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In the newly-approved Restatement, the reporters note that the Discovery Doctrine is based on “presumed Christian superiority.” That’s a pretty bold line considering the ALI membership is overwhelmingly white and male - an institution that will celebrate its centennial in two years. In other words, it only took 98 years for the legal canon to recognize the importance of federal Indian law - and with the courage to accept what it has long rejected. “Many of these principles have been around since the founding of the United States and really since the beginning of the constitutional era in 1789, but they are not necessarily well known,” said Matthew Fletcher, one of three ALI Reporters who has been drafting the restatement since 2012. Fletcher is a tribal citizen of Grand Traverse Band of Ottawa and Chippewa Indians. Another reporter behind the restatement, Kaighn Smith, Jr., pointed out some glorious irony to me. When the drafting of the document was just being discussed for the first time nearly a decade ago, the talks took place at Washington D.C.’s Mayflower Hotel in a ballroom named the “Colonial” room. Can’t script that kinda bizarre any better. For the longest time, the Native American Rights Fund (NARF) was all there was to respond to the legal crises facing Indian Country (that is, armed with the foundation laid by the great Felix S. Cohen.) Now, with every graduation, there are more Indian lawyers than ever before… One book you’ll find in the list comes from Walter “Bunky” Echohawk who spoke with me the day I visited NARF offices to consider a summer internship. I was torn between a career in federal Indian law and journalism back then. Still am… Enjoy the weekend, friends. Jenni
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