Ahniwake Rose: “Why Aren’t We Talking About Native American Students?”

From Education Week, here.

An excerpt:

It’s more than a little upsetting that in more than three hours of testimony before Congress on her nomination to be the new U.S. secretary of education, neither Betsy DeVos nor the members of Congress grilling her said anything—not a single word—about a cohort of more than a half-million American students who will fall under the Department of Education’s remit.

That group? Native American students.

Keith Harper: “The Importance of Judicial Contempt Proceedings in a Trump Era”

From Just Security, here.

An excerpt:

This brings us back to the peculiarities of President Trump and his administration.  The United States has a long history, going back to Marbury v. Madison, of courts deciding what the law is and enforcing lawful decisions.  And other than the occasional aberration such as President Andrew Jackson’s refusal to enforce the decision of Chief Justice John Marshall in the Cherokee Nation cases in the early 1830s, judicial decrees have reigned supreme, and through their regular and systematic enforcement established this as a nation governed by the rule of law. That system of rules and norms is a critical stabilizing force for sound democratic governance.

 

Two New Symposium Issues on Indigenous Law

Here is the symposium from the McGill Law Journal:

Indigenous Law and Legal Pluralism
ARTICLES
not availableIntroduction: Moving from the Why to the How of Indigenous Law
Fraser Harland 721
Val Napoleon and Hadley Friedland 725
Robert YELḰÁTTE Clifford 755
John Borrows 795
Aaron Mills 847
Sébastien Grammond et Christiane Guay 885
Geneviève Motard 907
Kirsten Manley-Casimir 939
Lara Ulrich and David Gill 979

Here is the symposium from the Windsor Yearbook of Access to Justice:

VOL 33, NO 1 (2016): WINDSOR YEARBOOK OF ACCESS TO JUSTICE

Special Issue: Indigenous Law, Lands and Literature

Continue reading

New Scholarship on the Sixth Circuit’s NLRB Tribal Jurisdiction Cases

Riley Plumer has published “Overriding Tribal Sovereignty by Applying the National Labor Relations Act to Indian Tribes inSoaring Eagle Casino and Resort v. National Labor Relations Board” in Law & Inequality.

 

News Release: Statement of Acting Assistant Secretary Michael S. Black on the Standing Rock Sioux Tribe and BIA Law Enforcement Assistance

Here:

Press Release

Ceiba Legal Awarded Attorney Fees After Successful Defense of RICO/Lanham Act Actions

Here are the materials in Elem Indian Colony of Pomo Indians of the Sulphur Bank Rancheria v. Ceiba Legal (N.D. Cal.):

70 Motion for Atty Fees

75 Response

79 Reply

83 DCT Order

Lower court materials here.

 

D.C. Circuit Briefs in Tuttle v. Jewel

Here:

Tuttle Brief

US Brief

Tuttle Reply

Lower court materials here.

Ninth Circuit Denies Emergency Demand to Restore Travel Ban

Details at the Immigration Law Blog.

Judge Canby still serves on the Ninth Circuit’s motions panel and had a hand in this. He’s a hero.

New Commentary on Standing Rock

Here is “Standing Rock and the Erosion of Tribal Rights.”

Gorsuch Nomination Update

The Library of Commerce has published a bibliography of Judge Gorsuch’s writings here.

No, young Neil did not form a Fascism Forever club in school.