密歇根新闻广播 美国最高法院的判决可能会影响密歇根部落的土地所有权

 

U.S. Supreme¹ Court decision may influence fate of Michigan tribe's land claim

A legal dispute between Michigan and a Native American tribe might be affected² by a U.S. Supreme Court decision last week.

The nation’s highest court found that centuries-old treaties between tribes and the U.S. government remain in effect, even if they have long been ignored.

Stateside spoke³ with Michigan State University law professor Matthew Fletcher, who runs the school's Indigenous⁴ Law and Policy Center, about the ruling in McGirt v. Oklahoma and how it could impact other tribes' disputes over legal jurisdiction⁵. Hear that conversation above.

In the court’s 5-4 decision, Justice Neil Gorsuch wrote, “On the far end of the Trail of Tears was a promise. Forced to leave their ancestral lands in Georgia and Alabama, the Creek⁶ Nation received assurances that their new lands in the West would be secure forever. … Today we are asked whether the land these treaties promised remains⁷ an Indian reservation for purposes of federal criminal law. Because Congress has not said otherwise, we hold the government to its word.”

Attorney David Giampetroni represents the Little Traverse Bay Bands of Odawa Indians in a lawsuit⁸ currently before the U.S. 6th Circuit Court of Appeal.

He says the McGirt v. Oklahoma decision informs lower courts how to read treaties and statutes⁹ in disputes between tribes and state governments.

“The McGirt case and the Little Traverse case involve different treaties and statutes. But McGirt very much informs how lower courts should read treaties and statutes that deal with reservations. So while the treaties and statutes at issue in McGirt were different from those at issue in the Little Traverse case, the courts in the Little Traverse case will have to abide¹⁰ by McGirt in interpreting the treaties and statutes at issue," says Giampetroni.

The Little Traverse Bay Bands are seeking more than 300 square miles of land in northern Michigan.

A federal judge last year ruled against the tribe’s claim the land is part of their reservation, based on an 1855 treaty.

Matthew Fletcher is a law professor at Michigan State University and the director of the Indigenous Law and Policy Center at the school. He says that while there are some important differences in the details of the two cases, he does think McGirt could add weight to the tribe’s argument in the 6th Circuit case.

“Until the McGirt case, it was possible for states and the federal government, on occasion, and non-members to say 'Well, maybe you had a reservation boundary, and maybe it’s still there, but too many people have moved into the area, too much land has gone out of Indian ownership, and because of the weight of history, I’m sorry your reservation is gone.' Now, if we take the McGirt opinion by its word, that analysis is irrelevant,” said Fletcher.

1 supreme   

adj.极度的，最重要的；至高的，最高的

参考例句：

• It was the supreme moment in his life.那是他一生中最重要的时刻。
• He handed up the indictment to the supreme court.他把起诉书送交最高法院。

2 affected   

adj.不自然的，假装的

参考例句：

• She showed an affected interest in our subject.她假装对我们的课题感到兴趣。
• His manners are affected.他的态度不自然。

3 spoke   

n.（车轮的）辐条；轮辐；破坏某人的计划；阻挠某人的行动 v.讲，谈（speak的过去式）；说；演说；从某种观点来说

参考例句：

• They sourced the spoke nuts from our company.他们的轮辐螺帽是从我们公司获得的。
• The spokes of a wheel are the bars that connect the outer ring to the centre.辐条是轮子上连接外圈与中心的条棒。

4 indigenous   

adj.土产的，土生土长的，本地的

参考例句：

• Each country has its own indigenous cultural tradition.每个国家都有自己本土的文化传统。
• Indians were the indigenous inhabitants of America.印第安人是美洲的土著居民。

5 jurisdiction   

n.司法权，审判权，管辖权，控制权

参考例句：

• It doesn't lie within my jurisdiction to set you free.我无权将你释放。
• Changzhou is under the jurisdiction of Jiangsu Province.常州隶属江苏省。

6 creek   

n.小溪，小河，小湾

参考例句：

• He sprang through the creek.他跳过小河。
• People sunbathe in the nude on the rocks above the creek.人们在露出小溪的岩石上裸体晒日光浴。

7 remains   

n.剩余物，残留物；遗体，遗迹

参考例句：

• He ate the remains of food hungrily.他狼吞虎咽地吃剩余的食物。
• The remains of the meal were fed to the dog.残羹剩饭喂狗了。

8 lawsuit   

n.诉讼，控诉

参考例句：

• They threatened him with a lawsuit.他们以诉讼威逼他。
• He was perpetually involving himself in this long lawsuit.他使自己无休止地卷入这场长时间的诉讼。

9 statutes   

成文法( statute的名词复数 )； 法令； 法规； 章程

参考例句：

• The numerous existing statutes are complicated and poorly coordinated. 目前繁多的法令既十分复杂又缺乏快调。 来自英汉非文学 - 环境法 - 环境法
• Each agency is also restricted by the particular statutes governing its activities. 各个机构的行为也受具体法令限制。 来自英汉非文学 - 环境法 - 环境法

10 abide   

vi.遵守；坚持；vt.忍受

参考例句：

• You must abide by the results of your mistakes.你必须承担你的错误所造成的后果。
• If you join the club,you have to abide by its rules.如果你参加俱乐部，你就得遵守它的规章。