Montana SCT Rules Against US in Case Where BIA Police Officer Sexually Assaulted Tribal Member

This means that the United States is potentially liable under the Federal Tort Claims Act. Let the settlement negotiations proceed.

Opinion in L.B. v. United States:

Argued by April Youpee-Roll in her first argument. She kicked some serious onze in this one.

Briefs:

Seventh Circuit Holds State May Not Tax Alienable Lands of Tribal Members on L.C.O. Reservation

Here is the opinion in Lac Courte Oreilles Band of Lake Superior Chippewa Indians v. Evers:

Briefs and lower court materials here.

Washington COA Rejects Nooksack Disenrollees’ Tort Claims arising from Eviction

Here are the materials in Rabang v. Gilliland:

Fletcher and Singel on Lawyering and the Indian Child Welfare Act

Fletcher and Singel’s paper, “Lawyering the Indian Child Welfare Act,” has been published in the Michigan Law Review. We’re honored to be part of a symposium on civil rights lawyering!

Our abstract:

This Article describes how the statutory structure of child welfare laws enables lawyers and courts to exploit deep-seated stereotypes about American Indian people rooted in systemic racism to undermine the enforcement of the rights of Indian families and tribes. Even when Indian custodians and tribes are able to protect their rights in court, their adversaries use those same advantages on appeal to attack the constitutional validity of the law. The primary goal of this Article is to help expose those structural issues and the ethically troublesome practices of adoption attorneys as the most important Indian Child Welfare Act (ICWA) case in history, Brackeen v. Haaland, reaches the Supreme Court.

California Federal Court Rebuffs Coyote Valley Effort to Stop State Court Contract Dispute

Here are the updated materials in Coyote Band of Pomo Indians v. Findleton (N.D. Cal.):

Prior post here.

Ninth Circuit Affirms Dismissal of Suit against Mechoopda

Here is the unpublished opinion in Engasser v. Tetra Tech Inc.

Briefs here.

New York Federal Court Declines to Enjoin Smoke Shops at Cayuga

Here is the order in Cayuga Nation v. Parker (N.D. N.Y.):

Akwesasne Notes, 1986

Prior post here.

Getches, Wilkinson, Williams, Fletcher, Carpenter, and Singel Federal Indian Law Casebook 2022-23 Update

We delighted that Wenona Singel has joined us this year. Guess it’s time to get cracking on the eighth edition. . . .