Tsalagi Think Tank

Cherokee Scholars

One of the purposes of this blog is to create a networking space for the Cherokee academic community.  The blog includes a list of Cherokees language and humanities experts and Cherokees employed at colleges, universities, tribes and the private sector.  The list also keeps track of Cherokee PhD candidates.  The list is growing and I encourage others to provide contact information so this page will continue to expand (not only a networking source for Cherokee scholars, but also a reference point for anyone seeking consultants, speakers, or research partners).

There are two projects currently planned for the 2008-2009 academic year.  First, we will host a "Cherokee Scholars Gathering" on Saturday, February 14, 2009.  The gathering will be held at the University of Kansas the day after the Annual Tribal Law and Government Conference.  Participants will choose another host university and time frame for scheduling the next Cherokee Scholars Gathering.  The gathering will provide an opportunity for Cherokee scholars to meet each other, organize, and plan future events and projects.  The gathering will include a works-in-progress workshop.  Second, in the fall of 2008, we will begin pairing PhD candidates and junior faculty with mentors listed on this website.  If you are interested in teaming up with a senior Cherokee colleague, please contact me.

         

      

Cherokee Lexicon

Kudos to the Cherokee Nation language folks on the lexicon now available on the Cherokee Nation Website.  It currently contains translations of approximately 7,000 words and here's the instructions. 

• Go to Cherokee Nation Web page at www.cherokee.org
• On the right side of the web page, Click on “Dikanesdi” (Word List)
• Follow the instructions by entering the English word you want translated

New Book on American Indian Education

Check out (and buy) the new book, American Indian Education:  Counternarratives in Racism, Struggle, and the Law by Professor Matther Fletcher of Michigan State Law School.      

Tribal IDs

The TSA is now accepting tribal identification cards as acceptable IDs for domestic flights within the United States.  See TSA list.  I have long advocated for tribes to issue driver's licenses, but at the very least, tribes should issue photo IDs that can be used both for tribal purposes and as a service to the citizenry.    

Tribal Protection Order Forms

A new round of tribal court protective order forms are available on-line.  These meet VAWA standards and are good examples to be used in other courts.  Thanks to Sarah Deer (Muscogee (Creek) Nation) for her work.   

Introducing . . . .

Hunter Andrew Stewart (Cherokee/Choctaw) was born in Tahlequah, Cherokee Nation on May 12th at 10:45 pm to Stacy Leeds and Michael Stewart.  He weighed in at 7 lbs, 5 oz and 20 inches.  He is named after his maternal grandparents (the Hunters) and his paternal great-great grandfather (Choctaw original enrollee Andrew Battiest).

         

Temporary Break

There will be no blog postings over the next two weeks.  When we return, there will be a new Cherokee/Choctaw "usti/allonsi" to introduce from Tahlequah. 

Cherokee Nation to Operate Hastings Hospital

The Muskogee Phoenix reports the official transition will take place October 1st, 2008.  In general, it's a step in the right direction for tribes to operate the facilities that serve their citizens (and others) rather than defering to continued federal management.  Other tribes have had successes with similar transitions and it will be interesting to watch the process unfold given the hospital's history.                

Indian Law Case Before US Supreme Ct Today

The US Supreme Court is hearing oral arguments today on a case involving a tribal court decision.  Given the track record for tribal court jurisdiction questions before the US Supreme Court, this one makes me very nervous.

Updated to add the quote of the day from the oral argument transcript, page 24:

Chief Justice Roberts:  "One of the points you mentioned earlier is that this is an Indian corporation, and that's a concept I don't understand.  If Justices Scalia and Alito form a corporation, is that an Italian corporation?"  Laughter recorded in transcript.

More on Tobacco Tax

Cherokee Nation argues for reduction in tax rate under compact based on most-favored nations clause. New story in today's Tulsa World Story and recent blog post on this issue here. 

Indian Preference Lawsuit

The federal district court for DC made a preliminary ruling in an Indian preference case brought by a group of employees who work inside the Dept. of Interior, but not within the BIA.  The ruling states that Indian preference applies to other agencies/offices within Interior, not just the BIA.  Court ruling available in pdf here.   

Indianz.com April Fool's Spoof

http://www.indianz.com/412008.asp and http://www.indianz.com/ICT/

Cherokee - OK Tobacco Compact Troubles

The full Arbitration Order from the recent Oklahoma-Cherokee Nation tobacco tax dispute is available for download in pdf here.  I'll provide comments on what this means for Oklahoma, the Cherokee Nation and private smokeshop owners later this evening.  In the meantime, here's an editorial on the issue from the Daily Oklahoman.

Updated to add:  The order finds the Cherokee Nation and CN's individual retailers in violation of the 2004 compact for selling (or allowing to be sold) the 6 cent per pack stamped cigs (as opposed to 86 cents) that should have only been sold in border areas or high traffic tribal areas.    A few general comments:

• This was a bad compact from the start.  Tribes should never agree to pay state taxes on sales to their own tribal citizens.  Limit the compacts to the legal losses, which in cig cases, are sales to non-members where it appears the tribes are marketing a tax exemption.  It is the State of Oklahoma that had the enforcement problem following round one of the tobacco wars.  The state needed tribal assistance in collection efforts much more than tribes needed a revenue sharing scheme. 
• Oklahoma did not act in good faith.  Oklahoma knew full well that ending their sales tax, while binding the tribe to a previously compacted excise tax, would result in a windfall for non-Indian retailers and undercut the spirit of the compact.
• A solution?  Manufacturer the cigs within the Cherokee Nation boundaries, create light industrial jobs in our more depressed economic areas and sell Cherokee Nation cigs, value generated on-reservation, and oustide the scope of state taxation.   
• What should not happen:  don't place all the blame on the individual smokeshops.  Did they screw up?  Yes.  Did the tribe turn a blind eye in the exercise of regulatory powers?  Yes.  Did the state create an unfair market that undercut the smokeshops?  Yes.   

