Pro Se Claims of Unrecognized “Cherokee Nation of Indians” Dismissed

Here are the materials in Ayanuli v. United States (Ct. Cl.):

1 complaint

5 motion to dismiss

7 dct order

D.C. Circuit Grants Oglala Sioux Tribe Petition for Review of Black Hills Uranium Mining Approval

Here is the opinion in Oglala Sioux Tribe v. Nuclear Regulatory Commission.

Briefs here.

New Scholarship on Felix Cohen

Here is “‘Felix Cohen Was the Blackstone of Federal Indian Law’: Taking the Comparison Seriously,” by Adrien Habermacher, forthcoming in the British Journal of American Legal Studies.

Here is the abstract:

This paper explores thoroughly the many facets of Rennard Strickland’s comparison between Sir William Blackstone, author of the 1765-69 COMMENTARIES ON THE LAWS OF ENGLAND, and Felix Cohen, architect of the 1942 HANDBOOK OF FEDERAL INDIAN LAW. It consists in a side by side analysis of both authors’ master works, political and educational projects, as well as general contribution to jurisprudence. It reveals that despite the stark differences between Blackstone’s work on the English common law from his professorship at Oxford in the late 18th century, and Cohen’s endeavors on the US federal law concerning Native Americans as a civil servant at the turn of the 1940’s, there are remarkable similarities in the enterprises of legal scholarship the two jurists took on, the larger political projects they promoted, and their role in the development of legal thought. The idea that “Felix Cohen was the Blackstone of Federal Indian Law” has stylistic appeal and could have been little more than a gracious way to celebrate Cohen. An in-depth comparative examination of legal history and jurisprudence however corroborates and amplifies the soundness of the comparison.

Elie Mystal Asks Racists to Stop Using the “Indians Not Taxed” Clause to Attack Birthright Citizenship (I should say “demands” instead of “asks”)

Here.

Federal Circuit Rejects Tribal Immunity in Patent Litigation

Here is the opinion in St. Regis Mohawk Tribe v. Mylan Pharmaceuticals:

18-1638.opinion.7-20-2018

Briefs here.

Interior and North Fork Rancheria Prevail over Stand Up for California on Tribe’s Gaming Compact Procedures

Here are the materials in Stand Up for California! v. Dept.of Interior (E.D. Cal.):

28 sufc motion for stay

29 sufc motion for summary j

37 north fork rancheria motion for summary j

39 north fork opposition to 29

41 interior motion for summary j

43 interior response to 29

44 reply in support of 29

46 sufc opposition to motions for summary j

51 north fork reply in support of 37

52 interior reply in support of 41

58 dct order

United States Attorney Initiates Forfeiture of Nearly 45,000 Cartons of HCI Smokes and other property

Here is the pleading captioned United States v. 2015 Dodge Ram 350 Truck (D. Neb.):

complaint

Update — here is the amended complaint now captioned United States v. 2005 Freightliner M2106 Box Truck (D. Neb.):

amended complaint

 

HuffPo: “Federal Officials Divulge Secret Info About Native American Artifacts”

Here.

Leonard Peltier Free Speech Claims against State of Washington for Removing His Paintings from Exhibit Survive Summary Judgment Motion

Here are the materials in Peltier v. Sacks (W.D. Wash.):

42 defendant motion for summary j

51 response

52-4 painting one

52-5 painting two

52-6 painting three

53 reply

54 dct order

Earlier post on this matter here.

NYTs Profile of Navajo Nation’s Bid to Purchase Recently-Bankrupt Remington Gun Company to Bring Biz to the Reservation (and force the company to invest in smart gun tech)

Here. An excerpt:

The Navajo Nation’s plan for Remington was novel: It intended to shift the company away from its consumer business, including curtailing the sale of the AR-15-style weapons frequently used in mass shootings, to focus on police and defense contracts.

The tribe planned to use profits from those businesses to invest in research and development of advanced “smart guns” — those with fingerprint or other technology intended to prevent anyone but the gun’s owner from using the weapon. Smart guns have so far failed to make much headway at the major gun manufacturers, which have faced pressure from groups like the National Rifle Association.

It’s not clear that the tribe’s proposal would have worked, of course. But the Navajo Nation would have had an advantage in sales for police and military contracts. Not only must a certain percentage of government business go to minority-owned companies, but the Native American Incentive Act also confers certain other advantages, according to the American Bar Association.

The only guns the Navajo Nation planned to sell to consumers were long guns like rifles and shotguns used by hunters.

“Navajo is a community of veterans and people of the land,” the tribe’s lawyer, Drew Ryce, said in an email. “We are indifferent to the AR-15 and happy to leave that business behind.”