Harvey v. Ute Indian Tribe Cert Petition

Here:

Harvey v. Ute et al. Petition

Questions presented:

1.Whether the tribal remedies exhaustion doctrine, which requires federal courts to stay cases challenging tribal jurisdiction until the parties have exhausted parallel tribal court proceedings, applies to state courts as well.

2.Whether the tribal remedies exhaustion doctrine requires that nontribal courts yield to tribal courts when the parties have not invoked the tribal court‘s jurisdiction.

Lower court materials here.

UPDATES:

cert opp brief

Reply

SG Brief [Ute]

Petitioners Supplemental Brief

National Indian Law Library Bulletin (3/15/2018)

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 3/15/18.

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

  • Justice for Native Nations: Insights from legal pluralism.
  • GMOs, International law, and Indigenous peoples.
  • May the spirit of section 106 yet prevail?: Recognizing the environmental elements of Native American intangible cultural heritage.

Tribal Courts Bulletin
http://www.narf.org/nill/bulletins/tribal/2018.html
Eastern Band of Cherokee Indians v. Lambert (Impeachment)
Apachito v. Navajo Election Administration (Elections)
Northern Edge Casino v. Window Rock District Court (Personal Injury)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2018.html
State v. Zack (Jurisdiction)

Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2018.html
The Department of the Interior has issued a notice relating to a list of programs eligible for inclusion in funding agreements negotiated with self-governance tribes.

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Health & Welfare section, we feature a couple of articles about Congressional efforts to battle opioid addiction in Indian Country.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
The following bills were added:

  • S. 2514: PACED Act (Preserving Access to Cost Effective Drugs) [bill to abrogate tribal sovereign immunity]
  • S. 2545: A bill to amend the Public Health Service Act to authorize a special behavioral health program for Indians.
  • H.R.5244: To reaffirm the Mashpee Wampanoag Tribe reservation, and for other purposes.

Federal Court Denies Reconsideration of Restoration of Swinomish Claims in BNSF Dispute

Here are the new materials in Swinomish Indian Tribal Community v BNSF Railway Company (W.D. Wash.):

88 Motion for Reconsideration

91 Swinomish Response

92 Reply

93 DCT Order

Prior posts here.

Wisconsin Law’s 32nd Annual Coming Together of Peoples Conference

Pics here:

New Paper on the Impact of Indian Law Scholarship

Grant Christensen (The University of North Dakota) and Melissa L. Tatum (University of Arizona – James E. Rogers College of Law) have posted “Reading Indian Law: Evaluating Thirty Years of Indian Law Scholarship,” forthcoming in the Tulsa Law Review.

Here is the abstract:

This article surveys thirty years of law review articles and compiles a formal ranking system to create a list of the 100 most influential Indian law scholarly pieces from the last thirty years. As Indian law has grown from a niche field offered by a couple schools to a robust legal discipline it is now impossible for the thousands of professors, students, practitioners, and judges to identify the most important pieces published each year. This piece, with its first of its kind approach to ranking Indian law scholarship, has the potential to not only highlight other important works but to become an article that is itself the focus of conversation.

Native Trade conference March 23-24 in Tucson

Here is the agenda: All Roads Lead to Chaco Canyon – Tentative Agenda

Native Trade Conference Flyer(1)

 

News Profile of Ute Tribe Reservation Suit against US

Here is “Ute Tribe takes U.S. government to court over ‘theft’ of land and water in historic Uncompahgre.”

Link to complaint here.

2018 Native American Critical Issues Conference (March 22-24, 2018)

Here:

Critical Issues 2018

G. William Rice Memorial Scholarship

Here (PDF):

8278B518-3DF1-4AF3-983E-3A41F8DC0B86