Author: Matthew L.M. Fletcher – Page 227

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2017-2018update.html
Petition was filed in Fort Peck Housing Authority, et al., v. Department of Housing and Urban Development, et al. (Jurisdiction; Grant in Aid Funds) on 3/22/18.

Read the latest Tribal Supreme Court Project update published on 4/2/18.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2018.html

Contract waivers for tribal sovereign immunity: What every Idaho attorney needs to know.
Matal v. Tam – A victory for The Slants, a touchdown for the Redskins, but an ambiguous journey for the First Amendment and Trademark Law.
The transfer of public lands movement: The battle to take ‘back’ lands that were never theirs.
Patchak v. Zinke, separation of powers, and the pitfalls of form over substance.
Consultation with American Indian tribes: Resolving ambiguity and inconsistency in government-to-government relations.
Competing sovereignty and laws’ domains.
Modernizing the tribal consultation process for wireless infrastructure siting.
Will the Stop Act stop anything? The Safeguard Tribal Objects of Patrimony Act and recovering Native American artifacts from abroad.
Recission of a previously designated National Monument: A bad idea whose time has not come.
Tribal water law: Cutting edge insights from practitioners in Indian Country.
Western States Water Conference and Native American Rights Fund 15th Biennial Symposium on the Settlement of Indian Reserved Water Rights Claims.

Tribal Courts Bulletin
http://www.narf.org/nill/bulletins/tribal/2018.html
Mashantucket Pequot Tribal Nation v. Guertin (Employment Termination)
Johns v. Travelers (Employment – Worker’s Compensation )
Southern Ute Tribe v. Henry (Self-Incrimination; Right to Counsel)
Grandma Gebhard Co. v. Mashantucket Pequot Gaming Enterprise (Breach of Contract)
Sebastian v. Mashantucket Pequot Gaming Enterprise (Personal Injury)
Quileute Nation v. Jamie (Legislative Immunity)

Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2018.html
Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers (Oil and Gas Pipelines – Tribal Consultation )
Nguyen v. Gustafson (Divorce and Custody)
Kodiak Oil & Gas (USA) Inc. v. Burr (Jurisdiction)
Gibbs v. Rees (Tribal Sovereign Immunity)
Nipmuc Nation v. Zinke (Federal Recognition)
Burt Lake Band of Ottawa and Chippewa Indians v. Zinke (Federal Recognition)
United States v. 99,337 Pieces of Counterfeit Native American Jewelry (Indian Arts and Crafts Act; Counterfeit Jewlery)
Texas v. Ysleta Del Sur Pueblo (Gaming – Authorization)
Battle Mountain Band of Te-Moak Tribe of Western Shoshone Indians v. United States Bureau of Land Management (Mining; Traditional Cultural Property)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2018.html
In Matter of L.D. (Indian Child Welfare Act – Application of)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Recognition & Enrollment section, we feature an article about recent court decisions regarding tribal recognition.

Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2018.html
We feature several notices from the Department of the Interior relating to Hearth Act approvals for tribes.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
The following bills and resolutions were added:
S.2599: Leech Lake Band of Ojibwe Reservation Restoration Act.
S.2628: Mashpee Wampanoag Tribe Reservation Reaffirmation Act.
S.Res.444: A resolution recognizing the heritage, culture, and contributions of American Indian, Alaska Native, and Native Hawaiian women in the United States.

Montana Indian Law Week

April 9, 2018April 9, 2018Matthew L.M. Fletcher

Here (PDF):

Montana Indian Law Week 2018

Eleventh Circuit Dismisses Challenge to Seminole Tribal Court Jurisdiction

April 9, 2018April 9, 2018Matthew L.M. Fletcher

Here is the unpublished opinion in Asker v. Seminole Tribe of Florida Inc.:

Unpublished Opinion

Briefs here.

New Kevin Washburn Paper: “Everybody Does Better in Indian Country When Tribes are Empowered”

April 8, 2018Matthew L.M. Fletcher

Posted in SSRN, here.

The abstract:

Fifty years ago, President Lyndon Johnson appointed a blue ribbon panel called the National Advisory Commission on Civil Disorders to examine the causes of urban riots that happened during the summer of 1967. The Kerner Commission, as the group came to be known, produced a report on March 1, 1968, that identified some of the causes of the unrest. The Kerner Commission report found the riots to be rooted in crushing urban poverty and recommended solutions that would address those deep issues, such as job training, living wages, and funding for public schools. To commemorate the 50th Anniversary of this work and to refocus attention on these important issues, the last living member of the Kerner Commission, former U.S. Senator Fred Harris, compiled a book “Healing our Divided Society: Investing in America Fifty Years After the Kerner Report” that revisits some of these issues. Harris invited several scholars to contribute to the book, including Professor Joseph Stiglitz, Professor Washburn. Professor Washburn contributed the attached essay which highlights the changes that have occurred in federal Indian policy in the last 50 years and makes recommendations about continuing efforts to address poverty there.