Tenth Circuit Holds BLM Violated NEPA in Approving Chaco Canyon Fracking

Here is the opinion in Diné Citizens Against Ruining Our Environment v. Bernhardt.

Briefs here.

Most Downloaded Indian Law Papers (2018-2019 Academic Year)

Here (now updated with BEPRESS downloads):

The Tribal Franchise: An Expression Of Tribal Sovereignty And A Potential Solution To The Problem Of Mass DisenrollmentBrent Mulvaney, Seattle University School of Law

Sovereign Resilience: Reviving Private Sector Economic Institutions in Indian Country

BYU Law Review 2018 Issue 6
Number of pages: 59 Posted: 01 Aug 2018
Accepted Paper Series

Transforming Property: Reclaiming Modern Indigenous Land Tenures

California Law Review, Forthcoming
Number of pages: 156 Posted: 10 Nov 2018 Last Revised: 02 May 2019
Accepted Paper Series

Empire States: The Coming of Dual Federalism

Yale Law Journal, Forthcoming
Number of pages: 86 Posted: 19 Mar 2019
Accepted Paper Series
Stanford Law School

‘Felix Cohen Was the Blackstone of Federal Indian Law’: Taking the Comparison Seriously

Forthcoming British Journal of American Legal Studies Vol. 8
Number of pages: 43 Posted: 18 Jul 2018
Accepted Paper Series

The Extraterritorial Reach of Tribal Court Criminal Jurisdiction

Hastings Constitutional Law Quarterly, Vol. 46, No. 294, 2019
Number of pages: 18 Posted: 24 Aug 2018 Last Revised: 09 Jan 2019
Accepted Paper Series

Intellectual Property, Traditional Knowledge, and Traditional Cultural Expressions in Native American Tribal Codes

Akron Law Review, Vol. 51, No. 4, 2017
Number of pages: 37 Posted: 04 Sep 2018
Accepted Paper Series

From Foundational Law to Limiting Principles in Federal Indian Law

Montana Law Review (Forthcoming), University of Utah College of Law Research Paper No. 293
Number of pages: 27 Posted: 25 Oct 2018 Last Revised: 13 Nov 2018
Working Paper Series
Enough Is Enough: Ten Years Of Carcieri V. SalazarBethany C. Sullivan, Jennifer L. Turner
Alexander Blewett III School of Law at the University of Montana

Agency Pragmatism in Addressing Law’s Failure: The Curious Case of Federal ‘Deemed Approvals’ of Tribal-State Gaming Compacts

52 U. MICH. J. L. REFORM 49 (2018), U Iowa Legal Studies Research Paper No. 2019-01
Number of pages: 54 Posted: 18 Jan 2019 Last Revised: 27 Mar 2019
Accepted Paper Series

Virginia’s First Slaves: American Indians

Number of pages: 24 Posted: 14 Jan 2019
Working Paper Series

Indian Nations and the Constitution

70 Me. L. Rev. 199 (2018), Harvard Public Law Working Paper No. 19-05
Number of pages: 13 Posted: 07 Sep 2018 Last Revised: 14 Mar 2019
Accepted Paper Series

Originalism and Indians

Tulane Law Review, Vol. 93, No. 269, 2018
Number of pages: 69 Posted: 14 Feb 2019
Accepted Paper Series

Indigenous Rights to Water & Environmental Protection

Harvard Civil Rights- Civil Liberties Law Review (CR-CL), Vol. 53, No. 2, 2018, University of Washington School of Law Research Paper Series
Number of pages: 45 Posted: 20 Nov 2018
Accepted Paper Series

Native American Oral Evidence: Finding a New Hearsay Exception

Number of pages: 48 Posted: 17 Feb 2019 Last Revised: 27 Feb 2019
Working Paper Series
Boston University – School of Law

Indigenous Resilience

Arizona Law Review (Forthcoming), BYU Law Research Paper No. 19-08
Number of pages: 65 Posted: 22 Mar 2019
Accepted Paper Series

Cultivating Professional Identity and Resilience Through the Study of Federal Indian Law

2018 Brigham Young University Law Review 1429, BYU Law Research Paper No. 19-07
Number of pages: 23 Posted: 22 Mar 2019
Accepted Paper Series

Patently Inconsistent: State & Tribal Sovereign Immunity in Inter Partes Review

St. John’s Law Review, Forthcoming, St. John’s Legal Studies Research Paper No. 19-0006
Number of pages: 63 Posted: 01 Mar 2019
Accepted Paper Series

Searching for Principle: Reconciling Tribal Membership and Liberal Values

Indigenous Law Journal, Vol. 16, 2018
Number of pages: 20 Posted: 15 Dec 2018
Accepted Paper Series

National Indian Law Library Bulletin (5/3/2019)

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 5/2/19.

