Native American Law Blog

Call for Submissions: The Wisconsin Journal of Law, Gender & Society



The Wisconsin Journal of Law, Gender & Society

 

Announces our 2011 Symposium:

 

Gender, Justice, & Victim Rights: A Gendered Perspective of Victims in the Criminal Justice System

 

February 25, 2011

University of Wisconsin Law School

Madison, Wisconsin

 

          We are seeking original scholarship, from both scholars and practitioners, that addresses the intersections of law and gender in the role and treatment of victims in the criminal justice system. Interested parties should send an abstract to WJLGS.Symposium@gmail.com by October 31, 2010.  Those selected for the Symposium will be notified by December 2010.  The Journal’s Symposium issue will be published in Winter 2011.

 

          Questions may be addressed to Symposium Editor Erin Welsh at ebwelsh@wisc.edu. 

 

-CMD

Just got this "Save The Date".....

The 12th Annual Washington, D.C. Indian Law Conference, sponsored by the Indian Law Section of the Federal Bar Association, will be NOVEMBER 5, 2010, at the National Museum of the American Indian.

It was a good one last year....

Keep an eye on their website, www.nmai.si.edu, for more details at some future point.

 

twp

Welcome to anyone visiting from Facebook

We're glad to have you here.

How effective will the Tribal Law and Order Act be? Some tribal officials are skeptical...

See the full story HERE in the Farmington, NM, Daily Times.  New Mexico Senator Jeff Bingaman met with officials from the Navajo Nation, and the Jicarilla and Zuni Tribes this week to discuss the recently-enacted Tribal Law and Order Act.  While they supported the idea of giving the tribes more crime-fighting authority, many were skeptical that the Act would be effective.....and didn't like how much it will cost the tribes to carry out its enforcement.

 

"We see it as an unfunded mandate," sais Rosa Maria Cortez of the Navajo Nation Public Defender's Office.

 

twp

Studying law? Here's some free help.....this weekend ONLY!

Kaplan Publishing Offers Free Downloads This Weekend (through Aug 30)
Kaplan Publishing is offering more than 80 book titles as free downloads on the iBookstore through August 30th. To download free Kaplan ebooks on the iBookstore, visit http://kaplanpublishing.com/itunes. The iBookstore is included in the free iBooks app for iPad, iPhone, and iPod touch device (www.itunes.com/apps/ibooks).

Law students may want to check out the Kaplan PMBR Finals books (study aids for many law school subjects as well as the Multistate Performance Test and the Multistate Professional Responsibility Exam) which are included in the offer along with other test prep guides.

 

twp

GAO reports that federal agencies unable to comply with NAGPRA

You can find the report HERE.  The bottom line is that "Almost 20 years after NAGPRA, key federal agencies still have not fully complied with the act for their historical collections acquired on or before NAGPRA's enactment. GAO examined NAGPRA implementation in detail for eight key federal agencies with significant historical collections: Interior's Bureau of Indian Affairs (BIA), Bureau of Land Management (BLM), Bureau of Reclamation (BOR), U.S. Fish and Wildlife Service (FWS) and NPS; Agriculture's U.S. Forest Service; the U.S. Army Corps of Engineers (Corps); and the Tennessee Valley Authority (TVA)."

Is anyone really surprised?

twp

Montana State U. to offer online courses in Native American Studies

Montana State University will offer two online graduate courses in Native American Studies beginning Aug. 30.

"Indigenous Nations of Montana" (Native American Studies 552) traces the history and complexity of Indian law, covering treaties, water rights, natural resource development and tribal businesses. The course offers three MSU graduate credits and is offered fully online.

Instructor Shane Doyle is a member of the Crow Tribe who hails from Crow Agency. He has 11 years of teaching experience in Montana. Most recently he worked with dozens of schools throughout southwest Montana to help implement Indian Education for All. For more information about the course, contact Doyle at shanemrdoyle@yahoo.com

Management and Union Organizers Butting Heads Over Organizing at Navajo Fire Rock Casino

Union organizers claim the Navajo Fire Rock Casino management is violating the Navajo Preference in Employment Act by discouraging workers from unionizing, misinforming employees about their rights to unionize and taking efforts to punish those in favor of unionizing. Management states that the organizers are falsifying information and reports of incidents. The Culinary Workers Union apparently is concentrating on Fire Rock because none of the other Indian casinos are owned by tribes that guarantee these rights.  Get the full story in the Navajo Times here.

-CMD

This even made it into the Drudge Report.....

You can find this full job opportunity notice HERE......

