National Indian Law Library Bulletin (2/21/2019)

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 2/21/19.

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
Texas v. Ysleta del Sur Pueblo  (Tribal Gaming – State Regulation)

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

  • The United States first climate change relocation: Recognition, relocation, and Indigenous rights at the Isle De Jean Charles. 
  • At the intersection of health and justice: How the health of American Indians and Alaska Natives is disproportionately affected by disparities in the criminal justice system.
  • Minding the gap: Improving parental involvement to bridge education gaps between American Indian and non-Indian students. 
  • Originalism and Indians. 
  • Droughts, floods, and scarcity on a climate-disrupted planet: Understanding the legal challenges and opportunities for groundwater sustainability. 

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
In the Culture and Tradition section, see an article about legislation to establish official native languages in the state of South Dakota.

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

  • S.948: A bill to provide for an independent outside audit of the Indian Health Service. 
  • S.506: A bill to support State, Tribal, and local efforts to remove access to firearms from individuals who are a danger to themselves or others pursuant to court orders for this purpose. 
  • S.524: A bill to establish the Department of Veterans Affairs Advisory Committee on Tribal and Indian Affairs, and for other purposes. 
  • H.R.1225: To establish, fund, and provide for the use of amounts in a National Park Service and Public Lands Legacy Restoration Fund to address the maintenance backlog of the National Park Service, United States Fish and Wildlife Service, Bureau of Land Management, and Bureau of Indian Education, and for other purposes. 
  • H.Res.139: Supporting goals and ideals of International Mother Language Day in bringing attention to the importance of preserving linguistic and cultural heritage through education.

Tribal Courts Bulletin
https://www.narf.org/nill/bulletins/tribal/2019.html
Kloker v. Fort Peck Tribes  (Hunting Regulation; Riparian Boundaries) 

Materials in In Re: $323,647.60 in Funds Belonging to the California Valley Miwok Tribe

Here are the materials in In Re: $323,647.60 in Funds Belonging to the California Valley Miwok Tribe (D. N.M.):

2 Complaint

8 Motion to Lift Stay

9-1 Motion to Transfer

11 Response to 8

12 Reply in Support of 8

13 Response to 9

15 Reply in Support of 9

17 DCt Order Denying Motion to Stay

19 DCT Order Granting Motion to Transfer

Salt Lake Tribune: “Split appears in San Juan as new Navajo-led County Commission moves to support an even bigger Bears Ears than Trump shrunk”

Here.

Federal Court Holds Individual Members of Tribal Corporate Board Can Be Sued under False Claims Act

Here are the materials in Cain v. Salish Kootenai College (D. Mont.):

110 SKC Motion to Certify

112 Individual Defendants MTD

115 Response to 110

116 Response to 112

117 Reply in Support of 110

118 Reply in Support of 112

121 DCT Order

UPDATE: 129 Amended DCT Order

Prior posts here and here.

GTB and Sault Tribe Join Opiate Litigation

Here is the complaint in In re National Prescription Opiate Litigation (N.D. Ohio):

GTB & Sault Tribe Complaint

Here is a recent list of tribes that have joined the litigation:

List of Tribes

High Country News Profile of Cougar Den Case

Here.

Recent Indian Law Scholarship Posted on SSRN

Here:

Native American Oral Evidence: Finding a New Hearsay Exception

Number of pages: 48 Posted: 17 Feb 2019
Working Paper Series
Boston University – School of Law

Human Rights, Indigenous Peoples, and the Global Climate Crisis

Wake Forest Law Review, Vol. 53, No. 713, 2018
Number of pages: 26 Posted: 14 Feb 2019
Accepted Paper Series
Texas Tech University School of Law

Originalism and Indians

Tulane Law Review, Vol. 93, No. 269, 2018
Number of pages: 69 Posted: 14 Feb 2019
Accepted Paper Series
Texas Tech University School of Law

At the Intersection of Health and Justice: How the Health of American Indians and Alaska Natives Is Disproportionately Affected by Disparities in the Criminal Justice System

Belmont Law Review, Vol. VI, p. 41 (2018), Belmont University College of Law Research Paper No. 2019-3
Number of pages: 37 Posted: 04 Feb 2019
Accepted Paper Series
Georgetown University – School of Nursing & Health Studies, O’Neill Institute for National and Global Health Law and Prometheus Federal Services

The United States First Climate Relocation: Recognition, Relocation, and Indigenous Rights at the Isle de Jean Charles

Belmont Law Review, Vol. 6, p. 1 (2018), Belmont University College of Law Research Paper No. 2019-2
Number of pages: 40 Posted: 04 Feb 2019
Accepted Paper Series
Southern University Law Center

Re-Enchanting the World: Indigenous Peoples’ Rights as Essential Parts of a Holistic Human Rights Regime

UCLA Journal of International Law and Foreign Affairs, Vol. 15, No. 239, 2012, St. Thomas University School of Law (Florida) Research Paper No. 2018-01
Number of pages: 50 Posted: 31 Jan 2019
Accepted Paper Series
St. Thomas University School of Law

Virginia’s First Slaves: American Indians

Number of pages: 24 Posted: 14 Jan 2019
Working Paper Series
Arizona State University (ASU) – Sandra Day O’Connor College of Law

Burt Lake & Interior Cross-Motions for Summary Judgment

Here are the materials in Burt Lake Band of Ottawa and Chippewa Indians v. Bernhardt (D.D.C.):

27-1 Burt Lake MSJ

30 DOI Cross Motion

32 Burt Lake Reply

34 US Reply

Prior posts here and here.

Federal Court Allows Pequots to Amend Complaint re: Improper Political Influence over Zinke in Gaming Compact Approval

Here are the new materials in State of Connecticut v. Dept. of Interior (D.D.C.):

60-1 Mashantucket Motion to File Amended Complaint

60-2 First Amended Complaint

62 Interior Opposition

63 MGM Opposition

65 Reply

66 Mashantucket Notice of Supplemental Authority

67 MGM Notice of Supplemental Authority

68 Interior Response to Notice

69 Plaintiffs Response to MGM Notice

70 Mashantucket Reply

72 DCT Order

Prior post here.

National Indian Law Library Bulletin (2/15/2019)

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 2/15/19.

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
First Interstate Bancsystem, INC. v. First Interstate Bank  (Official Tribal Government)
Swinomish Indian Tribal Community v. Army Corps of Engineers
 (Clean Water Act)

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

  • No Ordinary Lawsuit: The Public Trust and the Duty to Confront Climate Disruption—Commentary on Blumm and Wood. 
  • Climate change and the Arctic: Ideas for how the United States and Canada can protect their Arctic Indigenous peoples. 

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
In the Environment and Energy section, we feature an article about the Green New Deal and what it might mean for tribes.

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

  • H.R.1151: To allow veterans to use, possess, or transport medical marijuana and to discuss the use of medical marijuana with a physician of the Department of Veterans Affairs as authorized by a State or Indian Tribe, and for other purposes. 
  • H.R.1191: To amend section 520E of the Public Health Service Act to require States and their designees receiving grants for development and implementation of statewide suicide early intervention and prevention strategies to collaborate with each Federally recognized Indian tribe, tribal organization, urban Indian organization, and Native Hawaiian health care system in the state. 

Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2019.html
The update includes two Department of the Interior, Bureau of Indian Affairs, notices of land acquisitions for tribes.