GAO Report on Missing or Murdered Indigenous Women

Here:

Missing or Murdered Indigenous Women: New Efforts Are Underway but Opportunities Exist to Improve the Federal Response

PDF

Oklahoma Federal Court Bars Creek Nation from Oklahoma Mining Jurisdiction Suit against Interior

Here are the materials (so far) in State of Oklahoma v. Dept. of the Interior (W.D. Okla.):

17 State Motion for PI

22 Muscogee (Creek) Nation Motion to Intervene

22-1 Proposed Motion to Dismiss

34 Federal Response to 17

42 Reply in Support of 17

44 Federal Opposition to 22

45 State Opposition to 22

48 Tribe Reply in Support of 22

61 DCT Order Denying 22

We posted the complaint here.

Louisiana Federal Court Dismisses Most Discrimination Claims in Suit to Stop Closure of Pointe-aux-Chênes Elementary School

Here are the materials in Billiot v. Terrebonne Parish School Board (E.D. La.):

1 Complaint

27 DCT Order Denying TRO

42 Motion to Dismiss

54 Response

60 DCT Order

Indian Law News Coverage (11/3/2021)

TNR: “Indian Country’s Right to Say No

PolitiFact: “Understanding the battle over the Indian Child Welfare Act

Mvskoke Media: “Tribes defend reservations amid continued attacks

Tulsa World: “Cherokee Nation attorney general disputes state’s claim that McGirt ruling has caused ‘chaos’

NYTs [Kevin Maillard]: “Fry Bread Is Beloved, but Also Divisive

Nevada Federal Court Denies Habeas Petition of Non-Indian Convicted of Crime on Tribal Lands

Here are the materials in Berry v. Baca (D. Nev.):

24 Habeas Petition

28 Motion to Dismiss

32 Response

33 Reply

43 DCT Order

North Dakota SCT Affirms Conviction Arising from Tribal Police Stop

Here are the materials in State v. Suelze (N.D. S. Ct.):

Appellant Brief

Appellee Brief

Opinion

Indian Law News Coverage (10/29/2021)

AP: For tribes, ‘good fire’ a key to restoring nature and people

NYTs: Forced Relocation Left Native Americans More Exposed to Climate Threats, Data Show

YaleEnvironment360: Why Protecting Tribal Rights Is Key to Fighting Climate Change

NYTs: He Unleashed a California Massacre. Should This School Be Named for Him?

LitHub: An Illustrated Tour of Some of North America’s Beloved, Diverse Indie Bookstores

RED PLANET BOOKS & COMICS
Albuquerque, New Mexico, USA

California COA Decides Rincon Band of Luiseño Mission Indians of the Rincon Reservation Cal. v. Flynt

Here are the materials:

Opinion

Appellants Brief

Respondents Brief

Reply

Prior post here.

Kevin Washburn on Tribal Co-Management of Federal Public Lands

Kevin Washburn has posted “Simple Tribal Co-Management: Using Existing Authority to Engage Tribal Nations in Co-Management of Federal Public Lands” on SSRN.

Abstract:

Each year Native American tribal nations enter hundreds of federal contracts worth billions of dollars to run federal Indian programs. By substituting tribal governments for federal agencies, these “self-determination contracts” have been enormously successful in improving the effective delivery of federal programs in Indian country. However, tribal governments wish to do more. Tribes wish to co-manage federal public lands, including lands that lie outside their reservations, and they have a lot to offer in this area. For example, a tribe might seek to contract with the Fish & Wildlife Service to operate a wildlife refuge, or with the National Park Service to manage a park or monument or even with the Bureau of Reclamation to operate a federal dam. Tribes are natural partners for much of this work. Many federal units are located on lands that are, or were, tribal aboriginal lands. Although the federal government has had the legal authority to enter such contracts since 1994, federal agencies have been slow to enlist tribes in the management of federal public lands. A review of the few existing successful cases suggests that tribes confront dramatically different dynamics when seeking to contract functions with agencies beyond the Bureau of Indian Affairs or Indian Health Service and other agencies providing services to Indian people. At a time when indigenous-led conservation is crucial to addressing climate change and our national conservation goals, this article examines the obstacles to tribal co-management of public lands and proposes solutions.

Always good to see new scholarship from Dean Washburn.

New Work by Indigenous Women about Law School and Lawyering

Ernestine Chaco has published “Mentorship, Leadership and Being an Indigenous Woman” in the Journal of Legal Education. An excerpt:

Law school, for me, was an incredible period of growth, in large part because of the educational environment. I had five Indigenous law professors, four of whom were women. It was powerful to be seen and acknowledged. Our Indigenous presence existed through Indigenous faculty, Indigenous students, robust Indigenous student organizations, and Indigenous law courses.

Roshanna K. Toya has published “A Rite of Passage: Perpetuating the Invisibility of American Indian Lawyers,” also in the Journal of Legal Education. An excerpt:

Further, law schools must create and encourage safe spaces for American Indian students to be recognized, coexist, and have their voices heard. Student organizations are one space. Courses like property, federal jurisdiction, and civil rights are other areas where American Indians can be more visible. Law schools should also assign works written by and reflecting the voices of American Indians, and patiently and intently listen to the voices of students. Reading this essay is a start. Providing resources that Indian students can access to make sure they can be effective law students is another start.

Highly recommended.