Synopsis:

Added: Aug 17, 2010 4:13 pm

The Federal Bureau of Prisons, FPC Duluth, Duluth, MN, intends to make a single award to a responsible entity for providing the services of Native American Medicine man to the inmate population as outlined in the statement of work. The anticipated date of the award will be approximately October 1, 2010 subjected to funds availability for the next fiscal year. The duration of the contract will be from the date of award through 09/30/2011. The contractor shall perform all services at FPC Duluth, in the Religious Services Department, located at 6902 Airport Road, Duluth MN, 55814.

The contractor will conduct Native American ceremonies and provide instruction to inmates in the Native American Faith. 

General Topics for Contractors - Native American
1. Red Road
2. All My Relation
3. Medicine Wheel
4. The Sacred Pipe
5. Sweat Lodge
6. Elders
7. Circle of Life
8. Traditions/Rituals
9. Prayers
10. Ceremonies
11. Fasting
12. Smudging
13. The Drum
14. Grandfather/Grandmother
15. Dances
16. The Medicine Pouch
17. Offerings
18. Decision-making
19. Ritual Objects
20. Eagle
21. Eagle Feathers
22. Nature Lessons
23. Family Relations
24. Parenting
25. Learning
26. Healthy Relationships
27. Culture
28. Healing Traditions
29. Herbal Medicines
30. Understanding Self
31. Respect
32. Traditional Games
33. Traditional Foods
34. Seasons
35. Healing Self
36. A Grateful Heart
37. Cleansing Ceremonies
38. What is the role of faith and Community Re-entry?

The contractor will supply all of their own religious garments and books. The contractor will control, supervise, and be responsible for all government materials and equipment and will ensure that such equipment and materials are used only for legitimate program purposes.

The contractor will provide 4 sessions per year. The sessions will either be on Thursdays from 11:30 a.m. to 3:30 p.m. (Pipe ceremony) or on Sundays from 11:30 a.m. to 3:30 p.m. (sweat ceremony). The day and time of these services is subject to change with agreement of the religious services department and the contractor. A session will consist of 4 hours to include entry and exit. 

The contractor will adhere to all regulations prescribed by FPC Duluth for the safety, custody, and conduct of inmates. All contract personnel providing services within the confines of the FPC shall have a complete investigation conducted in accordance with BOP Program Statement 3000.02, "Personnel Manual". Any contract personnel who enter the FPC on a regular basis shall be required to attend a four-hour institution orientation program prior to assuming his or her responsibilities under the contract. A "refresher" orientation must be completed annually. The CM (Contract Monitor) will be responsible for scheduling training for contract personnel.

The solicitation will be made available on or about August 20, 2010 and will be distributed solely through the General Services Administration's Federal Business Opportunities website at http://www.fedbizopps.gov/. Hard copies of the solicitation will not be available. The site provides downloading instructions. All future information regarding this acquisition, including solicitation amendments, will also be distributed solely through this site. Interested parties are responsible for monitoring this site to insure that they have the most up to date information about this acquisition. All contractors doing business with the federal government shall be registered in the Central Contractor Registration (CCR) database. The website for registration is www.ccr.gov.

The anticipated date for receipt of quotes is September 06, 2010; however, this is a projected estimate and quotes should refer to page 1 of the solicitation for the actual date quotations are due. All responsible sources may submit a quote which will be considered.

 

Contracting Office Address:

PO Box 1400
6902 Airport Road
Duluth, Minnesota 55814 

Place of Performance:

Federal Prison Camp
6902 Airport Road
Duluth, Minnesota 55814 
United States 

Primary Point of Contact.:

David Grezak,

Contract Specialist

dgrezak@bop.gov

Phone: 2182497322

Fax: 2187334703

Lawsuit over remains of Geronimo dismissed

"A federal judge has dismissed a lawsuit filed against the Federal Government and Yale University by 20 descendents of the Apache warrior Geronimo, who say that their famous ancestor’s remains were stolen from Fort Sill, Oklahama and are illegally in the possession of “Skull and Bones”– a secret society at Yale."

You can read the full story HERE.

twp

Upcoming Indian Law CLE at ASU

Title: Navajo Nation CLE
Co-Sponsors: Indian Legal Program and NABA-AZ
Date: Friday, September 24, 2010
Time: 8:30 am – 5:30 pm
Where: ASU Sandra Day O'Connor College of Law Great Hall

Navajo Nation Bar Association CLE Credit: “This CLE has been approved by the Navajo Nation Bar Association for the Mandatory Continuing Legal Education requirement. This activity will qualify for up to 8 hours towards the Navajo Bar CLE requirement, including 2 hours of Navajo ethics.” 

Arizona State Bar Association CLE: "The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 8 hours toward your annual CLE requirement for the State Bar of Arizona, including 2 hours of professional responsibility."

