Federal Court Dismisses Sand Creek Massacre Trust Accounting Claims

Here is the order in Flute v. United States (D. Colo.):

36 DCT Order

An excerpt:

In the absence of an enforceable trust, 25 U.S.C. §§ 162a(d) and 4044 do not impose a legally required duty necessary to establish a waiver of sovereign immunity under the APA. See Norton, 542 U.S. at 63–64. Furthermore, plaintiffs’ claims do not concern “losses to or mismanagement of trust funds” and thus do not fall within the 2009 DOI Appropriations Act. See Pub.L. No. 111–88, 123 Stat. at 2922. Finding that the United States has not waived sovereign immunity for this suit, the Court concludes that it lacks jurisdiction over plaintiffs’ claims and must dismiss them without prejudice. See Brereton v. Bountiful City Corp., 434 F.3d 1213, 1216 (10th Cir.2006) ( “[W]here the district court dismisses an action for lack of jurisdiction … the dismissal must be without prejudice.”).

Briefs here. Other materials here.

 

Federal Court Holds that Federal Indian Country Leasing Regs Preempt State Rental and Utility Taxes

Here are the materials in Seminole Tribe of Florida v. State of Florida (S.D. Fla.):

59 Seminole Motion for Summary J

61 Florida Motion for Summary J

66 Florida Response

68 Seminole Response

70 Florida Reply

71 Seminole Reply

84 DCT Order

An excerpt:

The Seminole Tribe of Florida filed this lawsuit challenging the imposition of two Florida taxes: the Rental Tax and the Utility Tax. After considering the extensive briefing by the parties, as well as hearing oral argument from each side, the Court finds that Federal law prohibits both taxes from being imposed.

Electoral Tribunal de Mexico

I’m presenting on Native voting and political rights before the Mexican electoral tribunal. My paper is here.

The Tribunal building

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Anthropology museum

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The other American presenters

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I can’t read it very well but it seems as though the tribunal is using UNDRIP to interpret and apply Indigenous law in tribal elections.

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WaPo: “Interior secretary: It’s ‘surprising’ Redskins name not changed, but it’s not top priority for tribal leaders”

Here.

Dollar General v. Mississippi Choctaw Cert Petition on SCOTUSBlog Watch List

Here.

I wondered when I learned that Tom Goldstein is co-counsel for the petitioners when this petition would end up as a SCOTUSblog “Petition of the Day.” As might be well known to TT readers, SCOTUSblog is the best daily source of news on the Supreme Court. But it is also (or was) a tool for Mr. Goldstein to drum up business. The blog recently make some headlines in its effort to acquire/obtain/earn a Supreme Court press credential, and was denied. Mr. Goldstein’s passionate and sophisticated response is well worth the read. As a question of journalism, I strongly support SCOTUSBlog’s efforts. It doesn’t bother me that SCOTUSblog-as-client development tool might somehow affect SCOTUSblog-as-journalist.

For what appears to be the first time, Mr. Goldstein is representing a Supreme Court petitioner against tribal interests, and so to the extent that it means anything at all, the tribal interests here are adversely affected by the SCOTUSblog-as-journalism outlet and SCOTUSBlog-as-Supreme Court advocate dynamic. There’s not enough information before me to make a conclusion as to whether that dynamic will affect the Court’s certiorari decision at the long conference here in a few weeks.

Here is a list of TT posts recognizing an Indian law “Petition to Watch” as identified by SCOTUSblog (grants are in red): Continue reading →

NARF Press Release: REDSKINS GROUP INFRINGES ON NARF TRADEMARK

REDSKINS GROUP INFRINGES ON NARF TRADEMARK

It has recently come to the attention of the Native American Rights Fund, also known as NARF, that a group variously calling itself “Native American Redskins Fans” and “Native American Redskins Family” is improperly holding itself out as “NARF,” in support of the continued use of the racially derogatory name used by the Washington D.C. National Football League franchise, and against which NARF has long battled.

This cynical use of NARF’s trademark has caused confusion both inside and outside of Indian Country, and NARF would like to set the record straight: NARF does not advocate, nor has it ever advocated, for the use of the name used by the Washington NFL football team.

For over twenty years, NARF has publicly denounced use of the name, supporting and participating directly in various legislative and litigation efforts to put an end to use of this offensive name. “Race-based stereotyping and behaviors in sports persist today,” said John Echohawk, NARF’s Executive Director, “including, in particular, the racially derogatory name of the ‘Washington Redskins’ professional football organization. NARF has long worked, and will continue to work, to put an end to this racial slur masquerading as a team name.”

Having been publicly known as NARF for over 40 years, NARF’s superior legal rights to use its name and trademarks (and to exclude others from doing so) cannot be questioned, and NARF will use all means available to protect its name from misappropriation by others. Legal counsel representing NARF have sent cease-and-desist letters demanding a halt to this infringement on a website misappropriating its “NARF” trademark, and reserving NARF’s rights to take legal action.

Founded in 1970, the Native American Rights Fund is the national Indian legal defense fund dedicated to asserting and defending the rights of Indian tribes, organizations and individuals nationwide. NARF’s legal advocacy is concentrated in five priority areas: the preservation of tribal existence; the protection of tribal natural resources; the promotion of Native American human rights; the accountability of governments to Native Americans; and the development of Indian law and educating the public about Indian rights, laws, and issues. See our website — http://www.narf.org.

IHS Director Hosts All Tribes Call TODAY

IHS Director Hosts All Tribes Call TODAY

Dr. Yvette Roubideaux, Acting Director for the Indian Health Service (IHS), will host a call to provide updates about Contract Support Costs today, Thursday, September 4, from 3:00PM – 4:00PM (EST). Please see the call in information below:

Date: September 4, 2014
Time: 3:00 p.m. – 4:00 p.m. (EST)
Phone: 1-877-709-5343
Passcode: 6248121

IHS sent a letter to Tribal leaders on Tuesday, September 2, 2014, providing a written update for Fiscal Year 2014 Contract Support Costs. You can review it here. [Update: IHS to Moran 08-29-2014 IHS Contract Support FY14 Reprogramming Package]

Note: This call is off the record and not for press purposes. Please dial in 5-10 minutes early to help avoid any delays in joining the call.

Continue reading →

ICRA Suit against Makah Tribe Dismissed by Federal Court

Here are the materials in Chamblin v. Greene (W.D. Wash.):

5 Motion to Dismiss

6 Response

8 Reply

9 DCT Order

Alaska Natives Win Major Voting Rights Case

Here is the press release:

Toyukak Press Release

We posted some materials from this case, Toyukak v. Treadwell (D. Alaska), here.