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
Stockbridge-Munsee Community v. Wisconsin.  (Gaming; Statute of Limitation; Sovereign Immunity)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article) 
https://www.narf.org/nill/bulletins/lawreviews/2019.html

  • A tribal counsel’s guide to corporate compliance.
  • Lobbying as a strategy for tribal resilience. 
  • The reports of our death are greatly exaggerated–reflections on the resilience of the Oneida Indian Nation of New York. 
  • Changing family courts to help heal and build resilient families. 
  • Sovereign Resilience: Reviving private-sector economic institutions in Indian Country. 
  • Cultivating professional identity and resilience through the study of federal Indian law. 
  • Establishing paternity under the Indian Child Welfare Act. 
  • Uncounseled tribal court convictions as predicate offenses under United States v. Bryant.
  • Building Indian Country’s future through food, agriculture, infrastructure, and economic development in the 2018 Farm Bill. 
  • Food localization: Empowering community food systems through the Farm Bill. 
  • Sovereign immunity for rent: How the commodification of Tribal sovereign immunity reflects the failures of the U.S. patent system.
  • The fight over Columbia Basin salmon spills and the future of the Lower Snake River Dams. 
  • The hybrid nature of the property clause: Implications for judicial review of National Monument reductions.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
In the Education section, we feature articles about groups working for accurate depiction of Native American history in schools. 

Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2019.html
We feature a notice of the Fish and Wildlife Service seeking public comment on rule revisions pertaining to the religious use of federally protected bird feathers. 

Legislation Bulletin 
https://www.narf.org/nill/bulletins/legislation/116_uslegislation.html

  • S.2438: Not Invisible Act of 2019
  • S.2459: To approve the settlement of water rights claims of the Hualapai Tribe and certain allottees in the State of Arizona, to authorize construction of a water project relating to those water rights claims, and for other purposes. 
  • S.1232: A bill to amend the Surface Mining Control and Reclamation Act of 1977 to provide funds to States and Indian Tribes for the purpose of promoting economic revitalization, diversification, and development in economically distressed communities through the reclamation and restoration of land and water resources adversely affected by coal mining carried out before August 3, 1977, and for other purposes.

NIGC Affirms Approval of Ponca Tribe’s Gaming Ordinance on Remand from Federal Court

Here is the order in In re: Gaming Ordinance of Ponca Tribe of Nebraska:

Revised Amendment to FDO – Ponca NE

The earlier federal court materials are here.

Minnesota Public Radio: “And now this message from Save Lake Calhoun” AKA Bde Maka Ska

Here.

Prior post here.

Second Circuit Briefs in Oneida Indian Nation v. Dept. of Interior

Here:

NY Oneida Appellant Brief

Federal Answer Brief

Lower court materials here.

Tenth Circuit Briefs in United States v. Uintah Valley Shoshone Tribe

Here:

Appellant Brief

US Brief

Appellant Response Brief

Lower court materials here.

Seventh Circuit Affirms Stockbridge-Munsee v. Wisconsin/Ho-Chunk Nation

Here is the opinion in Stockbridge-Munsee Community v. State of Wisconsin.

Briefs here.

Interior Starts Process to Undo Eagle Act Regulations to Allow Non-Indians to Access Eagle Feathers

Here is the notice:

2019-04-30 FR

An excerpt:

We, the U.S. Fish and Wildlife Service (Service), have received a petition for rulemaking, which asks the Service to revise the existing rules pertaining to the religious use of federally protected bird feathers. The petition is being published pursuant to the terms of a settlement agreement entered into in 2016 by the United States with McAllen Grace Brethren Church and the Becket Fund for Religious Liberty. Any changes to existing rules will be subject to a public comment period, and tribal consultation consistent with Executive Order 13175 and the Department of the Interior Policy on Consultation with Indian Tribes. The Service seeks comments on the petition.