Native American Rights Fund

The Native American Rights Fund (NARF) is a non-profit organization that uses existing laws and treaties to ensure that U.S. state governments and the U.S. federal government live up to their legal obligations. NARF also "provides legal representation and technical assistance to Indian tribes, organizations and individuals nationwide."^[1]

Background

The Native American Rights Fund was co-founded in 1970 by David Risling and John Echohawk (Pawnee).^[1] Echohawk currently serves as Executive Director.^[2] NARF is governed by a volunteer board of directors composed of thirteen Native Americans from different tribes throughout the country with a variety of expertise in Indian matters. A staff of fifteen attorneys handles about fifty major cases at any given time, with most of the cases taking several years to resolve. Cases are accepted on the basis of their breadth and potential importance in setting precedents and establishing important principles of Indian law.^[1]

In September 2001 tribal Leaders met in Washington, D.C., and established the Tribal Supreme Court Project in an effort to "strengthen tribal advocacy before the U.S. Supreme Court by developing new litigation strategies and coordinating tribal legal resources."^[3] The ultimate goal is to improve the win-loss record of Indian tribes in Supreme Court cases. The Project is staffed by attorneys from Native American Rights Fund (NARF) and the National Congress of American Indians (NCAI) and consists of a Working Group of over 200 attorneys and academics from around the nation who specialize in Indian law and other areas of law that impact Indian cases, including property law, trust law and Supreme Court practice. In addition, an Advisory Board of Tribal Leaders assists the Project by providing the necessary political and tribal perspective to the legal and academic expertise.

Tribal Supreme Court Project

The Tribal Supreme Court Project does the following:

In conjunction with the National Indian Law Library, monitors Indian law cases in the state and federal appellate courts that have the potential to reach the Supreme Court (NILL Indian Law Bulletins)
Maintains an on-line depository of briefs and opinions in all Indian law cases filed with the U.S. Supreme Court and cases being monitored in the U.S. Court of Appeal and State Supreme Courts (Court Documents)
Prepares an Update Memorandum of Cases which provides an overview of Indian law cases pending before the U.S. Supreme Court, cases being monitored and the current work being performed by the Project
Offers assistance to tribal leaders and their attorneys to determine whether to file a Petition for a Writ of Certiorari to the U.S. Supreme Court in cases where they lost in the court below
Offers assistance to attorneys representing Indian tribes to prepare their Brief in Opposition at the Petition Stage in cases where they won in the court below
Coordinates an Amicus Brief writing network and helps to develop litigation strategies at both the Petition Stage and the Merits Stage to ensure that the briefs receive the maximum attention of the Justices
When appropriate, prepares and submits Amicus Briefs on behalf of Indian tribes and Tribal Organizations
Provides other brief writing assistance, including reviewing and editing of the principal briefs, and the performance of additional legal research
Coordinates and conducts Moot Court and Roundtable opportunities for attorneys who are presenting Oral Arguments before the Court
Conducts conference calls and fosters panel discussions among attorneys nationwide about pending Indian law cases and, when necessary, forms small working groups to formulate strategy on specific issues.^[3]

Actions

One of NARF's earliest cases resulted in the 1974 Boldt Decision, in which a U.S. district judge ruled that Washington State must uphold tribal treaty rights, specifically fishing rights.^[4]

NARF has represented Native peoples in the case, Cobell v. Salazar, initiated by Elouise Cobell (Blackfeet) over the U.S. Department of the Interior's mismanagement of trust funds. The historic 13-year case resulted in a $3.4 billion settlement.^[5]^[6]

NARF publishes literature pertaining to Native American rights. They currently are co-publishing a book about tribal employment law.^[7]