On-line Registration website: Coming soon . . . www.law.asu.edu/ilp

Cost: $200 Full day, $125 Half day, $250 Walk-in rate the day of event

If paying by check, make checks payable to: "NABA-AZ"

Net proceeds from this event will be split between the Indian Legal Program and NABA-AZ.

For more information contact: Kate Rosier at (480) 965-6204 orkathlene.rosier@asu.edu

This will be interesting....Seneca Nation takes on NY Mayor with racism claim

It's headline news on Indian Country Today - the Seneca Nation will file claims of human rights violations and hate crimes against NY Mayor Bloomburg for "making derogatory racial statements against the nation and its citizens" in the middle of the ongoing mini-war over tobacco taxes.

"The Seneca resolution authorizes Snyder [Seneca Nation President] to file a complaint alleging a human rights violation and a hate crime with the New York City and New York State Human Rights Commissions, the United States Commission on Civil Rights, the U.S. Department of Justice Civil Rights Division, and the United Nations Special Rapporteur on Indigenous Peoples."

See the full story HERE.

twp

Here New York goes again....or still......over cigarette taxes

From BuffaloNews.com:

"The state has seized a Seneca tobacco retailer's truck containing thousands of cartons of cigarettes, a move some see as a test by the government as Albany looks to start collecting taxes on Indian cigarette sales in the months ahead.

The truck was seized Monday by at least one state tax and finance agent as it made its way between the tribe's Cattaraugus and Allegany reservations.

Brad Maione, a tax department spokesman, said the state confiscated "thousands of cartons of cigarettes that did not have a New York State tax stamp as required by law."

He said the cigarettes were "allegedly possessed illegally by an individual not on reservation property." He declined to answer any questions about the case.

Senecas said the truck was owned by Aaron J. Pierce, a Seneca businessman who has been among those challenging in court the legality of a new federal law that targets mail-order cigarette trade.

Pierce declined to comment and referred calls to his lawyer. Lisa Coppola, a lawyer with the firm representing Pierce, released a statement from Pierce's company, AJ's Wholesale, calling the warrantless seizure "illegal."

See the full story HERE.

twp

Sandia Pueblo slot machine malfunction case to US Supreme Court?

The slot machine said the player won more than $1 million.

The Sandia Pueblo Indian casino officials said it was a malfunction and offered to settle for the machine's maximum payout, but the plaintiff declined.  This may have been a mistake...the lawsuit he filed in New Mexico courts went nowhere with them, because of tribal sovereignty.....it's a tribal business on tribal lands and under tribal authority.

Plaintiff's lawyer claims that "Native American gambling casinos have become big business, such an expansive enterprise that he believes they should be exempted from a cornerstone of Indian legal authority - tribal sovereignty."  He's trying to get the US Supreme Court to take up the case.  

Chances of success?  Slim to nothing.  Even if the Court takes the case (statistically unlikely), it's probably not going to overturn decades of precedent and federal legislation and policy upholding tribal sovereignty.  

See the full news story HERE in the Silver City Sun-News.

twp

New Mexico Governor Richardson opens Indian Civil Rights Conference in Albuquerque

You can find the video of his comments in two parts on Youtube, HERE, and HERE.

twp

View the signing of the Tribal Law and Order Act

You can view the signing here.

-CMD

Update: Upcoming Conference on Respecting American Indian Civil Rights

I posted the information below several months ago. I just learned that the conference fee is $0.00 and would pass this along in case anyone held back because they could not afford another conference registration fee. They have printed name tags already and you will have to write yours out upon arrival.

Office for Civil Rights (OCR) Conference “Pathways to Respecting American Indian Civil Rights: Education, Health, Justice, Employment, Housing, and Other Services.”

August 10-11, 2010
University of New Mexico School of Law
Albuquerque, New Mexico

Tentative agenda accessible here.

For more information please call 303-844-5695 or email OCR.Denver@ed.gov.

 

-CMD

Applicability of federal and state employment laws in Indian Country

The other week I was in Chicago for the NLADA Substantive Law Conference. Myself, Aaron Allen of Michigan Indian Legal Services and David Armstrong assisted our bosses in organizing the NAILS' Native American Law portion of the conference.  There were four sessions put on: Best (and Worst) Practices in Indian Country, Vital Property Issues in Indian Country, Hot Topics in Indian Law and Advocacy in Indian Tribal Courts.

Brian Pierson presented on employmet law issues in Indian Country. Attached is the outline he provided and gave me permission to post on the blog. Hope you find it useful.

 Download Legal aid conference outline

-CMD

Tribal Law and Order Act signed...

.....and Indian Country Today has a good story on it, to include an excellent summary of the main provisions of the new law that you can find HERE.  One biggie - once the right protections for defendants are in place, tribal courts can give THREE YEAR sentences.  

twp