Native American Law Blog

The ABA notice about diversity in the profession was passed to us with a request to pass it along, so.......

Subject: ABA Diversity Hearing Invitation at Mid Year (and Regionally)

Dear Colleagues,

Hope this finds you well. At the request of Cie Armstead, Director of

the Diversity Center at the ABA, I am sending the invitation below.

Please forward to the appropriate person at your institution.

Exploring the "State of Diversity in the Legal Profession"

You're invited to participate in a multi-phase ABA Presidential

diversity initiative.

On Feb. 12, 2009, during the ABA Midyear Meeting, representatives from

all segments of the legal profession will present testimony on the State

of Diversity in the Legal Profession. Please join us for this

informative session, which will be held from 2:00-6:00pm at the Sheraton

Boston, Back Bay Ballroom A, Level 2. If you plan to attend the Feb 12,

2009 hearing, please RSVP to Cie Armstead, at 312.988.6086 or

armsteadc@staff.abanet.org.

Regional Hearings: In Spring 2009, three regional hearings will be held,

with a similar structure as the Midyear hearing. If you would like more

information about the Southern Regional in Atlanta, GA, March 18,

2009-coordinated with the State Bar of Georgia; the West Coast Regional

in San Francisco, CA, March 25, 2009-coordinated with the Bar

Association of San Francisco, or the Midwest Regional (date/location

tbd) , please send an email to diversity@staff.abanet.org.

You may also participate in this initiative by submitting your views on

the State of Diversity in the Legal Profession via a short survey, which

is available at www.abanet.org/diversity/summit/. We want to conduct a

broad examination of diversity in the profession-therefore, please feel

free to distribute the invitation to complete a survey to all interested

parties.

For additional information, visit www.abanet.org/diversity or contact

the ABA Diversity Center at diversity@staff.abanet.org or 312.988.6086.

Thank you.

Cie Armstead

American Bar Association

Director, ABA Center for Racial and Ethnic Diversity

321 N. Clark Street

Chicago, IL 60654-7598

312.988.6086 fax: 312.988.5647

armsteadc@staff.abanet.org

www.abanet.org/diversity

twp

Followup - Hopi government turmoil continues, but elections scheduled

Perhaps the light at the end of the tunnel?  Hope it's not the train coming.....the unrest and turmoil in the Hopi Tribal government continues.  The Tribal Council meets....but are the actions taken legal without a Tribal Chairman and Vice-Chair?  The former Tribal Chairman says they are not.

But that glimmer of light - the primary election is scheduled for April 13 and the general election a week later.  See the full story HERE.

twp

Follow Up: Seneca's win again!

Two Indian retailers from the Seneca Nation sought a temporary injunction to halt the New York State cigarette tax law set to go into effect next month. The pair argued that since the state has not yet created a system that will exempt Indian customers from the same taxation, the plan is illegal. On Tuesday, a New York State Supreme Court Justice agreed and issued a permanent injunction that will, pending appeal, end New York State’s cigarette tax plan aimed at  sales on Indian reservations. 

Read the full story HERE.

ddg

Upcoming event by the Indian Legal Program at Sandra Day O'Connor School of Law

From the Arizona State University Indian Law Program website announcement:

The Second Annual
William C. Canby Lecture

presented by the Indian Legal Program

"Tribal Governance and Individual Rights: the Delicate Balance of Power and Alarm"

Diane Enos, President
Salt River Pima-Maricopa Indian Community

Tuesday, February 17, 2009
4:30 p.m.
Great Hall, Armstrong Hall
Sandra Day O'Connor College of Law

More information HERE (which is also an ongoing blog on Native American law topics worth reading).

twp

Save the date...for another important Native American law conference

The TCAP Tribal Courts Conference is scheduled for August 5 - August 7, 2009 in Minneapolis, MN. Information is still tentative, but the description reads: "This conference includes the following training sessions: Recent Developments in Federal and Tribal Court Jurisprudence, Tribal Healing to Wellness Court Training, Indian Child Welfare and Child Protection, Tribal Court Basic Clerk Certification Training and Successful Grant Writing for TCAP and Non-TCAP Tribes."

Keep an eye on the training calendar at tribalresourcecenter.org for additional information as it is posted.

twp

Osage Nation members denied state tax exemption by federal judge

The Osage Nation began in 2001 in a federal lawsuit that tribal members living and working in Osage County, Oklahoma, should be exempt from state taxation. Those who live and work on tribal trust land in the county ARE so exempt. The Osage Nation's claim was that, since the Osage Reservation was never formally dis-established by Congress, it continued to exist.....that it consisted of all of the county....and that all 2,296 square miles was therefore ALL Indian Country and hence the claim for the exemption.

