Here is the order in Sauk-Suiattle Indian Tribe v. City of Seattle (Sauk-Suiattle Tribal Court):

Complaint here.
Here is the order in Sauk-Suiattle Indian Tribe v. City of Seattle (Sauk-Suiattle Tribal Court):

Complaint here.
Here.
Each side presented their oral arguments Wednesday to the U.S. Supreme Court for the most serious challenge to the Indian Child Welfare Act in recent memory. The decision in Haaland v. Brackeen will be a major force in the future of ICWA and the scope of tribal sovereignty. Today on Native America Calling, Shawn Spruceanalyzes the legal debate from a Native perspective with Matthew Fletcher (Grand Traverse Band of Ottawa and Chippewa Indians), law professor at the University of Michigan Law School and author of the Turtle Talk blog; independent journalist Suzette Brewer (citizen of the Cherokee Nation); and Dr. Sarah Kastelic (Alutiiq), director of the National Indian Child Welfare Association.
Here is the order in State of Oklahoma v. Dept. of the Interior (W.D. Okla.):
Briefs here.
Posted an earlier draft of this before, but here is the all-but-final version, now available on SSRN here.
Here is “Preemption, Commandeering, and the Indian Child Welfare Act,” published in the Wisconsin Law Review.

Foreword
Eric D. Eberhard

Bringing Congress and Indians Back into Federal Indian Law: The Restatement of the Law of American Indians
Kirsten Matoy Carlson
Tribal Sovereignty and Economic Efficiency Versus the Courts
Robert J. Miller
Off-Reservation Treaty Hunting Rights, the Restatement, and the Stevens Treaties
Ann E. Tweedy
Reflections on the Restatement of the Law of American Indians
Matthew L.M. Fletcher
Protection for Indian Sacred Sites
William A. Fletcher
Why Our Stories Matter: A Perspective on the Restatement from the State Bench
Raquel Montoya-Lewis



Gregory Ablavsky has posted “Further Thoughts on the Constitutional History of Federal Power Over Indian Affairs” on SSRN.
The abstract:
This short piece builds on my earlier response to Robert Natelson’s purported “cite check” of my 2015 Yale Law Journal article by addressing some of the arguments in his new Federalist Society Review article. It argues 1) that Natelson misinterprets Federalist 42, 2) that colonial-era regulations of Indian trade support a quite broad scope for the law merchant, and 3) that Natelson mischaracterized my methodology while making some odd methodological choices of his own. It also briefly offers some new evidence on the historical scope of federal authority in Indian affairs that further supports an interpretation of the meaning of “commerce with the Indian tribes” that encompasses intercourse.


This Thursday @ 7PM it’ll be time to unveil the new book project (now just have to write it).
Federal Indian law is marked by dramatic confrontations between paradigms such as George Washington’s “Savage as the Wolf” policy or Felix Cohen’s “Miner’s Canary” parable. These metaphors reflect the reality that federal Indian law and policy was imposed on tribal nations. Even today, five decades after the beginning of the tribal self-determination era, the Miner’s Canary parable remains the most used metaphorical shorthand to describe Indigenous affairs in the United States, but those metaphors are no longer useful. Tribal nations now possess political and economic power. Congress and the executive branch have largely embraced tribal self-determination. The Supreme Court has not. Or has it? Tribal nations have fared better in the Supreme Court since 2014 than in any other period of American history. Even so, the Court is paradigmatically split. The Anishinaabe creation is a story about the lowly, but heroic, Muskrat as a metaphor to describe modern tribal nations. The Supreme Court is poised to either accept the new paradigm of tribal self-determination or eradicate it in favor of keeping tribal nations weak. It is a paradigmatic battle of the Muskrat versus the Canary.
Miigwetch to John Low at THE school that shall not be named on this blog for the invitation to present!
Here are the materials in Grant v. Norton (D. Mont.):

Here was yesterday’s order.
Prior post here.

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