Paul Spruhan has posted “Guardians of Tribal Tradition: Litigation in the Navajo Nation” in Litigation, The Journal of ABA Section of Litigation.
Author: Matthew L.M. Fletcher
New Indian Law Scholarship
From SSRN:
American Colonialism and Constitutional Redemption
California Law Review, Vol. 105, Forthcoming, UC Irvine School of Law Research Paper No. 2017-33
Seth Davis
University of California, Irvine School of Law
Indian Sovereignty, General Federal Laws, and the Canons of Construction: An Overview and Update
Thomas Jefferson School of Law Research Paper No. 2987620
Bryan H. Wildenthal
Thomas Jefferson School of Law
Indigenizing Equality
Yale Law & Policy Review, Vol. 35, No. 2, 2017
M. Alexander Pearl and Kyle C. Velte
Texas Tech University School of Law and Texas Tech University School of Law
From Bepress:
Budding Conflicts: Marijuana’s Impact On Unsettled Questions Of Tribal-State Relations,
Denying Disgorgement: The Supreme Court’S Refusal To Grant The Crow Tribe Relief,
IBIA Orders Nooksack to Show Cause in Second IHS Reassumption Appeal
Here are the materials in Nooksack Indian Tribe v. Director, Portland Area, Indian Health Service:
6-26-17 Nooksack v. IHS (IBIA) Notice of Appeal
6-26-17 Nooksack v. IHS (IBIA) Declaration of Charity Bernard
Hackford v. Utah Cert Petition (Ute Reservation Boundaries)
Here:
Questions presented:
1. Whether the Acts of Congress, authorizing the President to set apart and reserve any reservoir site or other lands necessary to conserve and protect the water supply for the Indians or for general agricultural development, diminished the Uintah and Ouray Reservation.
2. Whether as used in 18 U.S.C. § 1151(a), the term “Indian Country” includes the National Forest land, and the right of way running through the National Forest lands where the alleged criminal conduct occurred, for purpose of federal criminal jurisdiction.
Lower court materials here.
News Profile of Michigan Online Gambling Bill + Tribal Opposition
Here.
“Tribal Justice” Doc to be Shown in PBS’s POV in August
Here.
National Indian Law Library Bulletin (7/10/2017)
Here:
The National Indian Law Library added new content to the Indian Law Bulletins on 7/10/17.
U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2016-2017update.html
Petition was filed in Cougar Den, Inc. v. Washington State Department of Licensing (Taxation; Treaty Rights) on 6/14/17. Petition was denied in City of Myton, Utah v. Ute Indian Tribe of the Uintah and Ouray Reservation (Indian Country Jurisdiction) on 7/3/17.
U.S. Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2017.html
Penobscot Nation v. Mills (Maine Implementing Act; Maine Indian Claims Settlement Act; Hunting and Fishing Rights)
Window Rock Unified School District v. Reeves (Employment Law; Exhaustion of Tribal Court Remedies)
State of Kansas v. Zinke (Reviewable Final Agency Action; Gaming)
Clema v. Colombe (Tribal Police Officer – Immunity)
Begnoche v. D.L. Derose (Religious Rights – Prisoners)
Keweenaw Bay Indian Community v. Khouri (State Taxation – Tobacco)
Wilson v. Umpqua Indian Development Corporation (Tribal Sovereign Immunity; Tort Claims)
Tribal Courts Bulletin
http://www.narf.org/nill/bulletins/tribal/2017.html
Stone v. Colville Business Council (Tribal Sovereign Immunity)
News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
We feature more than thirty stories. One of them, in the Tribal Jurisdiction section, relates to a Ninth Circuit Court of Appeals ruling that opens up tribal jurisdiction over public schools.
Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2017.html
The following articles were added:
Unclouding Arizona’s water future.
Bio-prospecting in the Arctic: An overview of the interaction between the rights of indigenous peoples and access and benefit sharing.
Denying disgorgement: The Supreme Court’s refusal to grant the Crow Tribe relief.
Integrating Indigenous rights into multilateral environmental agreements: The International Whaling Commission and aboriginal subsistence whaling.
Fracking in the Badlands: Can levying a carbon tax against oil and gas companies help Native American tribes raise revenue while preserving cherished tribal lands?
The Native American struggle between economic growth and cultural, religious, and environmental protection: A corporate solution.
The Violence Against Women Act: A double-edged sword for Native Americans, their rights, and their hopes of regaining cultural independence.
Environmental justice: A necessary lens to effectively view environmental threats to indigenous survival.
Back to the negotiating table: Designing a Tribal-State compact for Alabama.
Indian treaty fishing rights and the environment: Affirming the right to habitat protection and restoration.
U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
The following bills were added:
H.R.3138: To amend the Internal Revenue Code of 1986 to treat Indian tribal governments in the same manner as State governments for certain Federal tax purposes, and for other purposes.
H.R.3147: To amend the PROTECT Act to make Indian tribes eligible for AMBER Alert grants.
H.R.3096: To implement a mandatory random drug testing program for certain employees of the Indian Health Service, and for other purposes.
S.1491: A bill to amend the Alaska Native Claims Settlement Act with respect to the Native Villages of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, Alaska, and for other purposes.
S.1492: A bill to establish a Regional Corporation for Natives who are non-residents of Alaska, and for other purposes.
S.1400: A bill to amend title 18, United States Code, to enhance protections of Native American tangible cultural heritage, and for other purposes.
H.R.2987: 21st Century Conservation Service Corps Act of 2017 (See SEC. 203 6, 12, 13).
Tribal Comments on Bears Ears Monument
Ninth Circuit Affirms Qualified Immunity for BIA Officers Who Arrested Non-Indian Pursuant to Tribal Court Bench Warrant
Here is the unpublished memorandum in Roberts v. Elliott (In re Roberts Litigation).
An excerpt:
The Supreme Court has not addressed the interaction between Oliphant’s rejection of inherent criminal jurisdiction over non-Indians and a non-Indian’s ability to waive the question of personal jurisdiction before the tribal court in criminal matters. The extent to which a non-Indian may consent to tribal jurisdiction is not settled law. Smith v. Salish Kootenai Coll., 434 F.3d 1127, 1136–40 (9th Cir. 2006) (en banc) (discussing non-tribal member consent to jurisdiction in civil suits).
Briefs:
ICRA Habeas Claim Arising from Bishop Paiute Reservation Intra-tribal Property Dispute Dismissed
Here are the materials in Napoles v. Rogers (E.D. Cal.):
20-1 Tribal Judge Motion to Dismiss
An excerpt:
At the core of this case is an intra-tribal dispute regarding the ownership of certain parcels of land on the Bishop Paiute reservation located in eastern California. The amended petition alleges petitioners were unlawfully detained by respondents when they were denied access to their family land and were cited for trespass when attempting to enter the disputed land. Petitioners are all descendants of Ida Warlie, who purportedly received an assignment of eleven lots on the Bishop Paiute reservation in 1941, in exchange for relinquishing possession of other land in Inyo County. These lots were purportedly then assigned to her descendants, petitioners here, following her death. According to petitioners, a land assignment ordinance enacted by the members of the Bishop, Big Pine, and Lone Pine Reservations in 1962 validated all prior land assignments, including Ms. Warlie’s. This ordinance was enacted by the Owens Valley Board of Trustees, which governs a number of tribes now living in the Owens Valley of California, including those on the Bishop Paiute reservation.
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