But a federal judge disagreed. The Osage Nation is "disappointed." See the story in the Tulsa World HERE, and more in the Native Times website HERE.

twp

Followup - POSSIBLE selection of Larry Echohawk stirs controversy and opposition

It is far from final, but the POSSIBLE selection of Professor Larry Echohawk for Assistant Secretary of Indian Affairs is has raised some hackles on some, and brought out strong support from others. See the full story HERE on Indianz.com.

Followup - Who will be the Assistant Secretary of Indian Affairs?

Indianz.com is reporting that Larry EchoHawk, currently a law professor at Brigham Young University, is being considered for the post. Short story, but see it HERE.

twp

In other Supreme Court Indian Law news.....

The Supreme Court, without comment, declined to hear MichGo v. Kempthorne, a suit that tested the ability of the federal government to acquire land for the tribes. The opponents of such practices argued that the land-into-trust portions of the IRA were unconstitutional......which would have a significant impact on how tribes are taking trust lands and building casinos on them lately (MichGo is the "Michigan Gambling Opposition").

But we're still waiting on the results of Carcieri v. Kempthorne, which has to do with land for tribes that have gained federal recognition AFTER the IRA (Indian Recognition Act) was passed in 1934.

twp

Navajo Nation v. US Forest Service sent to Supreme Court

Indian Country Today reports that the Navajo Nation and other interested parties have now sought review of the 9th Circuit Court of Appeals decision that the Arizona Snowbowl ski area can spray "reclaimed" sewage water on the San Francisco Peaks to make artificial snow. Read the full story HERE.

The Peaks are considered sacred to at least 13 different tribes. The 9th Circuit, consistently the most reversed Appellate Court in the country, says that spraying sewage on them would "not substantially burden the tribes' exercise of religion." We've made this comment before, but we can't help but wonder......how about we take that "reclaimed waste" and spray it all over every church in Flagstaff, then? Or, better yet, how would the members of the 9th Circuit like it if we sprayed it on the James R. Browning Courthouse that houses the Circuit Court in San Francisco? Think that would "substantially burden" the Circuit Court very much?

twp

Do tribes own the airspace over the reservation? The Hualapai Nation says it does...

Cyndy Cole of the Arizona Daily Sun reports that "After flying over the western Grand Canyon a few weeks ago, pilot Lionel De Antoni landed to find his motorhome had been towed and tribal police were waiting for him.

He was cited by Hualapai Nation police for trespassing via ultralight plane and not buying certain permits to fly over the tribe's land. In addition to building a walkway over the Grand Canyon in 2007 and conducting boat tours on the Colorado River, it now appears the tribe is asserting rights to the airspace over its million-acre reservation, in line with a constitution in place since 1991."

See the full story HERE.

The Federal Aviation Administration strongly disagrees with the Hualapai assertion of rights over the airspace.....the pilot is contesting the case, as it stands at the moment...this one could prove to be real interesting.

twp

A little bit of internal Department of Interior news....

An acquaintance who works in the Department of the Interior sends the following, which may be of interest to those who follow such things:

"
Ken Salazar just gave his first talk to us DOI employees.

Mr. Salazar still has to name a new Asst. Secretary for Indian Affairs, but on his personal staff, he's named someone called Ray Romero (?) to oversee daily ops for external affairs, governmental affairs, and indian affairs."

We have not verified this with DOI, but the acquaintance is in a position to know what's what within DOI.

twp

Followup - more on chaos in Hopi government

This is from the Navajo-Hopi Observer, detailing how council meetings are being held....or not being held, depending on your point of view. 

And if the BIA isn't going to intervene, then why are BIA police in presence at the attempts to hold council meetings?  Hmmmmmmmmm..........

twp

U.S. Supreme Court declines to hear appeal of Michigan Gaming Opposition

The United States Supreme Court declined to hear an appeal  by the Michigan Gaming Opposition or "MichGO," which attempted to block construction of a Gun Lake Tribe casino. The group challenged the federal government's authority to take land into trust based on the fact that the tribe was not recognized in 1934 when the Indian Reorganization Act was passed. This is the same argument set forth in Carcieri v.Kempthorne, a case accepted by the Court but not yet ruled on.   

SEE THE STORY HERE.

ddg

Cayugas can not be prosecuted for tax evasion

In December 2008, a Rochester, New York trial court determined that the Cayuga tribe did not have sovereign rights to sell tax-free cigarettes and ruled the counties could bring criminal charges against the Cayugas on tax-evasion charges. However, a review by the Fourth Department Appellate Division ruled that the Cayugas can not be prosecuted and entered a temporary injunction.

