Federal Court Rejects Motions to Dismiss New York Suit against Native Wholesale Supply & Grand River Enterprises Six Nations

Here are the materials in State of New York v. Grand River Enterprises Six Nations LTD (W.D. N.Y.):

76 Second Amended Complaint

79-3 Native Wholesale Supply MTD

81-1 Grand River Enterprises Six Nations MTD

84 NY Response to 81-1 [Stay Motion]

88 NWS Reply in Support of stay

89 GRE Reply in Support of Stay Motion

92 DCT Order Granting Stay Motion

93 NY Opposition to MTD

95-2 NWS Reply in Support of MTD

96 GRE Reply in Support of MTD

97 Magistrate Report100 NY Objections

102 NWS Response to Objections

103 NY Reply

110 DCT Order Sustaining Objections

Sixth Circuit Briefs in Bay Mills Indian Community v. Whitmer [formerly Snyder]

Here:

bmic-opening-brief.pdf

state’s brief

BMIC Reply

Other briefs TK

Lower court materials here.

KU 2019 Tribal Law & Government Conference

You’re invited to KU Law’s 23rd annual
Tribal Law & Government Conference
The U.S. Supreme Court and the Future of Federal Indian Law

March 8, 2019 | 8:45 AM – 4:45 PM | 104 Green Hall 
University of Kansas School of Law
1535 W. 15th Street | Lawrence, KS
6.5 hours CLE, including 1 hour of ethics, approved in KS + MO ($60)
Lunch provided

The 2019 conference speakers will discuss Indian law cases currently before the Supreme Court and the future of federal Indian law. Speakers include:

  • Bethany Berger, Professor, University of Connecticut School of Law
  • Ian Gershengorn, Chair of the Appellate and Supreme Court Practice Group at Jenner and Block
  • Ethan Jones, Yakama Nation
  • Monte Mills, Professor, Alexander Blewett III School of Law at the University of Montana
  • Vivien Olsen, Prairie Band Potawatomi Nation
  • Colette Routel, Professor, Mitchell Hamline School of Law
  • Joel Williams, Native American Rights Fund

View the complete schedule at law.ku.edu/tribal#conference. Questions? Contact Rebecca Clayton at rclayton@ku.edu.

Federal Court Materials in Dispute over Crow Nation Bank Accounts [arising from leadership dispute]

Here are the materials in First Interstate BancSystem Inc. v. Not Afraid (D. Mont.):

1 Complaint

14 DCT Order

15 Motion to Quash

15-1 Affidavit

18 Second Motion to Quash

18-1 affidavit

National Indian Law Library Bulletin (2/8/2019)

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 2/8/19.

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
National Lifeline Association v. Federal Communications Commission  (Federal Communications Commission – Subsidies)
Mandan, Hidatsa and Arikara Nation v. United States Department of the Interior  (Oil and Gas Drilling Permits)
United States of America v. Jack W. Turtle 
(Lacey Act; Endangered Species)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2019.html
Interest of D.E.D.I  (Indian Child Welfare Act – Expert Witnesses)

Tribal Courts Bulletin
http://www.narf.org/nill/bulletins/tribal/2019.html
Corporation of the President of the Church of Jesus Christ of Latter-Day Saints v. Window Rock District Court
 (Jurisdiction; Pro Hac Vice)

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

  • Remaining silent in Indian Country: Self-incrimination and grants of immunity for tribal court defendants.
  • Second wave due diligence: The case for incorporating free, prior, and informed consent into the deep sea mining regulatory regime. 
  • A clash between culture and law: A comparative look at the conflict between quiet title actions in Hawaii, the Kuleana Act of 1850, and the displacement of Indigenous people. 

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
In the Land and Water section, we feature an article about Arizona’s drought plan and how it may impact farms, cities, tribes, and developers.

U.S. Legislation Bulletin 
https://www.narf.org/nill/bulletins/legislation/116_uslegislation.html
The following bills and resolutions were introduced: 

  • S.Res.37: A resolution designating the week beginning February 3, 2019, as “National Tribal Colleges and Universities Week.”
  • S.Res.52: A resolution authorizing expenditures by the Committee on Indian Affairs. 
  • S.294: A bill to establish a business incubators program within the Department of the Interior to promote economic development in Indian reservation communities. 
  • S.305: A bill to amend the Internal Revenue Code of 1986 to recognize Indian tribal governments for purposes of determining under the adoption credit whether a child has special needs. 
  • S.336: A bill to direct the Comptroller General of the United States to submit a report on the response of law enforcement agencies to reports of missing or murdered Indians. 
  • H.R.958: To protect Native children and promote safety in Indian country. 
  • H.R.1031: To take certain land located in San Diego County, California, into trust for the benefit of the Pala Band of Mission Indians, and for other purposes.

Job Announcement — Indian Law Position at South Dakota

Tenure-Track Position in Indian Law

The University of South Dakota School of Law looks to hire an Assistant or Associate Professor, dependent upon qualifications, with expertise in the fields of Indian Law and federal courts. USD Law has both a long-standing institutional commitment to the field of Indian Law, as well as an Indian Law program on which it hopes to build.

This position is on the tenure track and will start at the beginning of the 2019-2020 academic year. The successful candidate will teach our Indian Law and Federal Jurisdiction courses; the remainder of the course package will be subject to negotiation. Areas of potential interest include bankruptcy, insurance, intellectual property, agricultural law, and cyberlaw.

Individuals appointed to tenure-track positions are expected to fulfill the tripartite responsibilities of teaching, scholarship, and service. The successful applicant must be a licensed attorney in a United States jurisdiction (a state or the District of Columbia).

The University of South Dakota embraces and practices the values of diversity and inclusiveness. Candidates who support these values are encouraged to apply. EEO/AA

Applications must be submitted through the Board of Regents electronic employment site: https://yourfuture.sdbor.edu/. For application assistance or accommodation, call 605-677-5671. Please include your application letter, vita, and the names and addresses of three current references.

Inquiries may be directed to Tiffany C. Graham, Associate Dean of Academic Affairs, University of South Dakota School of Law, 414 East Clark Street, Vermillion, SD 57069. You may also send a message by email to Tiffany.Graham@usd.edu, or you may call at 605-658-3509.

Federal Court Dismisses Constitutional Tort Claims against Foxwoods

Here are the materials in Edwards v. Foxwoods Resort Casino (E.D. N.Y.):

1-1 Complaint

9-1 Motion to Dismiss

11 Opposition

12 Reply

13 DCT Order

Wisconsin ILSA Annual Conference — March 9, 2019

Here:

ILSASavetheDate

D.C. District Court Transfers MHA Nation Suit against BLM Drilling Permit Approvals to North Dakota

Here are the materials in Mandan Hidatsa and Arikara Nation v. Dept. of Interior (D.D.C.):

1 Complaint

10 Slawson Motion to Intervene

17 DCT Order Granting 10

18 Slawson Motion to Transfer Case to DND

23 DOI Joinder to 18

27 MHA Nation Opposition to 18

30 Reply in Support of 18

31 DOI Reply in Support of 18

33 DCT Order Granting Motion to Transfer

Swinomish Indian Tribal Community v. Army Corps of Engineers Materials (so far)

Here:

1 Complaint

15 Answer

19 Taylor Shellfish Motion to Intervene

24 DCT Order Granting Intervention