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Richard Monette on Native sovereignty, owning land and law
FREDERICA FREYBERG:Why are there so many non-tribal homeowners on the Lac du Flambeau reservation? Part of the answer goes back more than a century when in 1887, the federal Dawes General Allotment Act carved up Indigenous land for individual ownership. Marisa Wojcik speaks with Richard Monette, a UW-Madison professor of law and director of the Great Lakes Indigenous Law Center. MARISA WOJCIK:Generally, what did Indigenous lands look like before the Dawes General Allotment Act came into place? RICHARD MONETTE:They almost didn’t look like anything to the untrained eye. And that’s part of the problem with European Americans coming over, Europeans coming over and not seeing territory and not seeing property.…
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Experts say 2 lawsuits pose greatest threat to tribal sovereignty in decades
The Shoalwater Bay Casino in Tokeland, Washington, on Dec. 6, 2022. (Karina Brown / Underscore News) Editor’s note: This story was produced through a collaboration between The Oregonian/OregonLive and Underscore News. The Data-Driven Reporting Project supported Underscore’s work on this story. A lawsuit in Washington state and another case before the U.S. Supreme Court are part of a coordinated campaign that experts say is pushing once-fringe legal theories to the nation’s highest court and represents the most serious challenge to tribal sovereignty in over 50 years. Maverick Gaming, which operates 19 card rooms in Washington and casinos in Nevada and Colorado, is challenging a 2020 law that allows sports betting…
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Yale Law Journal – Navassa: Property, Sovereignty, and the Law of the Territories
abstract. The United States acquired its first overseas territory—Navassa Island, near Haiti—by conceptualizing it as a kind of property to be owned, rather than a piece of sovereign territory to be governed. The story of Navassa shows how competing conceptions of property and sovereignty are an important and underappreciated part of the law of the territories—a story that continued fifty years later in the Insular Cases, which described Puerto Rico as “belonging to” but not “part of” the United States. Contemporary scholars are drawn to the sovereignty framework and the public-law tools that come along with it: arguments about rights and citizenship geared to show that the territories should be …
:quality(70)/cloudfront-us-east-1.images.arcpublishing.com/adn/EOOB6KTPW5DOPA5COMDMGG4GDA.jpg?w=1140&resize=1140,0&ssl=1 "Experts say 2 lawsuits pose greatest threat to tribal sovereignty in decades")
/cloudfront-us-east-2.images.arcpublishing.com/reuters/YYNUM5YHFBLQXGYPM577Q5GVBA.jpg?w=500&resize=500,330&ssl=1 "Twitter seeks dismissal of disability bias lawsuit over job cuts")
