Cert Petition in Washington State Dept. of Licensing v. Cougar Den Inc.

Here:

Cert Petition

Questions presented:

Whether the Yakama Treaty of 1855 creates a right for tribal members to avoid state taxes on off-reservation commercial activities that make use of public highways.

Lower court materials here.

UPDATE (8/23/17):

Cougar Den Cert Opp

UPDATE (9/6/17):

Reply

 

National Indian Law Library Bulletin (6/21/2017)

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 6/21/17.

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2016-2017update.html
Opinion was issued in Matal v. Tam (Trademarks; Free Speech) on 6/19/17.

U.S. Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2017.html
French v. Starr (Tribal Jurisdiction; Eviction)
Darnell v. Merchant (Witnesses)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2017.html
In Interest of L.M.B. (Indian Child Welfare Act – Expert Witnesses)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Culture and Tradition section, we feature an article about the U.S. Supreme Court decision striking down a ban on disparaging trademarks.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2017.html
The following articles were added:
Bringing it home: North American genocides.
The model tribal probate code: Opportunity to correct the problems of fractionation and legacy of the Dawes Act.
The Indian Health Service: Barriers to health care and strategies for improvement.
Casting a wide net: Why it is incumbent upon the Environmental Protection Agency to expand the scope of its cost-benefit analysis to include Native American populations and cultural fishing practices in the aftermath of Michigan v. EPA.
Changing currents: Climate change and stakeholder involvement in the Colorado River basin.
The Antiquities Act & national monuments: Analysis of geological, ecological, & archaeological resources of the Colorado Plateau.

Bob Chang: “Derogatory trademarks aren’t about free speech. They’re about discrimination.”

From WaPo, here.

Second Circuit Rejects MGM Challenge to Connecticut Gaming Law

Here are the materials in MGM Resorts International v. Malloy:

CA2 Opinion

MGM Brief

Connecticut Brief

Reply

Tenth Circuit Dismisses Nonmember Challenge to Tribal Court Jurisdiction for Lack of Article III Standing (Nonmember Won on the Merits in Tribal Court)

Here is the unpublished opinion in Board of Education for Gallup-McKinley Schools v. Henderson.

Briefs and lower court materials here.

Federal Manslaughter Conviction Stands over Alleged Bad Acts by Rocky Boy’s Police Officer

Here are the materials in United States v. Henderson (D. Mont.):

74 Motion to Set Aside Verdict

80 Response

87 DCT Order

An excerpt:

The Court agrees with Henderson that if the jury would have heard the undisclosed impeaching evidence relating to Cabanas, they may have changed the way they viewed Cabanas’s testimony. The Court finds, however, that the absence of such evidence had no impact on the jury’s verdict given the relative insignificance of Cabanas’s testimony compared to the other witnesses, and the overwhelming weight of evidence against Henderson provided by other witnesses.

Georgia Appellate Court Vacates Arbitration Award against Guidiville Band of the Pomo Indians

Here is the opinion in Churchill Financial Management Corp. v. ClearNexus Inc. (Ga. Ct. App.):

Ga Ct App Opinion

An excerpt:

Most courts that have addressed this issue have determined that tribal sovereign immunity extends to entities known as chartered tribal corporations when they are “arms of the tribe.” Whether a corporation is an “arm of the tribe” protected by tribal sovereign immunity generally is determined based on a consideration of tribal involvement in the creation and control of the entity, intent to clothe the entity with immunity, and whether the entity serves tribal sovereign interests such as economic development.

Although neither the arbitrator nor the superior court engaged in an analysis based on any factors to determine whether Churchill is an arm of the Tribe, ClearNexus has conceded that Churchill is an arm of the Tribe. Additionally, Churchill’s articles of incorporation stated that “[t]he Corporation shall be wholly owned by the Tribe for the benefit of the Tribe and its members” and is clothed with the immunity of the Tribe. Therefore, we need not adopt a particular approach to determine this issue at this time, and we need not remand in order for the superior court to make this determination.

Nooksack Casino Closes after NIGC Issues NOV

Here is the NOV. NIGC presser here.

News coverage here and here.

National Indian Law Library Bulletin (6/16/2017)

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 6/16/17.

U.S. Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2017.html
Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers (Oil Pipeline – Environmental Impacts)
United States v. Gila Valley Irrigation District (Indian Water Rights)
Wyandot Nation of Kansas v. United States (Fiduciary Duty)
Finn v. Great Plains Lending, LLC (Tribal Sovereign Immunity)
California Valley Miwok Tribe v. Zinke (Official Tribal Government; Tribal Membership)

Tribal Courts Bulletin
http://www.narf.org/nill/bulletins/tribal/2017.html
Tupling v. Kruse (Child Custody)
DiMartino v. Mashantucket Pequot Tribal Nation (Arrest – Use of Force)
Jerred v. Colville Confederated Tribes (Domestic Violence)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2017.html
Jude M. v. State of Alaska (Indian Child Welfare Act – Child in Need of Aid)
Aron Security, INC. v. Unkechaug Indian Nation (Tribal Sovereign Immunity)
In re JJW and ELW, Minors. In re Williams, Minors. (Indian Child Welfare Act – Placement)
Gila River Indian Community v. Department of Child Safety  (Indian Child Welfare Act – Transfer to Tribal Court)

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2017.html
We feature a notice of the Department of Health & Human Services, Centers for Disease Control, regarding a consultation meeting with tribes.

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Health & Welfare section, we feature an article about U.S. legislation proposed to combat Native American veteran homelessness.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2017.html
The following articles were added:
Truth and reconciliation commissions: A needed force in Alaska?
Indian country complexities and the ambiguous state of marijuana policy in the United States.
Responsible resource development and the prevention of sex trafficking: Safeguarding Native women and children on the Fort Berthold Reservation.
An offensive mark on offensive lines: The question of violating the First Amendment through cancellation of the Washington Redskin’s trademark.
Trust or bust: Complications with tribal trust obligations and environmental sovereignty.
Balancing the fishes’ scales: Tribal, State, and Federal interests in fishing rights and water quality in Maine.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
Five bills were added:
S.1333: A bill to provide for rental assistance for homeless or at-risk Indian veterans.
H.R.2860: To amend title II of the Social Security Act to permit American Indian tribal councils to enter into agreements with Commissioner of Social Security to obtain social security coverage for services performed by tribal council members.
H.R.2915: To repeal section 3003 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Save Oak Flat Act).
S.1272: Drone Federalism Act of 2017.
S.1309: A bill to amend title II of the Social Security Act to permit American Indian tribal councils to enter into agreements with the Commissioner of Social Security to obtain social security coverage for services performed by tribal council members.

Lawrence Roberts: “Trump Budget Proposal Leaves Tribes On Their Own” (Law360)

Here.