Arthur Lazarus Jr. Has Died

Obituary here.

Split Eighth Circuit Panel Affirms Constitutionality of North Dakota Election Law Designed to Dilute the Indian Country Vote

Here is the opinion in Brakebill v. Jaeger.

Materials and other coverage here.

Federal Court Declines Jurisdiction over Nisqually Officials under Ex parte Young

Here are the new materials in Bell v. City of Lacey (W.D. Wash.):

53-bell-response-to-tribe-mtd.pdf

58-dct-order.pdf

Prior pleadings, including the tribe’s motion on the pleadings (docket no. 36), are here.

Knighton v. Cedarville Rancheria Cert Petition

Here:

cert-petition.pdf

Questions presented:

“[T]he inherent sovereign powers of an Indian tribe do not extend to the activities of nonmembers of the tribe.” Montana v. United States, 450 U.S. 544, 565 (1981). The Montana Court recognized two limited narrow exceptions to that rule. But the Court has never resolved the question of whether tribal courts may ever exercise civil tort jurisdiction over nonmembers. In Plains Commerce Bank v. Long Family Land & Cattle Co., 554 U.S. 316 (2008) and in Dollar General Corporation and Dolgencorp, LLC v. The Mississippi Band of Choctaw Indians, et. al. 136 S.Ct. 2159 (2016) the issue was brought before this Court, but unanswered. This case presents the issue of: Whether Indian tribal courts have jurisdiction to adjudicate civil tort claims against nonmembers?

Further this case presents the issue of: If the Indian tribal courts have jurisdiction to adjudicate civil tort claims over nonmembers, what is the prerequisite notice of any such authority, what is the prerequisite consent thereto by a nonmember, and what is the viable scope of such jurisdiction so as to satisfy the Due Process rights of a nonmember?

Lower court materials here.

UPDATE:

Brief in Opposition–PDFA

Bridge Magazine: “Before debates, Gretchen Whitmer urges Democrats to protect Great Lakes”

Here.

Federal Court Dismisses Defamation Suit against WaPo by that Smirking Kid in D.C.

Here is the opinion in Sandmann v. WP Company LLC (N.D. Ky.):

sandmann-decision.pdf

H/T Above the Law.

Ninth Circuit Affirms Rule 19 Dismissal of Environmental Challenge to Four Corners Power Plant

Here is the opinion in Diné Citizens against Ruining Our Environment v. Bureau of Indian Affairs.

Briefs here.

Review of 1491s’ “Between Two Knees”

Worth a read, from the Portland Observer, here.

H.R.3977 – To amend the Indian Civil Rights Act of 1968 to extend the jurisdiction of tribal courts to cover crimes involving sexual violence, and for other purposes.

Introduced by Rep. Haaland.

BILLS-116hr3977ih

Federal Claims Court Dismisses Pro Se Property Owner Claims against US [and Quinault] over Lake Quinault

Here are the materials in Landreth v. United States (Fed. Cl.):

12-amended-complaint.pdf

13-chenault-motion-to-file-amicus-brief.pdf

14-dct-order-denying-chenault-amicus.pdf

15-us-motion-to-dismiss.pdf

18-quinault-motion-to-file-amicus-brief.pdf

18-1-quinault-amicus.pdf

20-us-consent-to-quinault-motion.pdf

21-response-to-us-motion-to-dismiss.pdf

30-quinault-reply.pdf

34-dct-order-denying-quinault-motion.pdf

35-us-reply-in-support-of-mtd.pdf

36-dct-order.pdf