New Federal Indian Lands Case

The Eastern District of Wisconsin issued a decision in Oneida v. Village of Hobart, WI upholding state eminent domain powers over fee lands within a reservation border.  More specifically, these were reservation lands re-aquired by the tribe.  Looks like the only safe bet for tribes, to ensure tribal jurisdiction and to shield tribes (and tribal citizens) against state taxation and eminent domain powers, is to have the lands placed in trust by the BIA.  This is even more troubling in the following scenario inside the modern Cherokee Nation:  Presume there's an allotment deed, granting land from the Cherokee Nation fee patent (tribe as grantor) to a Cherokee citizen (individual as grantee).  The lands are held by successive generations of Cherokee citizens, never to pass out of Cherokee hands.  The tribe re-acquires the land by purchase (individual as grantor, tribe as grantee).  Although the land has never passed out of Cherokee hands, the Cherokee Nation is essentially forced to have that land put into trust, and the legal title is then held by the United State, in order to preserve tribal autonomy.  Forced dependency, forced BIA bureacracy, and forced land conveyance away from the tribe, as the only means to protect tribal sovereignty?  Sad state of affairs.      

Internship with National Archives

The National Archives has posted the 2008 information on the American Indian/Alaska Native Internship Program in DC.  Details here (and under the jobs link).

UKB Member Honored

Lisa LaRue (UKB) has been named the 2008 Native Artist of the Year by Oklahoma Music Awards.  ICT's story here.  Lisa is the UKB tribal historic preservation officer.  Congrats Lisa. 

NCAI Internships

The National Congress of American Indians has distributed an internship/fellowship announcement for circulation.  The job description and requirements are here. The full application will be posted on the jobs page of this blog.

Diverse Magazine Features Dr. Linda Warner

I teach a class on tribal economic development each spring at Haskell Indian Nations University (also in Lawrence, KS) and was pleased to see a feature story on the new president, Dr. Linda Warner (Comanche) in the new issue of Diverse.      

Tribal Court Jurisdiction and Family Law

One of the open questions for tribal courts:  does the tribe have jurisdiction over tribal children, even if the child is located outside the tribe's Indian Country?  In Indian Child Welfare cases, tribes retain at least concurrent jurisdiction.   What happens in a standard custody dispute between mom and dad, when only one parent is a tribal citizen?  The Navajo Nation Supreme Court recently issued a decision in Miles v. Chinle Family Court, a custody dispute between a Navajo parent and non-Navajo parent where the non-Navajo parent removed the child from the reservation.  The Navajo Supreme Court ruled that the tribe retains jurisdiction over Navajo children no matter where they are physically located.  The ruling was based, not on the PKPA or the UCCJA, but on Navajo tribal laws that tie jurisdiction to citizenship.  It is refreshing to see a tribe define jurisdiction broadly.  Too many tribes adopt a narrow view of their own jurisdiction and as a result, force their tribal citizens to resolve core family law issues in a foreign court.  This approach amounts to a consensual erosion of tribal sovereignty.  The Cherokee Nation rightfully exercises the power to marry a couple under tribal law, but the Council has not passed legislation for divorce or dissolution in tribal court.  If the marriage breaks down, the parties are forced to go to Okahoma courts to resolve property distribution and child custody matters.  Or, perhaps there's an argument that the Cherokee District Court can hear this type of matter as a court of general jurisdiction?            

Back from Break Blog Catch-Up

What I've missed this week:

1.  Cherokee citizen Dean Saugee's global warming article from ICT.

2.  State of Ohio shuts down fake Cherokee tribe's gaming operation.

3.  Cherokee Nation recruited a new recycling plant to Watts, Oklahoma.  The privately owned plant is located on fee lands in Adair County and has not yet received all the needed permits from the Oklahoma Dept. of Environmental Quality.  This is a good thing for Adair County with respect to much needed jobs, but let's keep on eye on this given the Illinois River's environmental vulnerability.

Spring Break

Post will resume on March 22nd, following spring break.   

Another Free Legal Research Database

Wado to Brian Leiter for posting another free legal research database.  The search engine is good and the full text of the opinions include pinpoint page references.  For today's history lesson, I reread the 1904 opinion in Delaware v. Cherokee.   I'm adding this to the links page. 

Cherokee Med Student Featured

Hats off to Cherokee citizen Amanda Bighorse, a medical student at OSU.  She is studying to become an oncologist and is on par to become the third Indian oncologist in the United States.  Indian Country Today story here.  Tulsa World Story here.  Congrats to Amanda and her family.       

Native Languages Legislative Summit at OCU

Oklahoma City University Law School is hosting a Native Languages Legislative Summit on March 18, 2008.  Several Cherokees are featured speakers including Dr. Gloria Sly, Director of Cherokee Nation's Cultural Resource Center and Principal Chief Chad Smith.  Agenda: Download native_languages_summit_3_10_08.doc.

Cherokee Nation's Report to International Forum

The Cherokee Nation filed this report with the Committee on the Elimination of Racial Descrimination (CERD).  Although I oppose federal legislation on the freedmen issue, and have continued faith that we can resolve this issue internally (or at least in the courts), I am speechless over the intellectual dishonesty of this report.  The federal government has no business interfering with Cherokee self-determination.  The Cherokee Nation, and the Cherokee people, however, are so much better than this.