National Indian Law Library Bulletin (8/16/2018)

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 8/16/18.

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)

http://www.narf.org/nill/bulletins/lawreviews/2018.html

• Addressing the opioid crisis in Indian Country with a Parens Patriae action in tribal court.

• Return to Worcester: Dollar General and the restoration of tribal jurisdiction to protect Native women and children.

• Punishment in Indian Country: Ironies of Federal punishment of Native Americans.

• The negative effects of confusion over collateral agreements under the Indian Gaming Regulatory Act: Which agreements need review?

Tribal Courts Bulletin

http://www.narf.org/nill/bulletins/tribal/2018.html
Gilliland v. Cherokee Nation (Criminal Jurisdiction)

Federal Courts Bulletin

http://www.narf.org/nill/bulletins/federal/2018.html

Gila River Indian Community v. United States Department of Veterans Affairs (Health Care Costs – Veterans)

United States v. King Mountain Tobacco Company, Inc. (Federal Excise Taxation – Tobacco Products)

Alabama-Quassarte Tribal Town v. United States (Oklahoma Indian Welfare Act – Trust Funds)

McCoy v. Salish Kootenai College, Inc. (Tribal Colleges – Sovereign Immunity)

State Courts Bulletin

http://www.narf.org/nill/bulletins/state/2018.html

Drabik v. Thomas (Tribal Sovereign Immunity)

Matter of A.P. (Indian Child Welfare Act – Notice)

Matter of D.E. (Indian Child Welfare Act – Termination of Parental Rights)

News Bulletin

http://www.narf.org/nill/bulletins/news/currentnews.html

In the Intergovernmental section, we feature articles about impact of next Supreme Court nominee on Native American rights.

Regulatory Bulletin

http://www.narf.org/nill/bulletins/regulatory/2018.html

We feature a request for comments on subsistence taking of Northern Fur Seals on the Pribilof Islands from the Department of Commerce, National Oceanic and Atmospheric Administration.

Eighth Circuit Briefs in Kodiak Oil & Gas (USA) Inc. v. Seaworth [formerly Burr]

Here:

MHA Nation Judicial Officers Brief

HRC Brief

Lower court materials here.

Eleventh Circuit Briefs in Seminole Tribe of Florida v. Biegalski

Here:

Seminole Brief

Florida Brief

Reply

Lower court briefs here.

Fifth Circuit Briefs in State of Texas v. Alabama-Coushatta Tribe of Texas

Here:

Alabama-Coushatta Tribe Brief

Amicus Brief Supporting Tribe

Texas Brief

Lower court materials here.

Ninth Circuit Briefs in Chemehuevi Indian Tribe v. McMahon

Here:

Opening Brief

Answer Brief

Reply

Prior posts here.

Federal Circuit Reinstates Tucker Act Claim re: Keepseagle Settlement

Here is the opinion in LaBatte v . United States.

Briefs:

LaBatte Brief

US Brief

Reply

Lower court materials here. D.C. Circuit proceedings here.

Udall Requests Kavanaugh Records on Native American Issues

From the press release:

Udall Requests Kavanaugh Records on Native American Issues

Seeks all records pertaining to Kavanaugh’s involvement with Native American issues during tenure as Staff Secretary and White House Counsel

WASHINGTON – Today, U.S. Senator Tom Udall (D-N.M.), vice chairman of the Senate Committee on Indian Affairs, formally requested all records pertaining to Supreme Court nominee Judge Brett Kavanaugh’s involvement with Native American issues during his tenure as White House Staff Secretary and as White House Counsel.

In a letter to Senate Judiciary Committee Chairman Chuck Grassley (R-Iowa), Udall asked Grassley to turn over all records under his control pertaining to Kavanaugh’s work on Indian Affairs issues. Udall also asked that Grassley request all records from the National Archives regarding Kavanaugh’s time as Staff Secretary and White House Counsel related to Native American matters.

“Decisions made by the Supreme Court have a significant impact on nearly all aspects of the everyday lives of Native Americans,” Udall wrote. “In the past few years alone, the Supreme Court has ruled on cases that further defined the contours of the United States’ government-to-government relationship with Indian Tribes, including: the extent to which an Indian Tribe’s treaty with the United States protects its subsistence practices from state intrusion; the scope of an Indian Tribe’s sovereign immunity; and the scope and extent of a Tribal member’s parental rights over a Native American child.”

“The Supreme Court’s influence is particularly acute in Indian Country, given the United States’ treaty and trust responsibility,” Udall continued. “So that members of this Committee—and the entire Senate—may adequately consider Judge Kavanaugh’s views on Indian Affairs issues, I respectfully request that you make available to me and my staff all records that pertain to Judge Kavanaugh’s involvement with Native American affairs while serving at the White House as Staff Secretary and as White House Counsel.”

The full text of the letter is available here.

Ninth Circuit Rejects Gila River Indian Community Reimbursement Claims against VA

Here is the opinion in Gila River Indian Community v. Dept. of Veterans Affairs.

Briefs here.

Tenth Circuit Dismisses Objectors’ Appeal of Pojoaque Valley Water Settlement

Here is the opinion in State of New Mexico v. Aamodt.

Briefs:

Answering Brief for the United States of America

Appellant’s Consolidated Reply Brief to Appellees’ and Appellees in Intervention’s Briefs

Appellant’s Opening Brief

Appellant’s Supplemental Brief Pursuant to the Court’s April 5, 2018 Order

Appellee’s Answer Brief

Joint Answer Brief of Defendants-Appellees Santa Fe County and City of Santa Fe

Joint Supplemental Brief of Appellees State of New Mexico, Santa Fe County, City of Santa Fe and Rio de Tesuque Association, Inc.

Joint Supplemental Brief of Appellees the United States, Pueblo of Nambé, Pueblo of Pojoaque, Pueblo de San Ildefonso, and Pueblo de Tesuque

Response Brief of Appellee the Rio De Tesuque Association, Inc.

Eighth Circuit Briefs in Brakebill v. Jaeger

Here:

Entry ID 4667021 ACCEPTED Appellant’s Brief, Civil No. 18-1725 (8th Cir. May 30, 2018) (00190584x9D7F5)

Engry ID 4678343 ACCEPTED Appellees’ Brief 2018.07.02 (00191936x9D7F5)

Entry ID 4683480 Reply Brief of Appellant 2018.07.17 (00192205x9D7F5)

Prior posts here.