Author Archives: ilpc

Jurisdiction Case out of the Arizona Court of Appeals [ICWA, UCCJEA]

Here. This case has gone up a couple of times.

Posted in Author: Kate E. Fort, Child Welfare, ICWA, Research | Tagged , , , , ,

State and Individual Parties File for En Banc Review in Brackeen v. Bernhard [ICWA]

Individual Petition for EnBanc Review State Petition for EnBanc Review The Court has asked the federal and tribal parties for response briefs, which are due October 23rd.

Posted in Author: Kate E. Fort, Child Welfare, ICWA, Research | Tagged , , , , ,

Minnesota Launches MMIW Task Force

Here Advocates and public health researchers say a lack of data as well as shortfalls in law enforcement’s handling and prosecution of such cases have hindered efforts to address the issue. The Missing and Murdered Indigenous Women Task Force is … Continue reading

Posted in Author: Kate E. Fort, News, Research

Deadline Update in Brackeen v. Bernhardt [ICWA]

Here Plaintiffs requested an extension to their en banc petition. The Court gave them until October 1 to file.

Posted in Author: Kate E. Fort, ICWA | Tagged , , ,

Register Now for the 2019 ILPC/TICA Annual Conference!

It’s coming up quickly! Hosted by the Tribal In-House Counsel Association and the Indigenous Law and Policy Center at Michigan State University College of Law October 10-11, 2019, with pre-conference activities on October 9, 2019 648 N. Shaw Lane, East … Continue reading

Posted in Announcements, Author: Kate E. Fort, TICA | Tagged , , , , ,

Sixth Circuit Affirms Tribal Court Decision in Spurr v. Pope

Decision But our review involves no probing of the facts, just a pure question of law: Does a tribal court have jurisdiction under federal law to issue a civil personal protection order against a non-Indian and non-tribal member in matters arising … Continue reading

Posted in Author: Kate E. Fort, Research, tribal courts, VAWA | Tagged , , , , ,

Freep Article on Back 40 Mine

As a side note, the Indian Law Clinic got to work on parts of this issue a few years back, and this article nicely encapsulates how complicated it is, and how dangerous the mine is. Here. The Michigan-based permitting process … Continue reading

Posted in Author: Kate E. Fort, Environmental | Tagged , , , ,

Fifth Circuit: ICWA is Constitutional on All Counts

Here. The Fifth Circuit overturned the Northern District of Texas today with strong language supporting ICWA. The Court found that the plaintiffs did have standing, but found against them on all other counts. There is a dissent forthcoming from Judge … Continue reading

Posted in Research | Tagged , ,

Carpenter v. Murphy Restored to the Supreme Court Calendar for Reargument Next Term

More to commentary to come.

Posted in Author: Kate E. Fort, Supreme Court | Tagged , ,

NYT on ICWA and the Brackeen Case

Here

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , ,