Cert Petition in Seneca Nation Citizen’s Treaty-Based Tax Immunity Claim

Here is the petition in Perkins v. Commissioner of Internal Revenue: Perkins v. Commissioner Cert Petition Question presented: This Court is presented with a question of first impression, as to the taxability of income derived from the sale of sand…

ABA SEER Webinar: “McGirt v. Oklahoma: One Tribe, One Treaty?” — March 31, 3PM

Here. This panel will explore the U.S. Supreme Court’s decision in McGirt v. Oklahoma, including how the decision could affect future cases involving tribal rights as well as the ruling’s on-the-ground impacts on environmental regulatory authority within the recently reaffirmed reservation…

Interesting New Scholarship on Cultural Linguistics and Treaty Language

Sammy Matsaw, Dylan Nicely-Hedden, and Barbara A. Cosens have posted “Cultural Linguistics and Treaty Language: A Modernized Approach to Interpreting Treaty Language to Capture the Tribe’s Understanding“, forthcoming in Environmental Law, on SSRN. Here is the abstract: Language is a…

Michigan COA Holds Mackinac Tribe Member May Have Treaty Rights

Here is the opinion in People v. Caswell: Opinion An excerpt: Defendant, Walter Joseph Caswell, is a member of the Mackinac Tribe of Odawa and Ojibwa Indians (the “Mackinac Tribe”). In October 2018, a Department of Natural Resources (DNR) conservation…

Federal Court Dismisses Pro Se Treaty Rights Complaint against State and Sault Tribe

Here are the materials in Hall v. Whitmer (E.D. Mich.): 1 Pro Se Complaint 13 Sault Tribe Motion to Dismiss 15 Response to 13 19 Reply 20 State Motion for Summary Judgment 23 Response to 20 24 Reply 27 Magistrate…