Here:
Winter 2015, Volume 76, Issue 1
Author: Matthew L.M. Fletcher
Federal Bankruptcy Court Holds Bankruptcy Act Abrogated Tribal (and Section 17 Corporate) Immunity
Here are the materials in In re Womelsdorf (D. Or. Bkrtcy.):
Federal Court Declines to Block Solar Project affecting CRIT Sacred Sites
Here are the materials in Colorado River Indian Tribes v. Dept. of Interior (C.D. Cal.):
We posted the complaint here.
North Dakota SCT Reprimands Former Oglala Sioux Tribal Counsel for Making False Statement about Tribal Judge
Here.
NYTs Op/Ed by Thomas King: “No Justice for Canada’s First Peoples”
Ninth Circuit Materials Navajo Nation NAGPRA Dispute with Federal Government
Here are the briefs in Navajo Nation v. Dept. of Interior:
Oral argument video and audio.
CA9 opinion here. Opinion after settlement here.
District court materials:
An excerpt:
This action stems from the long-standing desire of the plaintiff, the Navajo Nation, to obtain the immediate repatriation of 303 sets of human remains and other associated cultural objects removed by the National Park Service (“NPS”) from the Canyon de Chelly National Monument (“the Monument”), which is a unit of the NPS located within the exterior boundaries of the Navajo Reservation; the human remains and cultural objects at issue are currently being held by the NPS at its Western Archeology Conservation Center in Tucson, Arizona.
Press Release on Labor Relations Panel on June 18, 2015
On Thursday, June 18, 2015, at the annual RES D.C. Conference hosted by NCAIED, Geoff Hash of the law firm Rosette, LLP will moderate a panel to discuss the important issue of the National Labor Relations Board’s unlawful attack on tribal sovereignty as well as a congressional fix for the same. The panel will include representatives from the Chickasaw Nation, the Little River Band of Ottawa Indians, and the Saginaw Chippewa Indian Tribe of Michigan. Congressman Todd Rokita (R-IN), sponsor of the Tribal Labor Sovereignty Act, H.R. 511, will be making introductory remarks.
Regulation of labor is a vitally important aspect of tribal sovereignty. To that end, many tribes have exercised their inherent sovereignty and have enacted comprehensive ordinances addressing a wide variety of issues, such as minimum wage, family and medical leave, and collective bargaining.
Although Congress has empowered the NLRB to bring legal action against private enterprises, it has never given the NLRB jurisdiction over tribes or tribal enterprises. Nonetheless, in 2004, the NLRB began asserting jurisdiction over tribal labor practices. This has created a patchwork of uncertainty and a dilution of sovereignty, as demonstrated by the outcome of the cases mentioned below.
Congress – at the urging of many tribes – is now considering the Tribal Labor Sovereignty Act, which clarifies that the NLRB has no jurisdiction over tribal enterprises located on tribal land. The Senate version of the proposed law has just been approved by the Committee on Indian Affairs and is headed to the floor for a final vote. The House version is scheduled to be discussed at a hearing before the Education and Workforce Committee on June 16, 2015.
This panel could not be timelier given very recent events, including the congressional movement, the decision issued by the 6th Circuit in NLRB v. Little River Band of Ottawa Indians (here), the NLRB decision in the case involving the Chickasaw Nation (here), and similar ongoing litigation involving others.
The panel will discuss these issues and explain why they are so critically important to tribal economic development. We encourage you to register for the RES Conference and attend in person. Registration is available at http://res.ncaied.org/res-dc-2015-registration/. Those interested may also contact Geoff Hash, Rosette, LLP, at (916) 353-1084 or ghash@rosettelaw.com for more information, or visit http://www.NativeEdge.com to review an archived video of the panel discussion and related materials.
Date: June 18, 2015
Time: 8:45 am
Location: Omni Shoreham Hotel, 2500 Calvert
National Native American Boarding School Healing Coalition Job Posting
Here:
The National Native American Boarding School Healing Coalition (“NABS”) is seeking a contractor to serve as Executive Officer for the nonprofit organization. The Executive Officer is responsible for the overall operation of NABS including implementation of programs, policies, procedures, funding, and fiscal management. The Executive Officer reports to and is responsible to the NABS Board of Directors. Initially, the successful candidate will work closely with staff from the Native American Rights Fund in Boulder, Colorado.
Eighth Circuit Affirms Dismissal of Two Shields v. Wilkinson
Here is the opinion:
An excerpt:
Appellants Ramona Two Shields and Mary Louise Defender Wilson are Indians with interests in land allotted to them by the United States under the Dawes Act of 1887. Such land is held in trust by the government, but may be leased by allottees. Two Shields and Defender Wilson leased oil and gas mining rights on their allotments to appellee companies and affiliated individuals who won a sealed bid auction conducted by the Board of Indian Affairs (BIA) in 2007. Subsequent to the auction, appellants agreed to terms with the winning bidders, the BIA approved the leases, and appellees sold them for a large profit. Appellants later filed this putative class action in the District of North Dakota, claiming that the United States had breached its fiduciary duty by approving the leases for the oil and gas mining rights, and that the defendant bidders aided, abetted, and induced the United States to breach that duty. The district court concluded that the United States was a required party which could not be joined, but without which the action could not proceed in equity and good conscience, and dismissed the case. Appellants challenge that dismissal. For the reasons stated below, we affirm.
Briefs here.
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