8th Haudenosaunee Conference

LAND, LACHES & LEGAL BATTLES
Reclaiming Our Indigenous Territories

November 18 & 19, 2011
Goldstein Student Center

401 Skytop Road, South Campus
Syracuse University, Syracuse, NY  13210

Welcome Video 1: Carrie Garrow, Christian Day

Thanksgiving Address_Video 2: Sid Hill

Video 3: Carrie Garrow
The Tangled Web of New York's History--Laws and Lies

Video 4: Meghan McCume (video forthcoming)
Influencing Public Opinion and Framing Land Claim Opposition: The Reciprocal Relationship between Federal Indian Law and Anti-Indian Movements

Video 5: Lindsay Robertson
The Tortured History of the Discovery Doctrine  in the Marshall Court

Video 6: Kathryn Fort
New Laches--A History

Video 7: Oren Lyons

Video 8: Legal Frontlines_Joe Heath, Curtis Berkey
The Status of Land Claims/Rights Cases

Video 9: Matthew Fletcher
National Implications of Sherrill

Video 10: Douglas Sanderson
Against Supersession

Video 11: Julie Ann Cavanaugh-Bill
Using a Human Rights Framework to Educate, Empower and Enforce Indigenous Rights

Registration: mail-in, pdf file

Registration: online

Agenda

Accommodations

Directions

Conference abstract

Upon arrival of European nations, the Haudenosaunee Nations continually worked to protect our lands through government-to-government relations, treaties, and when necessary, war. However, despite using every means possible to protect their lands, New York State continually violated treaty protocol and federal law to obtain Indian lands. Today the Nations are working to reclaim their territories illegally taken by the New York State using various means from negotiation to the courts to tribal disobedience. Initially, courts were unreceptive to lands claims by the Six Nations, dismissing the claim made by a Mohawk in 1929. This legal barrier was broken in the 1970s by the Oneida Nation, opening up the federal courts to land claims based on a violation of the Non-Intercourse Act.

However, this was short lived as today the courts have demonstrated a true hostility towards granting justice for the Indian nations. The 2^nd Circuit’s application of the City of Sherrill v. Oneida Indian Nation to the Cayuga and Oneida cases created the doctrine of “new laches,” an equitable defense applicable only to Indian land claims. The 2^nd Circuit’s action affirms the colonial ideology of American law that has dehumanized Indian nations and has created an unjustified defense to ensure the failure of Haudenosaunee land claims. In this era of “new laches” American courts are applying inequitable and racist doctrine to not just Haudenosaunee land claims, but potentially all Indian land claims.

The 8^th Annual Haudenosaunee Conference gathers together scholars and legal experts to examine the legal dilemma now faced by Indian nations—what options are now available to Indian nations to reclaim their Indigenous territories illegally taken by states and federal government. Speakers will address the tenuous foundation of the doctrine of discovery that underlies these cases; how “new laches” is a new legal doctrine that only applies to Indian land claims; and possible avenues to overcome the Sherrill line of cases and find just for Indian land claims.