Here.
This is an action by plaintiff State of Wisconsin (“the State”) pursuant to the Indian Gaming Regulatory Act (“IGRA”), 25 U.S.C. § 2710(d), to enjoin certain Class III gaming activities being conducted by defendant Ho-Chunk Nation (“the Nation”) at its DeJope facility in violation of the tribal-state Class III gaming compact between the parties.
Walter Echo-Hawk’s new book, In the Light of Justice: The Rise of Human Rights in Native America & the UN Declaration on the Rights of Indigenous Peoples, with a foreword by James Anaya, will be published this August.
Echo-Hawk and Anaya are doing a book launch event on June 12 at the annual conference of the Association of Tribal Archives, Libraries, and Museums held at Santa Ana Pueblo.
P is a Delaware corporation, wholly owned by T, an Indian tribe. For the years at issue P attempted to file consolidated returns with C, another corporation wholly owned by T. P contends that T is the common parent corporation of P and C and that together they constitute an affiliated group eligible to file a consolidated return. On the returns filed, P did not claim Indian employment credits under I.R.C. sec. 45A even though P was entitled to them; instead P deducted the entirety of its employee expenses. R determined that the consolidated returns that P joined in filing were invalid and that P was required to claim a credit under I.R.C. sec. 45A and reduce its wage deduction by the entire credit amount (without regard to credit limitations for particular tax years). P now contends that it is not subject to corporate income tax because it is an integral part of T, which because it is an Indian tribe is exempt from income tax.
Held: P, as a State-chartered corporation, is a separate and distinct entity from T and is not exempt from the corporate income tax.
Held, further, the consolidated returns filed for the years in issue were invalid because T, as an Indian tribe, was not eligible to join in the filing of a consolidated return, and P and C alone did not constitute an affiliated group.
Held, further, the Indian employment credits under I.R.C. sec. 45A are not elective; and as a result, P’s employee expense deductions for the years at issue must be reduced by the amount of the credit as determined under I.R.C. sec. 45A without regard to limitations on the allowable amount of the credit.Uni
Here.
Question Presented:
Absent express federal authorization, the State of California lacks jurisdiction to regulate the licensing
of contractors on the tribal trust land of the Twenty- Nine Palms Band of Mission Indians. Neither Public Law 280 nor any other federal law authorizes Call- fornia to so regulate. May a tribal corporation none- theless act as a private attorney general by suing a non-Indian contractor in state court for disgorgement under California Business & Professions Code § 7031(b), for being unlicensed while constructing improvements on tribal trust land in connection with a tribal gaming enterprise?
Previous coverage here.
From the NY Times.
White House officials declined to say who Mr. Obama’s choices will be ahead of an announcement that could come this week, but leading contenders for the spots appear to include Cornelia T. L. Pillard, a law professor at the Georgetown University Law Center; David C. Frederick, who often represents consumers and investors at the Supreme Court; and Patricia Ann Millett, a veteran appeals lawyer in Washington. All three are experienced lawyers who would be unlikely to generate controversy individually.
Several legal advocates who have been in communication with the West Wing said officials had repeatedly discussed those names in recent months.
The St. Regis press release.
The Saint Regis Mohawk Tribe announced today that they
reached a Memorandum of Understanding with Governor Andrew M. Cuomo of the State of New York that is the first step to addressing longstanding land claims with Franklin and St.
Lawrence Counties, outstanding issues with the New York Power Authority and resolve the Revenue Sharing Dispute with New York State.
Any agreement on land claims would be subject to a tribal referendum. (h/t C.G.)
Here.
The exhibit, called Turning Point: The War of 1812 from the Native American Perspective, will focus only in part on the actual events of the 1812 war.
“It’s not your typical bicentennial commemoration of a conflict, where we’re showing battles and people involved in the battles,” said Mary Cummings, who is the executive director of the historical society. “That’s just part of the story.”
Rather, said Cummings and Eric Hemenway, the exhibit will look at the events leading up to the war, and how that war affected the Odawa people of Little Traverse Bay — as well as Little Traverse Bay itself.
“There’s going to be emphasis on the men who participated in the battle — who they were,” said Hemenway, who sits on the board of trustees for the historical society and is the director of repatriation, archives and records for the Little Traverse Bay Bands of Odawa Indians. His work revolves around retrieving human remains and sacred objects under the Native American Graves Protection and Repatriation Act.
The exhibit will feature the biographies of three Odawa leaders: Assiginac, Mokomanish and Shabanai.
Turtle Talk 
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