Read the story HERE.

ddg

Followup - Hopi government still in disarray

Mary Kim Titla, writing for Indian Country Today, describes how the Hopi Tribal Government, even after the resignation of its Chair and Vice-chair, continues in disarray....and how the regional director for the western agency of the BIA does not intend to intervene. You can find the full story HERE.

One can't help but feel that this particular bureaucrat is avoiding his responsibilities to some degree........but perhaps this IS actually the best course. If you really believe in tribal self-rule, it doesn't help to have to have someone from the federal government step in unless it's absolutely, positively necessary.

twp

Another "save the date" for an Indian law conference

SAVE THE DATE
June 7-9, 2009
Third Annual Indian Law Clinics and Externship Programs: Symposium and Workshop

Sponsors
Southwest Indian Law Clinic UNM School of Law
University of Denver Sturm College of Law
Contributors
The Tribal Law Practice Clinic Washburn University School of Law
Arizona State University Sandra Day O’Connor College of Law

Where: Isleta Casino & Resort, Pueblo of Isleta (located just south of Albuquerque, New Mexico
Web site: www.isleta-casino.com

For: Professors, Directors, Clinicians and Staff of Indian Law, Poverty Law, Economic Justice and
Community Lawyering Clinics and those interested in carefully considering their work with Communities
through the provision of legal representation.

Goal: To dedicate time and space for Indian law clinics and other clinicians working with minority populations
to work in solidarity on Poverty Law and Community Lawyering issues, to discuss our shared mission and differing
perspectives, and to support new ideas

We look forward to your participation in our Exciting Symposium Program. Watch for more Program details Coming Soon.

Contacts:
Professor Christine Zuni Cruz University of New Mexico School of Law Professor Aliza Organick, Washburn University School of Law
Professor Barbara Creel, University of New Mexico School of Law aliza.organick@washburn.edu
zunich@law.unm.edu
creel@law.unm.edu

For registration information contact:
Mitzi Vigil
vigil@law.unm.edu
(505) 277-0405

Another Native American law conference - Boulder/Denver

Our colleagues at University of Colorado Law School and University of Denver Sturm College of Law and their respective NALSA chapter members will all sponsor a conference on "Native Americans, Race, and the Constitution," on February 27, 2009.  Unfortunately, your editors won't be able to attend, as that falls on the same day as our own faculty conference.  But you can find the information HERE on the UC/Boulder website, including a registration form and the agenda.

twp

Not enough Indian judges? How about not enough Indian lawyers and law students, first?

And Associated Press story, which you can read HERE, says "Leaders of California's politically powerful Indian tribes are pressing the incoming Obama administration to appoint more American Indians to the federal judiciary."

We agree. That would be great. But where are you going to find those judges? Certainly, there are qualified Native American attorneys....but the truth is that they are few and far between, in large part because the Native American community is the most under-served minority group when it comes to getting to and getting through law school. A few law schools have programs that reach out to Indians, but that is only a few. The plain fact is that this nation's law schools, collectively, have done a shamefully poor job of doing that. And a reality is that many Indians find leaving the reservation very difficult for a number of reasons, financial, cultural and otherwise. It is hard to leave family and support network behind to go to a strange city for three years and into a difficult academic program.

There are organizations that can help. For example, our friends at the Council on Legal Education Opportunity (CLEO) are constantly seeking out minority students of all groups who can make it to and through law school, and they provide assistance to those students that borders on incredibly valuable. You can find them at www.cleoscholars.com, or www.cleodivercitynetwork.org.

And while the purpose of this blog is NOT to blow the horn of the law school of your humble editors, we should point out that one of the significant advantages of Concord Law School is that, as we are completely online, we can accept students from anywhere there is an internet connection, to include every reservation in the United States. So you don't have to leave Indian Country to go to law school anymore.

And we respectfully suggest that the tribes themselves step to the plate when they can. If you want more Native American judges, you need to be sending some of your best and brightest to law school NOW, and support them while they are there, in any and every way that you can.

twp

Tribal Courts Working for Children, Families, and Wellness Conference

The conference will be held at the Catamaran Resort Hotel and Spa, San Diego, CA
on February 26-28, 2009. This conference will include sessions on the following:

• The Role of Tribal Courts in Addressing Substance Abuse
• Tribal Healing to Wellness Courts
• Combating Meth in Indian Communities
• Child Welfare & Protection
• Indian Child Welfare and Child Protection
• Combating Crimes Against Native Children
• Tribal Child Support Enforcement

Find out more about it HERE

ddg