Interior Office of Inspector General Criticizes Indian Affairs Loan Guarantee Program

Here.

Montana SCT Affirms Constitutionality of CSKT Water Rights Compact

Here is the opinion in Flathead Joint Board of Control v. State.

Briefs:

Board brief

State brief

Tribe brief

Board reply

State reply

Fletcher Paper on States and American Indian Citizenship Rights (+ ICWA)

Here is “States and Their American Indian Citizens,” recently published in the American Indian Law Review.

An excerpt:

This article is intended to provide a theoretical framework for tribal advocates seeking to approach state and local governments to discuss cooperation with Indian nations, with a special emphasis on Indian child welfare. While the federal government has a special trust relationship with Indians and Indian nations, Indian people are also citizens and residents of the states in which they live. Thus, states have obligations to Indians as well.

This article posits the fairly controversial and novel position that states have obligations to guarantee equal protection to all citizens, including American Indians (and non-Indians) residing in Indian country. In other words, states have an affirmative obligation to ensure that reservation residents, Indian and non-Indian, receive the same services from states that off-reservation residents receive.

NYTs: “Vast Indigenous Land Claims in Canada Encompass Parliament Hill”

Here.

CNN: “The forgotten minority in police shootings”

Here.

An excerpt:

Native Americans are killed in police encounters at a higher rate than any other racial or ethnic group, according to data from the Centers for Disease Control and Prevention. Yet rarely do these deaths gain the national spotlight.

United States Files Cert Opposition in Great Plains Lending v. CFPB

Here:

US Cert Opp Brief

Cert petition here.

Cert Stage Briefs in Herrera v. Wyoming

2017-10-05 Herrera Cert Petition

Question presented:

Whether Wyoming’s admission to the Union or the establishment of the Bighorn National Forest abrogated the Crow Tribe of Indians’ 1868 federal treaty right to hunt on the “unoccupied lands of the United States,” thereby permitting the present-day criminal conviction of a Crow member who engaged in subsistence hunting for his family.

Additional briefs:

17-532 Amici Brief Indian Law Professors

Crow Tribe Brief

Scholars Brief

Wyoming opposition to Herrera petition

Cert Stage Reply

 

Alaska SCT Affirms Attorney Fees Saga Involving Alaska Native Corporation

Here is the opinion in Merdes & Merdes, P.C. v. Leisnoi, Inc.

An excerpt:

An attorney represented a Native corporation in litigation nearly three decades ago. The corporation disputed the attorney’s claim for fees, and in 1995, after the attorney’s death, the superior court entered judgment on an arbitration award of nearly $800,000 to the attorney’s law firm, then represented by the attorney’s son. The corporation  paid eight installments on the judgment but eventually stopped paying, citing financial difficulties. The law firm sought a writ of execution for the unpaid balance, and the writ was granted. The corporation appealed but under threat of the writ paid $643,760 while the appeal was pending. In a 2013 opinion we held the writ invalid and required the firm to repay the $643,760.

The corporation was never repaid. The original law firm moved its assets to a new firm and sought a stay of execution, averring that the original firm now lacked the funds necessary for repayment. The corporation sued the original firm, the successor firm, and the son for breach of contract, fraudulent conveyance, conspiracy to fraudulently convey assets, violations of the Unfair Trade Practices Act (UTPA), unjust enrichment, and punitive damages. The firm counterclaimed, seeking recovery in quantum meruit for attorney’s fees it claimed were still owing for its original representation of the corporation. 

The superior court granted summary judgment for the corporation on the law firm’s quantum meruit claim and, following trial, found that the son and both law firms fraudulently conveyed assets and were liable for treble damages under the UTPA. The son and the law firms appeal. They argue that the superior court erred in these ways: (1) holding that the quantum meruit claim was barred by res judicata; (2) holding the defendants liable for fraudulent conveyance;(3) awarding damages under the UTPA; and (4) making mistakes in the form of judgment and award of costs. But seeing no error or abuse of discretion in the superior court’s decision of most of these issues, we affirm its judgment, with one exception. We remand for reconsideration of whether all three defendants are liable for prejudgment interest from the same date.

National Indian Law Library Bulletin (11/9/2017)

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 11/9/17.

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Land & Water section, we feature an article about the Trump administration delaying the roll-out of a controversial trust land rule.

U.S. Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2017.html
Mitchell v. Tulalip Tribes of Washington (Tribal Taxation – Real Estate)
Redding Rancheria v. Hargan (Health Insurance – Tribally-funded Program)
Ute Indian Tribe v. Lawrence (Jurisdiction; Breach of Contract)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2017.html
Rocks Off Inc. v. Ute Indian Tribe of the Uintah and Ouray Reservation (Tribal Sovereign Immunity; Jurisdiction)
Coeur D’Alene Tribe v. Johnson (Tribal Court Judgments – Full Faith and Credit)

U.S. Regulatory Bulletin   
http://www.narf.org/nill/bulletins/regulatory/2017.html
The Administration for Native Americans publishes rules relating to funding areas.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
The following bills were added:
H.R.4208: Wildland Fires Act of 2017 (See Sec. 3 Definitions: (5) Indian Tribe)

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2017.html
We feature these articles:
Native Hawaiians wage an ongoing battle to organize into a sovereign nation.
“To further justice in the greater Native American community”: Ethical responsibilities of a tribal attorney in disenrollment disputes.
Hope for Indian tribes in the U.S. Supreme Court?: Menominee, Nebraska v. Parker, Bryant, Dollar General.

Tenth Circuit Issues Slightly Modified Opinion in Murphy v. Royal, Denies En Banc Petition

Here is the order with the corrected opinion, and an opinion concurring in the denial of en banc review from Judge Tymkovich:

Order Denying En Banc Petition

En banc petition stage materials here.

Panel materials here.