New Mexico Federal Court Determines that Winters Applies to Santa Ana Pueblo Water Rights Claim . . . Or something like that

Here are the new materials in United States v. Abouselman (D.N.M.):

Prior post here.

A view of ABQ, unrelated to this case.

Federal and Tribal Briefs in Opposition in Klamath Irrigation District v. Bureau of Reclamation

Here:

This is the Trinity River @ Hoopa

Cert petition and other materials here.

UConn Law Review Symposium — Interrogating Haaland v. Brackeen: Family Regulation, Constitutional Power, and Tribal Resilience [October 6, 2023]

Here:

The Connecticut Law Review invites you to their 2023 symposium: Interrogating Haaland v. Brackeen: Family Regulation, Constitutional Power, and Tribal Resilience The litigation that led to Haaland v. Brackeen threatened to take down not only the Indian Child Welfare Act, but vast swaths of federal Indian policy and federal law. Instead, the Supreme Court’s decision left ICWA unscathed and affirmed the constitutional relationship between tribal nations and the United States. But threats to Native families and tribal sovereignty continue. Native children continue to be removed from their communities by a market for adoptable children. A handful of states and interest groups continue to seek ways to challenge tribal authority and federal laws that support it. And because the Supreme Court held that the Brackeen plaintiffs lacked standing to raise their equal protection challenges to ICWA, those claims can be raised another day. Leading scholars, attorneys, and tribal leaders will explore these and other issues raised by the decision in this symposium.

Recent Indian Law Scholarship

Tribes, States, and Sovereigns’ Interest in Children

North Carolina Law Review, Vol. 102, 2024

Emily Stolzenberg, Villanova University Charles Widger School of Law


Navajo Statehood: From Domestic Dependent Nation to 51st State

101 Oregon Law Review 307 (2023)

Ezra Rosser, American University – Washington College of Law


Re-Placing Property

University of Chicago Law Review, Forthcoming

Jessica A. Shoemaker, University of Nebraska – College of Law


The Federal Indian Blood Quantum Fiction

The Great Vanishing Act: Blood Quantum and the Future of Native Nations, Vol. 2, Fulcrum Publishing, (Forthcoming)

Gabriel Galanda, Galanda Broadman


Enslaved in a Free Country: Legalized Exploitation of Native Americans and African Americans in Early California and the Post-Emancipation South

Journal of Law and Political Economy, Vol. 3, No. 2, 2022

Middleton Manning, Beth Rose, Steven Gayle


Affordable and Clean Energy

Chapter 7 in Governing for Sustainability, Environmental Law Institute (2023); University of Utah College of Law Research Paper Forthcoming

Elizabeth Ann Kronk Warner, Uma Outka, University of Utah – S.J. Quinney College of Law and University of Kansas – School of Law


Property and More-than-Human Personhood

U. of Pittsburgh Legal Studies Research Paper No. 2023-34

Jessie Allen, University of Pittsburgh – School of Law


True Co-management: Critical Approaches to Indigenous Food Sovereignty

41 Yale Law & Policy Review 233 (2023)

Alexandra Fay, UCLA School of Law

MCN District Court Orders Enrollment Office to Reconsider Denials of Freedmen Descendants’ Citizenship Applications

Here is the order in Grayson v. Citizenship Board (MCN Dist. Ct.):

Cannupa Hanska Luger @ UMMA

Utah Federal Court Dismisses Ute Water-Related Breach of Trust Claims

Here are the materials in Ute Indian Tribe v. Dept. of the Interior (D. Utah):

199 Water District Motion to Dismiss

200 US Motion to Dismiss

201 Utah Motion to Dismiss

207 Response to Water District Motion

208 Response to State Motion

210 Response to US Motion

214 Utah Reply

215 US Reply

216 Water District Reply

244 DCT Order

Prior post here.

Sixth Circuit Briefs in Nessel v. Enbridge Energy LP

Here:

Mayberry and Garrow on Fairness for Self-Represented Tribal Court Litigants

Danielle J. Mayberry and Carrie E. Garrow have published “A Portrait of Tribal Courts: Tribal Court Tools and Levers to Ensure Procedural Fairness for Self-Represented Litigants” in the Journal of Appellate Practice and Process. PDF

Highly recommended!

Sault Tribe Trust Land Acquisition Appeal [updated 1/12/24]

Here are the briefs (only one so far) in Sault Ste. Marie Tribe of Chippewa Indians v. Haaland (D.C. Cir.):

Sault Tribe Reply

Lower court materials here.

D.C. Circuit Briefs in Tanner-Brown v. Haaland

Here:

Lower court briefs here.