ABA SEER Native American Resources Committee Law Student Writing Competition

Here are details. The highlights re: the writing competition are as follows:


Papers are due May 31, 2023, and must not exceed 20 pages (double-spaced)
Papers can relate to any legal/policy question re: “environmental, energy, or resources legal issues related to Native Americans, Alaska Natives, Native Hawaiians, other Indigenous peoples, Indigenous peoples generally, and/or the field of Indian and tribal law.”
The first-place winner will receive a $1,000 cash prize.

Amicus Briefs in the Ninth Circuit En Banc Stage of Apache Stronghold v. United States

Here is the fantastic amicus brief on behalf of tribes and tribal orgs written by April Youpee-Roll at Munger and Jason Searle and Beth Wright at NARF:

Here are the other briefs:

Mennonite Amicus Brief

Mormon Church Amicus Brief

Protect the First Amicus Brief

Religious Liberty Scholars Amicus Briefs

Sikh Amicus Brief

Prior post here.

Arizona Federal Court Allows Navajo Suit against Interior over Hopi Trust Land Acquisition

Here are the materials in Navajo Nation v. Dept. of the Interior (D. Ariz.):

31 First Amended Complaint

35 Motion to Dismiss

38 Opposition

41 Reply

This case is on remand after the parties agreed to the vacature of the district court’s dismissal of the suit.

New York Federal Court Dismisses Third Party Claims against Cayuga and Clint Halftown [except for recoupment] in Smoke Shop Dispute

Here are the updated materials in Cayuga Nation v. Parker (N.D. N.Y.):

Prior post here.

Navajo Sues Interior over Judicial Funding (again)

Here is the complaint in Navajo Nation v. Dept. of the Interior (D.D.C.):

Williams & Cochrane, Rosette, and Quechan Stipulate to Dismiss All of Their Claims [update]

Here is the stipulation in Williams & Cochrane LLP v. Quechan Tribe of the Fort Yuma Reservation (S.D. Cal.):

Prior post here.

Update. Here are recent pleadings from the parties on the substitution of parties that is interesting reading (not all the pleadings are available):

386 Rosette Parties Motion to Substitute [unavailable]

Michigan State Court Order in Suit against Sault Tribe Gaming Entity, Orders $88M (!!) in Damages

Here is the order in JLLJ Development LLC v. Kewadin Casinos Gaming Authority (Mich. Cir. Ct.):

Prior post here.

American Indian Law Top Downloads for 2022 on SSRN


There was a lot of great American Indian law scholarship this past year. Here is a list of the papers focusing on American Indians and Indian tribes that were law-review length. Some really interesting things were excluded, like Greg Ablavsky’s posts defending his scholarship that had TONS of downloads but were not really law review articles, and lots of international material, etc. Here you go:

Tribal Nations and Abortion Access: A Path Forward [371]

Harvard Journal of Law and Gender, Forthcoming

Number of pages: 79 Posted: 18 Aug 2022

Working Paper Series

Lauren van SchilfgaardeAila HossAnn E. TweedySarah Deer and Stacy Leeds

UCLA School of Law, Indiana University McKinney School of Law, University of South Dakota School of Law, University of Kansas and Arizona State University (ASU) – Sandra Day O’Connor College of Law

Restoring Indian Reservation Status: An Empirical Analysis [278]

Yale Journal on Regulation, Vol. 41, No. 1, Forthcoming, Law & Economics Center at George Mason University Scalia Law School Research Paper Series No. 22-047

Number of pages: 68 Posted: 13 Apr 2022 Last Revised: 01 Dec 2022

Working Paper Series

Michael Velchik and Jeffery Zhang

Harvard University and University of Michigan Law School

Five Linguistic Methods for Revitalizing Indigenous Laws [257]

McGill Law Journal, Forthcoming

Number of pages: 33 Posted: 17 May 2022 Last Revised: 23 May 2022

Accepted Paper Series

Naiomi Metallic

Dalhousie University – Schulich School of Law

The Indian Child Welfare Act as Reproductive Justice [202]

Boston University Law Review, Vol. 103, Forthcoming 2023

Number of pages: 62 Posted: 01 Sep 2022

Working Paper Series

Neoshia Roemer

University of Idaho – College of Law


The Ascension of Indigenous Cultural Property Law
[184]

Michigan Law Review, Vol. 121, No. 1, 2022

Number of pages: 70 Posted: 29 Nov 2022

Accepted Paper Series

Angela Riley

University of California, Los Angeles (UCLA)

Continue reading

Minneapolis Fed on Tribal Contracting

The Federal Reserve Bank of Minneapolis has published a report titled, “Federal contracting’s expanding revenue role in Indian Country.”

Screen shot from the report.

Thanks to Elijah Romero,

Eighth Circuit Briefs in Mandan, Hidatsa, and Arikara Nation v. Dept. of the Interior [opposition to Trump-era approval of non-Indian mining on shores of Lake Sakakawea]

Here:

Lower court materials here.

Screen shot from “Before and After the Flood: Property and Sovereignty at Fort Berthold.