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The Eagle Returns

The Legal History of the Grand Traverse Band of Ottawa and Chippewa Indians

Matthew L.M. Fletcher

Publication Year: 2012

An absorbing and comprehensive survey, The Eagle Returns: The Legal History of the Grand Traverse Band of Ottawa and Chippewa Indians shows a group bound by kinship,geography, and language, struggling to reestablish their right to self-governance. Hailing from northwest Lower Michigan, the Grand Traverse Band has become a well-known national leader in advancing Indian treaty rights, gaming, and land rights, while simultaneously creating and developing a nationally honored indigenous tribal justice system. This book will serve as a valuable reference for policymakers, lawyers, and Indian people who want to explore how federal Indian law and policy drove an Anishinaabe community to the brink of legal extinction, how non-Indian economic and political interests conspired to eradicate the community’s self-sufficiency, and how Indian people fought to preserve their culture, laws, traditions, governance, and language.

Published by: Michigan State University Press

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Introduction

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pp. ix-xii

Boozhoo!
This book is a survey of many aspects of the history of the Grand Traverse Band of Ottawa and Chippewa Indians. It is a governmental, legal, and political history, with an emphasis on the status of the tribe both as a treaty tribe and as the very first tribe recognized by the Department of the Interior...

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1. The Story of the 1836 Treaty of Washington

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pp. 2-33

The Grand Traverse Band of Ottawa and Chippewa Indians is one of several Indian tribes who are signatories to the 1836 Treaty of Washington. These treaties brought together as a formal legal and political body the loose confederation of Indian communities or bands living in the Grand Traverse Bay region.2 ...

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2. The Story of the 1855 Treaty of Detroit

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pp. 34-55

After the United States Senate abrogated many provisions of the 1836 Treaty of Washington without the consent of the Michigan Anishinaabek communities, the 1836 Treaty signatories sought a second treaty. The resulting Treaty of Detroit did little to benefit the Grand Traverse Anishinaabek...

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3. The Story of the Dispossession of the Grand Traverse Band Land Base

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pp. 56-83

The 1855 Treaty of Detroit intended to solidify the Anishinaabe land base did not help at all. In perhaps the worst case of mass fraud and incompetence in American Indian political and legal history, the Grand Traverse Band suffered the near-complete dispossession of their lands. ...

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4. The Story of the Federal Recognition of the Grand Traverse Band

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pp. 84-107

The story of the federal recognition of the Grand Traverse Band of Ottawa and Chippewa Indians begins with the end of treaty times, when federal government bureaucrats, including the secretary of the Interior, practiced a policy that would later be called “administrative termination"...

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5. The Story of the Grand Traverse Band’s Treaty Rights Fight

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pp. 108-147

During treaty times, the Grand Traverse Band Anishinaabek negotiated to preserve their right to stay in Michigan and their way of life, including the right to access the Great Lakes and inland fisheries and hunting and gathering grounds. But by the early twentieth century, overfishing dramatically...

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6. The Story of the Development of Modern Tribal Law and Justice Systems

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pp. 148-167

Grand Traverse Band’s customs and traditions based on kinship have served as the foundation of the tribe’s law and justice system since time immemorial, but this ancient structure has been modernized in recent decades. One of the foundations of the good governance model developed...

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7. The Story of the Grand Traverse Band’s Gaming Operations

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pp. 168-189

The Grand Traverse Band opened its first gaming hall in 1984, and its gaming operations—the Leelanau Sands Casino and the Turtle Creek Casino—remain the greatest sources of the revenue for the tribal government. ...

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Afterword: Carcieri v. Salazar and the Band’s Future Land Base

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pp. 190-193

In 2009, the United States Supreme Court handed down its decision in Carcieri v. Salazar,1 a case involving the authority of the secretary of the Interior to acquire land in trust for the Narragansett Tribe in Rhode Island. Unfortunately, the Court’s decision indirectly implicated the authority...

Notes

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pp. 195-235

Bibliography

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pp. 237-248

Index [Includes Back Cover]

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pp. 249-257


E-ISBN-13: 9781609170042
Print-ISBN-13: 9781611860221

Publication Year: 2012