National Indian Law Library Bulletin (10/24/2016)

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 10/24/16.

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2016-2017update.html
The Tribal Supreme Court Update Memoranda of September 21, 2016 is available
at the Tribal Supreme Court Project website.

Petition for Certiorari was filed in Patchak v. Jewell (Separation of Powers; Due Process) and R.P. v. LA County Department of Children and Family Services (Indian Child Welfare Act).

U.S. Courts of Appeals Bulletin
http://www.narf.org/nill/bulletins/cta/2016cta.html
Williams v. Poarch Band of Creek Indians (Age Discrimination)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Culture & Tradition section, we feature articles about Chief Wahoo, the Cleveland Indians baseball team mascot.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2016fr.html
We feature a notice of a model Indian juvenile code from the Bureau of Indian Affairs.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/114_uslegislation.html
One bill became law:
S.246: Alyce Spotted Bear and Walter Soboleff Commission on Native Children Act.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2016lr.html
Habitat protection and Native American treaty fishing in the Northwest.
Using vector space models to understand the circulation of habeas corpus in Hawai’i, 1852–92.
Native American use of eagle feathers under the Religious Freedom Restoration Act.

Indian Law Section Issue in the Idaho (State Bar) Advocate

Here.

Articles on Dollar General, self-determination, marijuana, and others.

News Profile of Mni Wiconi Rural Water Supply System

Here is “Pipeline protesters say they are fighting to protect clean water for 200,000 South Dakotans.”

In These Times: “The Police Killings No One Is Talking About”

Here.

Washington Court Registers Judgment against Nooksack Police Chief under State Uniform Enforcement of Foreign Judgments Act

Here are the materials in In re Gabriel Galanda v. Nooksack Tribal Court (Wash. Super. Ct. — Whatcom County):

Bree Blackhorse Declaration

Rory Lee Gilliland Declaration

Betty Leathers Letter

Whatcom County Superior Court Minute Order

Tenth Circuit Briefs in Navajo Nation Challenge to State Court Jurisdiction over Personal Injury Suits at Tribal Casino

Here are the briefs in Navajo Nation v. Dalley:

Navajo Opening Brief

Pueblo of Santa Ana Amicus Brief

Lower court materials here.

Oglala Sioux Veteran Shot by Vegas Police

Here.

Final Commentary on TNToT: “Repeating the Mistakes of the Past in “The New Trail of Tears””

The final commentary on TNToT was published in the LA Review of Books

An excerpt:

Riley’s real interest is to bring unfettered free markets and “property rights” to Indian country. She suggests the disestablishment of tribal land holdings as the solution to imaginary corruption, as well as to all the other problems in Indian country. In other words, corruption and mismanagement starts with sovereignty and collective property, so if we get rid of both Indians will be better off. Unsurprisingly, Riley hearkens back to the allotment policies enshrined under the Dawes Act, a federal program in the 19th century that mandated the confiscation of Indian reservations by the federal government, followed by the liquidation of those assets at pennies on the dollar of their market value and their public sale to non-Indians on the cheap. It was a state-sponsored land grab of unprecedented proportions with negative effects on Indians still felt to this day. What an odd model for a property rights advocate! Allotment meant the dispossession of 100 million acres of Indian lands from 1887–1934 and economic devastation from which most tribes have not, and maybe cannot, recover. The depredations of the Dawes Act are a major reason why federal law and policy was reoriented to protect tribal lands and sovereignty, yet Riley’s ahistorical analysis ignores all of this.

News Profile of BIA Letter to Nooksack

Here is “Nooksack Tribe’s actions not recognized by feds in ‘exceedingly rare’ case.

Nooksack Update (Post BIA Letter Developments)

Here is a pleading before the Nooksack Court of Appeals (NICS) in Belmont v. Kelly:

belmont-v-kelly-etc-brief-re-state-of-nooksack-tribal-judiciary-and-emergency-motion-for-misc-relief

And here is an order from the Nooksack Supreme Court (holdover council) in In re Orders Entered by Nooksack Tribal Court of Appeals:

in-re-orders-entered-by-nooksack-tribal-court-of-appeals-mandate-and-order-vacating-tribal-court-of-appeals-orders-as-void