Whew, losing steam. Maybe finish round 1 tomorrow.
Here’s the second half of the Category 2 bracket.
# 2 Tribal sovereign immunity
Some other good cases for tribes: no waiver in gaming compact (California), and Minnesota, immunity from state tax foreclosures, immunity from third party subpoenas in federal court litigation, immunity of tribally owned payday lenders, and immunity from simple contract claims.
Some where tribal interests lost: waiver through removal to federal court, waiver by virtue of not being sufficiently governmental, waiver by Congress in Bankruptcy Act, waiver by purchase of insurance, no immunity of tribal governmental organizations, and no immunity from tribal court exhaustion.
And no, Western Sky is not immune from suit.
# 15 Alternative energy
# 7 American Indian education
2014 was the 60th year since Brown v. Board, and so Indian law programs are hosting conferences on Indian education (MSU, Kansas, and now Arizona State but that’s 2015). Dept. of Education did a listening tour. Cobell money. BIE reorganizing.
# 10 Climate Change
Seems odd to seed this so low, but there’s no significant litigation out there pending (unless the Court grants cert in this), no administrative or legislative action. Depressing. There’s this:
UPDATE: Also, there’s this:
# 3 Violence against Women Act
# 14 Indian criminal sentencing
Sentencing disparities are prevalent. USSG is paying attention. CA8 Judge Bright believes this issue to be the biggest issue he faces.
# 6 Tribal court exhaustion
# 11 Tribal General Welfare Exclusion Act