ALI Indian Law Restatement Update

Hey we made a video!

The Atlantic: “The People Who Profited Off the Trail of Tears”

Book review of “Unworthy Republic: The Dispossession of Native Americans and the Road to Indian Territory” by Claudio Saunt.

Here.

National Indian Law Library Bulletin (5/13/2020)

Here:

We have scoured the web. Here are some of the latest materials related to Indian Law. Find all of the latest updates at narf.org/nill/bulletins/

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2020.html
Employers Mutual Casualty Company v. McPaul (Tribal Jurisdiction)
Reyes v. Department of the Interior (Tribal Membership)
Agua Caliente Band of Cahuilla Indians v. Mnuchin (CARES Act)
United States v. Smith (Jury Selection)
Gilliam v. Roach (Sovereign Immunity)

U.S. Legislation – 116th Congress Bulletin
https://narf.org/nill/bulletins/legislation/116_uslegislation.html

  • S.3650 – A bill to amend the Indian Health Care Improvement Act to deem employees of urban Indian organizations as part of the Public Health Service for certain purposes, and for other purposes.
  • S.3666 – A bill to fund grants for the immediate deployment of temporary wireless broadband service on Tribal lands and Hawaiian Home Lands, to provide emergency special temporary authority to use electromagnetic spectrum for the provision of wireless broadband service on Tribal lands and Hawaiian Home Lands, and for other purposes.
  • S.3672 – A bill to provide States and Indian Tribes with flexibility in administering the temporary assistance for needy families program due to the public health emergency with respect to the Coronavirus Disease (COVID-19), to make emergency grants to States and Indian Tribes to provide financial support for low-income individuals affected by that public health emergency, and for other purposes.
  • H.R.6772/S.3622 – A bill to waive the cost share requirement for Indian Tribes receiving disaster assistance relating to COVID-19, and for other purposes.
  • S.Res.565 – A resolution recognizing the heritage, culture, and contributions of American Indian, Alaska Native, and Native Hawaiian women in the United States.

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2020.html

  • The Indigenous decade in review.
  • Sovereignty-affirming subdelegations.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:

  • U.S. Supreme Court weighs ‘transfers of sovereign right’
  • Native Sun News Today: Pipeline loses permit, but construction continues
  • Pandemic broadens use of telemedicine in Indian Country and beyond
  • Alexander Mallory: Tribes have full legal authority to use checkpoints to safeguard health
  • Beyond the sensational rhetoric: ‘Only Congress can disestablish, diminish or undo a reservation’
  • Native candidate seeks to make history
  • Probe launched into Interior leaks, handling of $8 billion for tribes
  • Navajo Nation college has record number of degrees
  • Fry Bread: Children’s book explores the connection between cooking and colonization
  • COVID-19 aid starts flowing to tribes after weeks of confusion
  • How a virtual powwow helped heal a spirit broken during the pandemic

Briefs in Mandan Hidatsa and Arikara Nation v. Dept. of Interior [federal approval of drilling at Fort Berthold] [updated 12/22/21]

Here are the updated briefs in Mandan Hidatsa and Arikara Nation v. Dept. of Interior (D.N.D.):

75 MHA Nation MSJ

80 Slawson MSJ

81 Interior MSJ

87 MHA Nation Reply

Update (12/22/21):

88 Slawson Reply

89 Interior Reply

92 Magistrate Report

105 Status Report

108 DCT Order Denying Stay

109 Objections

Prior post here.

Federal Court Dismisses Suit against Duck Valley Tribe for Failure to Exhaust

Here are the materials in Magee v. Shoshone Paiute Tribes of the Duck Valley Reservation (D. Nev.):

1 Complaint

10 Motion to Dismiss

10-1 Tribal Court Record

16 Response

25 Reply

26 Surreply

28 Objection to Surreply

40 DCT Order

Navajo Nation Doc: “Rural Matters — Coronavirus and the Navajo Nation”

From the New England Journal of Medicine, here.

HIGHLY RECOMMENDED.

NYTs Op-Ed on Navajo and COVID

From Wahleah Johns, “A Life on and Off the Navajo Nation: The reservation has one of the country’s highest rates of infection.”

Tribal Amicus Brief in California v. Texas [ACA Challenge in Supreme Court]

Here:

19-84019-1019tsacTribesAndTribalOrganizations

Op-Ed on Tribal Health Checkpoints in South Dakota

Here is “Alexander Mallory: Tribes have full legal authority to use checkpoints to safeguard health.”

Previous post here.

Morning Ireland: “Navajo Nation thanks Ireland for Covid 19 donations”

Here, featuring Navajo AG Doreen McPaul.

You can visit the Navajo donation page here nndoh.org/donate.html.

FB Page here: https://www.facebook.com/Navajo-Nation-Covid-19-Relief-Fund-105664894478899/

Original thank you video: https://www.facebook.com/105664894478899/videos/282938079772471/