Oglala Sioux Tribe v. Fleming Cert Petition

Here:

cert petition

Questions presented:

1. Whether the Eighth Circuit erred in holding, in conflict with decisions of this Court and three other courts of appeals, that the possibility of filing a separate mandamus action was in and of itself “sufficient” to provide an “adequate opportunity” requiring Younger abstention, where plaintiffs had no opportunity to challenge the constitutionality of the preliminary hearing procedure in the course of the state’s abuse and neglect proceedings?
2. Whether the court of appeals erred in holding, in conflict with three courts of appeals, that the “extraordinary circumstances” exception to Younger abstention applies only to flagrantly and patently unconstitutional statutes, but not to flagrantly and patently unconstitutional policies, and in concluding that separating children from their parents for sixty days with no notice or opportunity to be heard inflicted no irreparable harm?

Lower court materials here.

New Mexico Pueblos Prevail in Revenue Sharing Dispute with State [Free Play]

Here are the materials in Pueblo of Isleta v. Lujan Grisham (D.N.M.):

55 State MSJ

58 Pueblo Response

62 State Reply

67-1 Santa Ana Pueblo et al MSJ

68 Isleta Pueblo et al MSJ

71 State Response to 68

72 State Response to 67

74 Isleta Reply

81 State Motion for Discovery

84 Pueblos Motion for Protective Order

88 State Response to 84

91 Pueblos Reply in Support of 84

125 DCT Order

Complaint here.

Narragansett NHPA Consultation Suit

Here is the complaint Narragansett Indian Tribe v. Federal Highway Administration (D.R.I.):

1-complaint-2.pdf

An excerpt:

The Tribe brings this action to challenge the termination of a programmatic agreement(“PA”) entered into pursuant to the regulations of the National Historic Preservation Act (“NHPA”). The termination of the PA occurred after substantial construction had taken place on the project for which the PA was meant to address and resolve the adverse effects of the project on historic properties to the signatories’ satisfaction. The termination of the PA after substantial work had been performed on the project, and the subsequent final decision of the Federal Highway Association (“FHWA”) was arbitrary and capricious.

Tribal Amicus Brief in Texas v. United States [ACA Appeal in Fifth Circuit]

Here:

texas-tribal-amicus-final-4-1-19-as-filed-1.pdf

4-1-2019-letter-to-doj-re-texas-v-us-and-ihcia-impacts-final.pdf

Alberta Law Review Symposium on Indian Law in Canada

Here:

Vol 56, No 3: Law, Justice, and Reconciliation in Post-TRC Canada

MHA Nation Tribal Member Effort to Force Secretarial Election over Voting Rights Fails

Here are the materials in Cross v. Dept. of Interior (D. Ariz.):

1-complaint-1.pdf

10-motion-to-dismiss.pdf

11-response.pdf

12-reply.pdf

18-dct-order.pdf

65ibia089.pdf

65ibia157.pdf

Arizona Attorney Indian Law Edition

Here:

SPECIAL FEATURE
  1. Indian Law Special Focus
  2. ICWA and Assisted Reproductive Technology BY DAUNE CARDENAS
  3. Environmental Justice in Indian Country BY BETHANY SULLIVAN
  4. Energy Development on Tribal Land BY PILAR M. THOMAS
  5. Domestic Violence Criminal Jurisdiction BY OJ FLORES
  6. Leaving the Office Ethically BY VIRJINYA TORREZ
  7. 2020 Census Challenge BY JAMES THOMAS TUCKER
  8. The Year of the Native Voter BY SARAH CRAWFORD
  9. Tribute to Rodney B. Lewis BY JAMES THOMAS TUCKER

Federal Court Holds Wisconsin Oneida Reservation Diminished [Apple Festival Permitting]

Here is the order in Oneida Nation v. Village of Hobart (E.D. Wis.):

130 DCT Order

Briefs are here.

Monte Mills: “Bigotry, ignorance and high school basketball in Montana”

From High Country News, here.

Suit against South Dakota’s “Riot Boosting” Law

Here are the materials in Dakota Rural Action v. Noem (D.S.D.):

1 Complaint

1-1 (Exhibit A Rioting Boosting Act)