Sixth Circuit Vacates Bay Mills Gaming Case

Here are the materials in Bay Mills Indian Community v. Whitmer:

ca6-opinion.pdf

bmic-opening-brief.pdf

michigan-brief.pdf

reply-2.pdf

Lower court materials here.

SCOTUS Grants Cert in McGirt v. Oklahoma [Creek Reservation Boundaries Criminal Appeal]

Here are the cert stage materials in McGirt v. Oklahoma:

mcgirt-cert-petition.pdf

appendix.pdf

oklahoma-brief-in-opposition.pdf

Friday’s order list here.

News coverage here and here.

Ninth Circuit Materials in United States v. Many White Horses

Here are briefs:

Opening Brief

US Answer Brief

Reply

Oral argument video:

 

Federal Investigation of Hostile Educational Environment at Paw Paw MI Schools Begins

Here is news coverage.

Here is the ACLU complaint filed with the Department of Education in January 2018.

Ninth Circuit Reverses Dismissal of Yurok Fishing Dispute with Resighini Rancheria Member

Here is the unpublished opinion in Yurok Tribe v. Resighini Rancheria.

Briefs here.

Ninth Circuit Affirms Dismissal of Challenge to Jamul Casino

Here is the unpublished opinion in Rosales v. Dutschke.

Briefs here.

Pokagon Band Potawatomi Tribal Court Open House

Chief Judge Mike Petoskey

Chief Judge Mike Petoskey and Chairman Matt Wesaw

Steve Rambeaux and the indoor peacemaking fire pit

MF with former Pokagon chairman John Warren
MF with Andi Jackson and Clarence White

Kansas SCT Disciplines Kansas Kickapoo Tribe’s Public Defender

Here is the order:

opinion.pdf

Sarah Deer and Elizabeth Kronk Warner on Trump, Indian Country, Sexual Assault, and Extractive Industries

Sarah Deer and Elizabeth Ann Kronk Warner have posted “Raping Indian Country” on SSRN. Here is the abstract:

In this article, we have examined the policies of the Trump Administration as they relate to extractive development on and near Indian country, and policies related to the protection of Native people from rape and sexual assault. As demonstrated above, the Administration’s policies are likely to increase both the environmental and physical vulnerabilities of Native people. Native people will not only likely face exasperated physical insecurity, but their environments will likely be increasingly stripped on natural resources. As a result, the raping of Indian county continues. But, this article is not without hope. At least two ways forward, improvements upon the status quo exist. Tribal governments possess the requisite capacity to address the environmental and criminal challenges presented here. Further, changes to federal law, such as the Oliphant fix suggested above, provide meaningful opportunities for change. The rape of Indian country envisioned in this article is not a foregone conclusion; together change can protect our land and bodies.

Highly recommended.

Robert Anderson on the Katie John Litigation

Robert T. Anderson has published “The Katie John Litigation: A Continuing Search for Alaska Native Fishing Rights After ANCSA” in the Arizona State Law Journal (PDF).

Highly recommended!!!!