Channel 38

red·skin – n. – Offensive Slang
Used as a disparaging term for a Native American.

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The law I study is an institution based not on truth, not on fairness, not on justice or morality.

It is founded on a commercial interest most often described as “dispute resolution.”  Generally, I approve.

Yet with profound sadness should we all receive the news that the doctrine of laches has prevailed over the substance of prejudice.  That the Washington Redskins for so long relied on the economic power of its derogatory racial slur and accompanying logo was cause enough to deny the appeal of those few survivors of the planet’s first cataclysmic holocaust.

Supreme Court Declines to Review Ruling on Team Nickname
The two-decade old legal challenge by Native American activists to change the name of the Washington Redskins came to a close when the Supreme Court declined, without comment, to reconsider a lower court’s ruling that the activists waited too long to claim that the team name is so racially offensive that it does not deserve trademark protection.

HOWEVER, the struggle isn’t over yet.

Six American Indian young people from across the country have filed a joint petition with the Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office for the cancellation of the Washington Redskins football organization (Pro-Football Inc.) trademarked term, “Redskins.”  Because the six American Indian petitioners are between the ages of 18 to 24, laches is not be applicable in their petition.

READ MORE HERE:  Building a new generation to take on the Redskins case

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Interestingly enough, the sentiment expressed in this pair of suits is not shared universally among all members of the Indian community. 

See: In Twist, Tribe Fights for College Nickname (reporting on the Spirit Lake Tribe’s effort to preserve the University of North Dakota’s team name, The Fighting Sioux).
See also: More Reservations About Native American Mascots

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But the news ain’t all bad, as 2009 comes to a close…

New Hopes on Health Care for American Indians
The health care overhaul now being debated in Congress appears poised to bring the most significant improvements to the Indian health system in decades. After months of negotiations, provisions under consideration could, over time, direct streams of money to the Indian health care system and give Indians more treatment options.

Cf. Swine Flu (H1N1) death rate is elevated for Indians, Alaska natives

U.S. Will Settle Indian Lawsuit for $3.4 Billion
The federal government has announced that it intends to pay $3.4 billion to settle a 13-year-old lawsuit alleging that it has mismanaged the revenue in American Indian trust funds, some dating to the 19th century.  The decision potentially ends one of the largest and most complicated class-action lawsuits ever brought against the United States.

U.S. Eases Way to Recognition for Shinnecock
The Obama administration announced that the Shinnecock Indians on Long Island meet the criteria for federal recognition, signaling the end of a 30-year court battle.  “This recognition comes after years of anguish and frustration for many members of our Nation, living and deceased,” Randy King, chairman of the Shinnecock trustees, said in a statement, adding, “Perhaps this recognition will help some of our neighbors better understand us and foster a new mutual respect.”

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But back to the matter at hand, would you tolerate a hysterical hypothetical?

Had the Nazis been victorious in Europe, would the world tolerate a baseball team known as the Berlin Yids, so referenced by the stereotypical image of a large-nosed, payos-adorned rabbi deriving from an ethnic group systematically snubbed out of existence?

I encourage you to reexamine the Washington Redskins mascot…

Six American Indian young people from across the country will file a joint petition with the Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office on Aug. 11 for the cancellation of the Washington Redskins football organization (Pro-Football Inc.) trademarked term, “Redskins.”