department and gather with archaeologists here in the area. Here are our dates for this semester: February …

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Department of Justice Proposes Legislation to Empower Tribal Governments in Selecting Polling Places

Today the Department of Justice proposed legislation that would require states or localities whose territory includes part or all of an Indian reservation, an Alaska Native village, or other tribal lands to locate at least one polling place in a venue selected by the tribal government.  “The Department of Justice is deeply committed to ensuring that …

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House Subcommittee on Indian Affairs Memo on Fee-to-Trust and Important Context

Today, the House Subcommittee on Indian, Insular, and Alaska Native Affairs is conducting a hearing entitled: “Inadequate Standards for Trust Land Acquisition in the Indian Reorganization Act of 1934.” In advance of the hearing, the Majority Staff circulated a memo calling the fee-to-trust provisions of the Indian Reorganization Act into question. Felix Cohen has described …

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Article update: Implementing evidence-based practice in underrepresented communities

I am a believer in the importance of social workers (and other health and social service professionals) using research evidence to inform their practice. That’s why I spend hours teaching reluctant social work students statistics and research methods and how to evaluate the quality of a research study. I am also straightforward about the challenges …

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A CLOSER LOOK AT GAMING COMPACT NEGOTIATIONS IN MICHIGAN PART I: The history of Michigan’s first gaming compacts

The Bay Mills Indian Community’s pending Supreme Court case has sucked a lot of the oxygen out of the room here in Michigan.  And it has definitely overshadowed an impending showdown between the State of Michigan and seven six* tribes over the negotiation of new Class III gaming compacts. The negotiation of new tribal-state gaming …

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Tribes and the Michigan Wolf Hunt

The Michigan Natural Resources Commission has approved a wolf hunting season here in Michigan, just one day after Governor Snyder signed legislation authorizing the Commission to determine whether to allow such hunting. In recent years, Anishnaabe tribes (Ojibwe, Potawatomi, and Odawa) in Michigan, Wisconsin, and Minnesota have opposed state-sanctioned wolf-hunting.  Wolves are important in the religious teachings of Anishnaabe people, …

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New Study Documents Disproportionate Impact of Climate Change on Indian Tribes

From the National Wildlife Federation (link here). Here’s an excerpt: In collaboration with the Tribal Lands Program, Institute for Tribal Environmental Professionals, National Congress of American Indians, Native American Fish & Wildlife Society, National Tribal Environmental Council, Native American Rights Fund, and University of Colorado Law School, the National Wildlife Federation released Indian Tribes, Climate-Induced …

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Journal Article Evaluates Treaty Provisions and their Import for Michigan Indian Education

From the Indigenous Policy Journal’s Winter 2010 issue (link to article here). The article, titled “The Treaty Basis of Michigan Indian Education,” was authored by Martin Reinhardt and John Tippeconnic, III. Here’s the abstract: A socio-historical content analysis of 16 treaties and 3 contemporary American Indian education laws at the federal level revealed that a …

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