SCOTUS Denies Cert in St. Regis Mohawk v. Mylan

Here is today’s order list.

Cert stage materials in that case are here.

Fletcher Testimony on the RESPECT Act before the House Indigenous Peoples Subcommittee

Worth a look, most especially for Dylan Minor’s excellent artistic rendering of the treaty cessions by Michigan Indian nations (skip ahead to page 15); available on SSRN here.

It was cherry blossom time, too!

And on the way over, we happened by the Japanese Internment Memorial, noting that the federal government placed many of the concentration camps on Indian reservations: Continue reading

Federal Circuit Decides Cloud v. US [Pro Se Indian Tucker Act Claim]

Here is the unpublished opinion in Cloud v. United States.

Briefs:

cloud-brief.pdf

federal-brief.pdf

Allergan & St. Regis Mohawk Cert Petition on “Blocking Patent” Doctrine

Here is the petition in Allergan Inc. v. Teva Pharmaceuticals USA Inc.:

Allergan & SRMT Cert Petition

Questions presented:

Whether the Federal Circuit erred in this case, as it did in Acorda Therapeutics, Inc. v. Roxanne Laboratories, Inc., 903 F.3d 1310 (Fed. Cir. 2018), in holding that objective indicia of non-obviousness may be partially or entirely discounted where the development of the invention was allegedly “blocked” by the existence of a prior patent, and, if so, further erred by making an implicit finding that an invention was “blocked,” without requiring evidence of or making a finding of actual blocking, and in the face of evidence to the contrary.

 

Agency Cert Opposition Brief in Casino Pauma v. NLRB

Here:

nlrb-bio-3.pdf

Cert petition here.

Fed Bar 2019 Day 2 Panels

Sarah Crawford, Lauren King, Pratik Shah, Ian Gershengorn
Kristin Ballinger, Adam Charnes, Maryanne Mohan
Daron Carreiro, Ryan Munitz, Mary Kathryn Nagle, Ann Tweedy

National Indian Law Library Bulletin (4/11/2019)

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 4/11/19.

U.S. Supreme Court Bulletin 
http://www.narf.org/nill/bulletins/sct/2018-2019update.html
Petitions for certiorari were filed recently in these cases: 
Havasupai Tribe v. Provencio, et al. (Federal Consultation with Tribes) 
Comanche Nation of Oklahoma v. Zinke (Land into Trust; Jurisdiction) 

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
Employers Mutual Casualty Company v. Ethel B Branch  (Jurisdiction)
Pueblo of Isleta v. Michelle Lujan Grisham  (Gaming – Revenue Sharing)
Brisbois v. Tulalip Tribal Court  (Indian Civil Rights Act; Writ of Habeas Corpus)

Tribal Courts Bulletin
http://www.narf.org/nill/bulletins/tribal/2019.html
Louis-Williams v. Colville Confederated Tribes  (Tribal Government – Expulsion)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2019.html
In Matter of Dupree M
. (Indian Child Welfare Act – Transfer to Tribal Court)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article) 
https://www.narf.org/nill/bulletins/lawreviews/2019.html

  • Ensuring Natives count: Overcoming the 2020 census challenge. 
  • Environmental Justice in Indian Country. 
  • First steps: One tribe’s domestic violence criminal jurisdiction experience. 
  • ICWA in a world with assisted reproductive technology. 
  • Leaving the office ethically. 
  • The year of the Native voter. 
  • Tribal utility development energy development and services on tribal land. 
  • In memory of Rodney Blaine Lewis.
  • Stolen or lawful? A case review of an Indian tribe’s claim to aboriginal land in California. 
  • Strange bedfellows: Native American tribes, big pharma, and the legitimacy of their alliance.
  • Rethinking administrative advocacy: A step-by-step approach from former government insiders. 
  • Tribes and cannabis: Reaching new highs in the burgeoning cannabis marketplace. 
  • The Violence Against Women Act of 2018: A step in the right direction for Indian children and Federal Indian law. 
  • Pipeline to tribal sovereignty: Celebrating the Pre-Law Summer Institute’s 50th class. 
  • Decolonizing shipwrecks through considerations of indigeneity in underwater cultural property decisions.
  • The Trump administration and lessons not learned from prior national monument modifications. 
  • Original Nation Approaches to “International Law” (ONAIL): Decoupling of the nation and the state and the search for new legal orders. 
  • IP rights and Indigenous rights: between commercialization and humanization of traditional knowledge. 
  • Beyond transnational advocacy: Lessons from engagement of Myanmar Indigenous peoples with the UN Human Rights Council Universal Periodic Review.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
In the Land & Water section, we feature articles about consideration from Congress on tribal water rights issues. 

U.S. Legislation Bulletin 
https://www.narf.org/nill/bulletins/legislation/116_uslegislation.html
The following bills were added: 

  • S.982: A bill to increase intergovernmental coordination to identify and combat violent crime within Indian lands of Indians. 
  • S.1079: A bill to provide for the withdrawal and protection of certain Federal land in the State of New Mexico. 
  • H.R.2031: To amend the Indian Self-Determination and Education Assistance Act to provide further self-governance by Indian Tribes, and for other purposes. 
  • S.954: A bill to provide grants to State, local, territorial, and Tribal law enforcement agencies to purchase chemical screening devices and train personnel to use chemical screening devices in order to enhance law enforcement efficiency and protect law enforcement officers. 
  • H.R.2128: To amend part A of title IV of the Social Security Act to clarify the authority of tribal governments in regard to the Temporary Assistance for Needy Families program.
  • H.R.2156: To amend the Surface Mining Control and Reclamation Act of 1977 to provide funds to States and Indian tribes for the purpose of promoting economic revitalization, diversification, and development in economically distressed communities through the reclamation and restoration of land and water resources adversely affected by coal mining carried out before August 3, 1977, and for other purposes. 
  • S.Res.144: A resolution designating May 5, 2019, as the “National Day of Awareness for Missing and Murdered Native American Women and Girls”. 
  • S.1001: A bill to amend the Indian Health Care Improvement Act to allow the Indian Health Service to cover the cost of a copayment of and Indian or Alaska Native veteran receiving medical care or services from the Department of Veterans Affairs, and for other purposes.
  • H.R.2029: To direct the Comptroller General of the United States to submit a report on the response of law enforcement agencies to reports of missing or murdered Indians. 

Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2019.html
We feature regulations of the Department of Commerce, National Oceanic and Atmospheric Administration, on taking of marine mammals.

Fed Bar 2019 Day 1 Panels

Jacqueline De Leon, Nicole Willis, Josh Clause
Judge Bob Miller, Judge Sunshine Sykes, Judge Abby Abinanti, Judge Mark Montour, Karla General
Trent Crable, Mathew Harrington, Riyaz Kanji, Colette Routel
Trent Crable, Sheldon Spotted Elk, JoAnn Kintz, Kate Fort, John Tahsuda

Arizona Tribes Sue Army Corps over Mine Approval on Santa Rita Mountains

Here is the complaint in Tohono O’odham Nation v. Helmlinger (D. Ariz.):

1-complaint-6.pdf