Litigation Update on Cases Addressing the “Under Federal Jurisdiction” Requirement of the Indian Reorganization Act (Plus Other Things)

Here.

Prepared for the FBA’s DC Indian Law Conference this Friday!

National Indian Law Library Bulletin (10/26/2017)

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 10/26/17.

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Intergovernmental section, we feature an article about the Alaska Attorney General’s opinion upholding tribal sovereignty for Alaska tribes and native villages.

U.S. Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2017.html
Makah Indian Tribe v. Quileute Indian Tribe (Fishing Rights – Whaling & Sealing)
Oneida Nation v. Village of Hobart, Wisconsin (Jurisdiction)
Amerind Risk Management Corporation v. Blackfeet Housing (Tribal Sovereign Immunity)

Tribal Courts Bulletin
http://www.narf.org/nill/bulletins/tribal/2017.html
Pablo v. Ak-Chin Indian Community (Same-Sex Marriage)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2017.html
Paquin v. City of St. Ignace (Employment; Elections)
In the Interest of C.A. (Indian Child Welfare Act – Application)
Becerra v. Rose (Taxation – Tobacco)

U.S. Regulatory Bulletin   
http://www.narf.org/nill/bulletins/regulatory/2017.html
The Bureau of Indian Affairs, Bureau of Indian Education, asks for feedback on a proposed strategic plan.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
The following bills were added:
S.1986: A bill to amend the Indian Civil Rights Act of 1968 to extend the jurisdiction of tribal courts to cover crimes involving sexual violence, and for other purposes.
H.R.4114: Environmental Justice Act of 2017.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2017.html
We feature this article:
The global protection of traditional knowledge: Searching for the minimum consensus.

Ninth Circuit Materials in Nisqually Indian Tribe v. Squaxin Island Indian Tribe

Here (aka United States v. Washington subproceeding 14-2):

Nisqually Opening Brief

Lower court materials here.

Eleventh Circuit Materials in Asker v. Seminole Tribe

Here:

Asker Opening Brief

Seminole Motion for Sanctions

Seminole Response Brief

Reply

Lower court materials here.

NPR: “Canada’s Trans Mountain Pipeline Expansion Faces Opposition”

Here.

Materials (so far) in BP America v. Yerington Paiute Tribe

Here:

2 Motion for PI

26 Tribal Judge Motion to Dismiss

27 Tribe Motion to Dismiss

28-1 Tribal Court Motion to Dismiss

MSU ILPC versus TICA Board!!!!

TICA 2017
Fletcher, Singel, Fort, Shayne Machen, Peter Ortego, Malena Pinkham, Doreen McPaul, Sarah Lawson, James Washinawatok II, and Michael Oeser

Arizona State CLE — Cultures Under Water: Climate Impacts on Tribal Cultural Heritage (UPDATED)

Climate Change web header

Wednesday, December 6* – Friday, December 8, 2017
Memorial Union • Ventana Ballroom
1290 S. Normal Ave., Tempe, AZ 85287
ASU Tempe campus

Extreme weather and climate events have increased over the past 50 years and Indigenous peoples are among the most vulnerable to the adverse effects because they are often inextricably tied to their land. As a result, climate change not only threatens the landscape, but also cultural identity. Indigenous peoples have used traditional knowledge to mitigate climate disruptions and to adapt to the changing environment. However, policy discussions have failed to adequately address climate impacts on cultural heritage, and the rapid rate of climate disruptions continues to threaten indigenous cultures and communities with alarming speed. This conference will build on the discussions of climate change, adaptation, and traditional knowledge by focusing specifically on climate impacts on tribal cultural heritage.

We will bring together tribal leadership and members, scientists, scholars, attorneys and activists to discuss climate change threats and challenges faced by indigenous communities. The goal is to share knowledge and resources with tribal representatives to respond to threats to cultural heritage by addressing: Is cultural heritage a human right, and why is tribal cultural heritage important? How does climate change impact tribal cultural heritage? How can tribal communities maintain cultural heritage in the face of changing climate risks? Attendees will participate in sessions that focus on identifying obstacles and proposing solutions to these challenges.

*Note: December 6 is evening only and will feature Before The Flood by Fisher Stevens. This film features Leonardo DiCaprio with contributions by many scientists and researchers from around the world, who meet and discuss the reality of climate change in various locations on five continents as they witness climate change firsthand.
On the evening of December 7, there will be a staged reading of nationally acclaimed playwright Mary Kathryn Nagle ’s play, Fairly Traceable. This play tells the story of two young attorneys – one a citizen of the Ponca Tribe of Oklahoma, the other a citizen of the Pointe-au-Chien Indian Tribe in southern Louisiana – who are both fighting to save their Tribal Nations and families from climate change.

• State Bar of Arizona does not approve CLE activities, however, this activity may qualify for approximately 7 credit hours, plus 1.5 credit hours for the Fairly Traceable play. Total of 8.5 credit hours.

Register at: law.asu.edu/climateimpacts
Non-Attorney – $25
Attorney CLE Early Bird (until 10/30) – $150
Attorney CLE Standard – $200
Questions? Contact Jennifer Williams at jennifer.h.williams@asu.edu or 480-727-0420

Brochure here: Climate Impacts 102617

 

New Scholarship Proposing a National Tribally Owned Lien Filing System to Support Access to Capital in Indian Country

William H. HenningSusan M Woodrow and Marek Dubovec have posted their paper, “A Proposal for a National Tribally Owned Lien Filing System to Support Access to Capital in Indian Country,” forthcoming in the Wyoming Law Review.