Washington State University Indigenous Peoples’ Day Speech on the Doctrine of Discovery

Check out my one hour and 14 minute talk on Zoom for Washington State University. I discussed the Doctrine of Discovery and Johnson v. McIntosh (1823) and how international law has for over 600 years limited and infringed on the sovereign, political, human, and property rights of Indigenous Peoples. The talk is on YouTube:

 https://youtu.be/hYBh353_QWw

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McGirt v. Oklahoma – The Indian Law Bombshell

On July 9, 2020, the U.S. Supreme Court issued a monumental federal Indian law decision. In the McGirt case, the Court held that the three and a quarter million acre Muscogee (Creek) Nation reservation of 1866 still exists today inside Oklahoma. This case is reverberating throughout Indian Country and has already impacted other Indian nations in Oklahoma and across the country.

On November 19, I delivered a one hour talk – “The Indian Law Bombshell: McGirt v. Oklahoma” for the American Philosophical Society.

The recording of this event is available on the event page (https://www.amphilsoc.org/events/indian-law-bombshell-mcgirt-v-oklahoma-virtual-discussion-robert-j-miller)

or by going directly to the Society’s YouTube channel (https://www.youtube.com/watch?v=SyEDomuAzmM).

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The Indian Law Bombshell: McGirt v. Oklahoma (U.S. Supreme Court July 9, 2020)

Feel free to attend my one hour talk over Zoom for the American Philosophical Society on Thursday November 19 at 10 am PST and 1 pm EST.

You can register for the talk and get the Zoom internet link at https://www.amphilsoc.org/events/indian-law-bombshell-mcgirt-v-oklahoma-virtual-discussion-robert-j-miller

APS Facebook page: https://fb.me/e/35rFtX64e

“On July 9, 2020, the United States Supreme Court held by a 5-4 vote that the borders of the 1866 Muscogee (Creek) Nation reservation in Oklahoma remain intact. The decision landed like a bombshell. Overnight, the Creek Reservation was reaffirmed and recognized as covering three and a quarter million acres. The entire area is once again recognized as “Indian Country” as defined by federal law. One million Oklahomans discovered that they now live on an Indian reservation, including 400,000 people in the city of Tulsa. The United States, Oklahoma, and Oklahomans will now have to deal with numerous complex issues involving Creek Nation jurisdiction and sovereignty over an enormously larger expanse of land and population than was previously assumed. This case has very significant and crucially important implications that will involve the Muscogee (Creek) Nation, other tribes in Oklahoma, and tribes across the country in future negotiations, lawsuits, and perhaps legislative efforts to address the issues that will arise. McGirt is probably the most significant Indian law case in well over one hundred years, and it will have serious repercussions for the Muscogee (Creek) Nation, Oklahoma, the United States, and other Indian nations.

In this talk, Professor Robert J. Miller, Arizona State University Sandra Day O’Connor College of Law Professor and APS Member (Class of 2014), will explain the McGirt decision and focus on its future ramifications for the Muscogee (Creek) Nation, federal Indian law, the United States, Indian nations in Oklahoma, the state of Oklahoma, and Indian nations and peoples across the country.”

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Kamala Harris is not first Vice-President of color

It is important to be historically accurate and we all need to be aware of the first Vice-President of color.

In 1928, Sen. Charles Curtis, R-Ks, a Kaw Indian, was elected VP along with President Herbert Hoover. He had previously been a congressman and the Senate majority leader.

Curtis “was fond of noting his rise from ‘Kaw teepee to the Capitol,’ decorated his office with Native art and posed for pictures wearing Indian headdresses.” 

https://en.wikipedia.org/wiki/Charles_Curtis

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Federal Execution of a Navajo Nation Citizen

As the United States proceeds towards executing Lezmond Mitchell, a Navajo Nation citizen, many native activists and the Navajo Nation itself are protesting this proposed act.

To get some background on this issue, read this op/ed piece by ASU Law grad Kevin Heade. The Native American Bar Association of Arizona also signed a letter opposing the death penalty in this case.

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The crucial need for Private-Sector economies in Indian Country

This article from Native Business magazine was published August 17:

“Robert J. Miller: Diversify to Recession-Proof Native Economies – Native Business Magazine”

Robert J. Miller: Diversify to Recession-Proof Native Economies

Posted in Economic Development, Private sector economic development, Uncategorized | Leave a comment

The Indian Law Bombshell: McGirt v. Oklahoma, U.S. Supreme Court

FYI – We posted our working paper on line last Sunday. You can download if for free. We would appreciate any comments.

The Indian Law Bombshell: McGirt v. Oklahoma (July 9, 2020).

In case you are interested in this very significant Indian Law case from last month, we have posted on SSRN.com (Social Science Research Network) our “working paper draft” on the U.S. Supreme Court case McGirt v. Oklahoma. The Supreme Court surprised many people when it held, by a 5-4 vote, that the Muscogee (Creek) Nation’s 1866 reservation has never been disestablished and still exists today. The reservation is once again recognized as comprising three and a quarter million acres, in which one million Oklahomans live, including 400,000 people in Tulsa.

The article can be downloaded for free at:

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3670425

I’ve had problems with the link.

If you paste it into your browser, it works fine.

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3670425

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Voice of America video report on McGirt v. Oklahoma

On July 9, the U.S. Supreme Court issued a very significant Indian Law case. The Court forced the United States to live up to its treaty promises of 1832 and 1866 to recognize the boundaries of the Muscogee (Creek) Nation reservation. On Thursday, about one million Oklahomans found out they still live in Indian Country (18 U.S.C. 1151).

The Voice of America media outlet interviewed me about the case on July 9 and the video can be viewed here:
https://www.voanews.com/episode/us-supreme-court-deems-half-oklahoma-native-american-reservation-4350421

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Zoom talk on the McGirt case Thu July 16 from the Oregon Historical Society

Please join me in a noontime [PDT] talk for the Oregon Historical Society about the July 9 U.S. Supreme Court case McGirt v. Oklahoma in which the Court enforced the United States’ treaty promises from 1832 and 1866 to recognize the boundaries of the Muscogee (Creek) Nation reservation. About one million Oklahomans just found out they live in Indian Country, [that term is defined in 18 U.S.C. 1151]. This decision will require the resolution of multiple criminal, civil, tax, regulatory, and other issues in the years to come.

https://ohs.org/events/mcgirt-v-oklahoma.cfm

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U.S. Supreme Court decides McGirt case and restores a huge chunk of Oklahoma to Indian Country and the Muscogee (Creek) Nation

On July 9, the United States Supreme Court issued McGirt v. Oklahoma. The Court held that the Muscogee (Creek) Nation reservation boundaries still remain as defined in its 1832 and 1866 treaties with the United States. Thus, this area is still a reservation and still “Indian Country” as defined in 18 U.S.C. 1151. About one million Oklahomans just found out they live within the Creek Reservation, including about 400,000 people in Tulsa.

This article about the case is in today’s Arizona Republic, July 12, 2020.

https://www.azcentral.com/story/news/local/arizona/2020/07/11/supreme-court-ruling-expanded-tribal-land-what-does-mean-arizona/5410782002/

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