References

1 2 3 Native American Rights Fund. (retrieved on 13 Feb 2010)
↑ "UNM Today." University of New Mexico. 4 Feb 2010 (retrieved 13 Feb 2010)
1 2 "Tribal Supreme Court Project Home." (retrieved on 13 Feb 2010)
↑ Echohawk, John. "Echohawk: Using their law and their history to protect our rights." 6 Jan 2006 (retrieved on 13 Feb 2010)
↑ Coleman, Travis. "Blackfeet woman’s battle for trust accounting a long one." News from Indian Country. Jan 2010 (retrieved on 13 Feb 2010)
↑ "Obama Admin Strikes $3.4B Deal in Indian Trust Lawsuit." New York Times. 8 December 2009 (retrieved on 13 Feb 2010)
↑ Smith, Jr., Kaighn. "Tribal Work Laws Before It's Too Late." Indian Country Today. 26 Jan 2010 (retrieved on 13 Feb 2010)

External links

Native American Rights Fund

Rights of Native Americans in the United States

Case law	Cherokee Nation v. Georgia Worcester v. Georgia Standing Bear v. Crook Ex parte Crow Dog Talton v. Mayes Lone Wolf v. Hitchcock Williams v. Lee Menominee Tribe v. United States McClanahan v. Arizona State Tax Comm'n Bryan v. Itasca County Merrion v. Jicarilla Apache Tribe Hodel v. Irving Mississippi Band of Choctaw Indians v. Holyfield United States v. Lara Cobell v. Salazar Adoptive Couple v. Baby Girl

Legislation	Nonintercourse Act Civilization Act Indian Removal Act Dawes Act Curtis Act Burke Act Indian Citizenship Act of 1924 Nationality Act of 1940 Indian Reorganization Act Oklahoma Indian Welfare Act Indian Civil Rights Act Alaska Native Claims Settlement Act Indian Self-Determination and Education Assistance Act American Indian Religious Freedom Act Indian Child Welfare Act Indian Gaming Regulatory Act Native American Languages Act Indian Arts and Crafts Act Native American Graves Protection and Repatriation Act

Related	Aboriginal title Public Law 280 National Indian Gaming Commission Native American gambling enterprises Cherokee Commission Dawes Rolls Bureau of Indian Affairs Eagle feather law Hunting license Recognition of sacred sites

Indigenous and minority rights

Rights	Ancestral domain Free, prior and informed consent Indigenous intellectual property Indigenous land rights Indigenous language Self-determination Traditional knowledge Treaty rights

Governmental organizations	Aboriginal Affairs and Northern Development Canada African Commission on Human and Peoples' Rights Arctic Council Bureau of Indian Affairs Council of Indigenous Peoples Fundação Nacional do Índio National Commission for the Development of Indigenous Peoples National Commission on Indigenous Peoples (Philippines) United Nations Permanent Forum on Indigenous Issues

Non-governmental and political organizations	Amazon Watch Assembly of First Nations Confederation of Indigenous Nationalities of Ecuador Congress of Aboriginal Peoples Coordinator of Indigenous Organizations of the Amazon River Basin Cultural Survival Friends of Peoples Close to Nature Indigenous Peoples Council on Biocolonialism International Work Group for Indigenous Affairs National Indigenous Organization of Colombia Native American Rights Fund Survival International Unrepresented Nations and Peoples Organization Zapatista Army of National Liberation (more ...)

Issues	Civilizing mission Colonialism Settler colonialism Cultural appropriation Discovery doctrine Homeland Lands inhabited by indigenous peoples Bantustan American Indian reservation Indian reserve Ranchería Manifest destiny Plastic shaman Rainbow Warriors

Legal representation	Indigenous and Tribal Peoples Convention, 1989 Declaration on the Rights of Indigenous Peoples, 2007

Historical cases	2009 Peruvian political crisis Chiapas conflict Depopulation of Diego Garcia High Arctic relocation Indian removal Mapuche conflict Oka Crisis Residential Schools (America, Aotearoa, Canada, South Africa) Rubber boom San controversy Stolen Generations

Human Rights Indigenous rights • Minority rights

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