Heather Tanana to Speak at UMLS Next Week

Cougar Den Prevails in Administrative Proceeding Initiated by Washington State’s Continued Effort to Impose Motor Fuel Tax Despite Losing at SCOTUS

Here are the materials in In re Cougar Den Inc. (Wash. O.A.H.):

Cougar Den Motion for Summary J

Dept Motion for Summary J

Cougar Den Opposition

Dept Response

Cougar Den Reply

Dept Reply

ย 

Initial Order on Summary Judgment Motions

Yeesh, they were right about Dall-E being expert at generating bad art: “cougar driving a truck in the style of the simpsons”

SCOTUS Denies Two Indian Law Cert Petitions

Here is today’s order list.

The two denied petitions are Bird Industries v. Tribal Business Council of the Three Affiliated Tribes of the Fort Berthold Indian Reservation and Sauk-Suiattle Tribe v. City of Seattle.

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 Courtโ€™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 Sovereignsโ€™ 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 Descendantsโ€™ 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: