California Federal Court Decides Lexington Insurance Co. v. Mueller [Cabazon Band of Mission Indians]

Here are the materials in Lexington Insurance Co. v. Mueller (C.D. Cal.):

Interior, Mashpee Wampanoag, and Casino Opponents File Cross-Motions for Summary Judgment

Here are the materials (so far) in Littlefield v. Dept. of the Interior (D. Mass.):

Prior post here.

UCLA Castro-Huerta Event Tomorrow

Castro-Huerta v. Oklahoma and the Attack on Tribal Sovereignty: Where Do We Go From Here?  Wednesday, July 6, 202210:00 am (PT)via ZoomRegister: HERE  The Supreme Court upended two hundred years of settled law regarding criminal jurisdiction in Indian country last week in Castro-Huerta v. Oklahoma. In an opinion stemming from the McGirt case, the astonishing decision asserted that there is a presumption of state criminal jurisdiction that must be preempted in Indian country, undermining tribal sovereignty and threatening safety and security for Indian people. Join us for this webinar as we hear from the nation’s leading legal practitioners and scholars about how this case came to be and what we might expect in the wake of its holding.

Turtle Talk Operations Announcement re. Friday Job Postings

Hi everyone,

At the moment we are slightly behind on Friday job postings due to a staff shortage. The ILPC will be hiring for a program coordinator in the very near future (keep your eyes out for that posting! The irony!). Please be patient and remember we are a very small behind the scenes team here at TT and the job postings have happily grown into a fairly large weekly task. Regular Friday postings will begin again on April 8.


Said very small TT admin team

California Federal Court Confirms Tribal Jurisdiction over Nonmember Business

Here are the materials in Rincon Mushroom Corporation of America v. Mazzetti (S.D. Cal.):

166 Rincon Mushroom MSJ

167-1 Tribe MSJ

171 Rincon Mushroom Reply

174 Tribe Reply

Prior post here.

BJA Tribal Leader Consultation Announcement

The Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice Invites Tribal Leaders to Consult on Strengthening Public Safety and Law Enforcement to Address Violent Crime in Tribal Communities and Native Villages

The goal of the Bureau of Justice Assistance (BJA) annual consultation with tribal leaders and tribal designees is to identify criminal justice policy issues and tribal priorities to support tribal justice strategies to achieve safer communities. The ultimate goals are to improve law enforcement and public safety in tribal communities and native villages; and support grant administration and criminal justice policy development to support local, state, and tribal law enforcement in achieving safer communities.

The BJA Tribal Consultation Program includes two sessions. They are:

Date: Wednesday, August 25, 2021

Time: 1:00 – 3:00 p.m. ET

The BJA will provide information on tribal justice funding and programs; and preview questions that will be posed during the upcoming Tribal Consultation Virtual Session on September 15th.   To register, click here.

Date: Wednesday, September 15, 2021

Time: 1:00 – 3:00 p.m. ET

During this session, BJA will hear from tribal leaders and stakeholders to help inform how BJA tribal assistance funds and programs can best support Tribal and Native communities.  Focus areas will include: comprehensive justice system planning; tribal justice facilities; court system enhancements; alcohol and substance abuse programs; civil and criminal legal assistance; alternatives to incarceration; addressing violent crime in Native communities; and other priorities.

By identifying and clarifying those priorities, the session will result in more efficient delivery of needed grant funding, and in turn enhanced safety and security in tribal communities and native villages.  This session will include a facilitated question-and-answer session for tribal leadership.  To register, click here.

Tribal Leaders are invited to both sessions. Other tribal stakeholders are also invited to participate including tribal justice practitioners, grantees, evaluators/researchers, statisticians, tribal organizations, nonprofit organizations working on tribal issues, and representatives of tribal, federal, state, and local governments working on public safety in tribal communities and native villages.

A framing paper has been developed to help guide tribes as they consider and provide their positions during the virtual session and is available online at the BJA Tribal Consultation webpage.

The Bureau of Justice Assistance (BJA), a component of the Department of Justice’s Office of Justice Programs supports tribal governments in addressing their public safety needs. In addition to providing grants to tribal governments to support public safety efforts, BJA provides training and technical assistance (TTA) to tribal governments and supports implementation of evidence- and research-based practices.

Minnesota Bankruptcy Court Holds Pokagon Potawatomi Gaming Per Capita Payments are Not Part of Debtor’s Estate

Here are the materials in In re Musel (D. Minn. Bkrcy.):

10 Motion to Turnover

14 Response

22 Trustee Brief

23 Debtor Brief

25 Memorandum Decision and Order

An excerpt:

The Pokagon Band followed all of the requirements outlined in IGRA – a federal statute – to achieve federal approval for its Gaming Revenue Allocation Plan. Once that RAP was approved, the Band’s sovereignty ensured that it became the sole and exclusive authority for creating and defining property rights for payments it authorized. The RAP’s plain language prevented the creation of any vested property right or interest, and any intangible right to payment was unique to the individual tribal member. As a consequence, the debtor had no property interests that would be considered property of the estate under § 541(a). Additionally, even outside of the Pokagon Band’s sovereign authority to create and define property rights, the per capita payments are not property of the estate in policy, logic, or equity.