California Federal Court Dismisses Remaining Defendants in Acres Bonusing v. Marston

Here are the materials in Acres Bonusing Inc. v. Marston (N.D. Cal.):

78-1 Boutin Jones Motion to Dismiss

79 Janssen Malloy Motion to Dismiss

80-1 Rapport Motion to Dismiss

82 Response

83 Boutin Jones Reply

84 Janssen Malloy Reply

85 Rapport Reply

Prior post here.

Tulsa Law Review Indian Law Symposium Issue

Here are the Indian law articles:

Article

PDF

Restoring Oklahoma: Justice and the Rule of Law Post-McGirt
Sara E. Hill

PDF

Digital Economic Zones: A Program for Comprehensive Tribal Economic Sovereignty
W. Gregory Guedel and Philip H. Viles Jr.

PDF

Lessons Learned, Lessons Forgotten: A Tribal Practitioner’s Reading of McGirt and Thoughts on the Road Ahead
Stephen H. Greetham

Blast from the distant past (2018), Sara and Stephen on the left prepping for a TICA panel on what was then known as Murphy v. Carpenter.

New York Federal Court Orders Tribal Exhaustion in Smoke Shop Dispute at Cayuga

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

Reprinted in Akwesasne Notes, 1970

1 Complaint

2-3 Motion for Injunction

30 Parker Opposition

30-4 Legal Opinion

31 Meyer Opposition

34-1 Parker Motion to Dismiss

35-1 Meyer Motion to Dismiss

37 Reply in Support of 2

40 Opposition to Motions to Dismiss

44 Meyer Reply

45 Parker Reply

45-2 Cayuga Civil Court Order

47-1 Cayuga Civil Court Amended Complaint

States’ Cert Petition in Navajo Nation Water Rights Case

Here is the petition in Arizona v. Navajo Nation:

Questions presented:

I. Does the Ninth Circuit Opinion, allowing the Nation to proceed with a claim to enjoin the Secretary to develop a plan to meet the Nation’s water needs and *ii manage the mainstream of the LBCR so as not to interfere with that plan, infringe upon this Court’s retained and exclusive jurisdiction over the allocation of water from the LBCR mainstream in Arizona v. California?

II. Can the Nation state a cognizable claim for breach of trust consistent with this Court’s holding in Jicarilla based solely on unquantified implied rights to water under the Winters Doctrine?

Lower court materials here.

New Scholarship on Linguistic Methods for Revitalizing Indigenous Laws

Naiomi Metallic has posted “Five Linguistic Methods for Revitalizing Indigenous Laws,” forthcoming in the McGill Law Journal, on SSRN. Here is the abstract:

Building on the ground-breaking work on the revitalization of Indigenous laws ongoing over the past decade, this article seeks to contribute to our understanding of how Indigenous languages can be used to recover Indigenous laws. It posits that there is not one single linguistic method, but at least five: 1) the ‘Meta-principle’ method; 2) the ‘Grammar as revealing worldview’ method; 3) the ‘Word-part’ method; 4) the ‘Word-clusters’ method; and 5) the ‘Place names’ method. Using the Mìgmaq language to illustrate, the article explains each method and provides examples of how they can be used to inform Indigenous law revitalization. The article also shows that one does not have to be a fluent, first-language speaker to engage with linguistic methods for Indigenous law revitalization, by highlighting the various published resources like dictionaries and lexicons, reference and teaching texts, atlases, and more, that can be harnessed to engage in this work. This makes engaging with the linguistic methods accessible to the many Indigenous peoples who, because of the impacts of colonialism, are only starting to re-learn their Indigenous language. This revelation should give greater confidence to the non-fluent that they too can play a role in the revitalization of both their language and laws.

Highly recommended.

Nevada Federal Court Partially Dismisses Housing Suit against Winnemucca Indian Colony and BIA

Here are the materials so far in Brown v. Haaland (D. Nev.):

The Nevada Independent

6 Complaint

29 Motion to Amend Complaint

41 Tribe Motion to Dismiss

44 Response to 41

45 Reply in Support of 41

47 US Motion to Dismiss

50 Response to 47

53 Reply in Support of 47

63 First Amended Complaint

Oklahoma’s “Indian Status” Cert Petition

Here are the materials in Oklahoma v. Wadkins:

Lower court materials here.