Paul Mooney has published “Making Marijuana Less Illegal: Challenges for Native American Tribes Entering the Marijuana Market” in the South Dakota Law Review.
Paul Mooney on Cannabis in Indian Country
Author: Matthew L.M. Fletcher
American Indian Law Journal, Volume 11, Issue 1
Here:
Current Issue: Volume 11, Issue 1 (2022)
Articles
Education Administration in Federal Indian Law: Learning From A Colonial Project Turned Tool of Liberation
Ariel Liberman and Douglas L. Waters Jr.
Native America: Universities as Quasi-Cities, Sovereignty and The Power to Name
Victoria Sutton
The Digital Isolation of Indigenous Communities
Myranda Buiquy
A Jurisprudential Quilt of Tribal Civil Jurisdiction: An Analysis of Tribal Court Approaches to Determining Civil Adjudicatory Jurisdiction
Jacob Maiman-Stadtmauer
American Indian Law Journal, Volume 11, Issue 1
Here:
Current Issue: Volume 11, Issue 1 (2022)
Articles
Education Administration in Federal Indian Law: Learning From A Colonial Project Turned Tool of Liberation
Ariel Liberman and Douglas L. Waters Jr.
Native America: Universities as Quasi-Cities, Sovereignty and The Power to Name
Victoria Sutton
The Digital Isolation of Indigenous Communities
Myranda Buiquy
A Jurisprudential Quilt of Tribal Civil Jurisdiction: An Analysis of Tribal Court Approaches to Determining Civil Adjudicatory Jurisdiction
Jacob Maiman-Stadtmauer
Tenth Circuit Rules in Favor of Oil and Gas Extractors in Royalties Dispute [Wind River Reservation]
Blumm on Salmon and Climate Change
Michael C. Blumm has posted “Salmon, Climate Change, and the Future,” forthcoming in the Environmental Law Reporter, on SSRN.
Here is the abstract:
This article examines salmon law and policy in the context of ongoing climate change. The article examines the nature of the threats that climate change poses and will continue to pose for salmon recovery, as well as possible legal responses to combat these threats. It also considers the future prospects of Pacific salmon in a world that will include significant climate change and other threats to preserving and equitably apportioning the salmon resource, whose environmental sensitivity and expansive life cycle will continue to pose substantial challenges for the foreseeable future. The Article is excerpted from “Pacific Salmon Law and the Environment: Treaties, Endangered Species, Dam Removal, Climate Change, and Beyond” (ELI Press 2022).
Wisconsin Court of Appeals Briefs in Matter Involving Taxation of Menominee Trust Land
Here are the briefs in Legend Lake Properties Owners Association Inc. v. Keshena:
Nevada Federal Court Declines to Enjoin Winnemucca Housing Eviction Action
Merits Stage Briefs in Arizona v. Navajo Nation/Dept. of the Interior v. Navajo Nation
Here:
Department of Justice Civil Rights Division Publishes Damning Report on Alaska’s Child Welfare System Violates the Americans With Disabilities Act
Here is the report.
From the press release:
The Department of Justice announced today that it found reasonable cause to believe that the State of Alaska violates the Americans with Disabilities Act (ADA) by failing to provide community-based services to children with behavioral health disabilities, relying instead on segregated, institutional settings — specifically, psychiatric hospitals and psychiatric residential treatment facilities. This finding comes at the conclusion of the department’s investigation into whether Alaska subjects children with behavioral health disabilities to unnecessary institutionalization in violation of Title II of the ADA.
“Each year, hundreds of children, including Alaska Native children in significant number, are isolated in institutional settings often far from their communities,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Most of these children could remain in family homes if provided appropriate community-based services. We look forward to working with Alaska to bring the State into compliance with federal law and prevent the unnecessary institutionalization of children.”
Children who are segregated in psychiatric residential treatment facilities commonly stay there longer than six months, and some of them are sent to states as distant as Texas and Missouri, thousands of miles from their families.
The department’s investigation found that Alaska’s system of care is heavily reliant on institutions and that key community-based services and supports needed to serve children with behavioral health disabilities in family homes, such as home-based family treatment, crisis services and therapeutic treatment home services, are often unavailable. As a result, many children with behavioral health disabilities, including a substantial number of Alaska Native children, are forced to endure unnecessary and unduly long admissions to psychiatric hospitals and psychiatric residential treatment facilities both within Alaska and in states across the country.
With today’s announcement, the department has concluded its third investigation in 2022 involving the unnecessary institutionalization of children with behavioral health disabilities.
New Scholarship on Tribal-State Tax Agreements
Pippa Browde has published “Sacrificing Sovereignty: How Tribal-State Tax Compacts Impact Economic Development in Indian Country” in the Hastings Law Journal (PDF).
Abstract:
Economic development is a critical component of tribal sovereignty. When a state asserts taxing authority within Indian Country, there is potential for overlapping, or juridical, taxation over the same transaction. Actual or even potential juridical taxation threatens economic development opportunities for tribes. For many years, tribes and states have entered into intergovernmental agreements called tax compacts to reduce or eliminate juridical taxation. Existing literature has done little more than mention tax compacts with cursory cost-benefit analyses of the agreements. This is the first Article to critically examine the role tax compacts serve in promoting tribes’ economic development.
This Article analyzes economic development activities in Indian Country as two types of transactions: when the tribe or tribal enterprise is engaging as a retailer, and when a tribe or tribal enterprise is working with non-tribal entities in joint ventures. Using these categories of transactions as a framework, and looking to existing compacts between various tribes and states as examples, the analysis focuses on the impact compacts have on economic development in Indian Country. This Article argues that compacts do not live up to the promise of resolving juridical taxation in a manner that fosters economic development opportunities for tribes.
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