Eighth Circuit Affirms Major Crimes Act Child Abuse Conviction

Here is the opinion in United States v. White Plume.

National Indian Law Library (2/1/2017)

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 2/1/17.

U.S. Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2017.html
Jones v. United States (Bad Men Treaty Provision)
United States v. Barnes (Oklevueha Native American Church; Marijuana Manufacturing)
Consumer Financial Protection Bureau v. Great Plains Lending, LLC (Tribal Sovereign Immunity – Consumer Lending)
United States v. Bear (Criminal Jurisdiction)

Tribal Courts Bulletin
http://www.narf.org/nill/bulletins/tribal/2016.html
Deserly v. Fort Peck Tribes (Tribal Court Jurisdiction; Healing to Wellness Court)
In re S.B.H. (Child Welfare – Custody; Child Support)
Crofford v. Baker (Employment Termination)
Luond v. Mashantucket Pequot Gaming Enterprise (Employment Termination)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Intergovernmental section, we feature some stories about the newly appointed Justice to the U.S. Supreme Court and his impacts on American Indian law issues.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2017.html
We feature a rule from the Department of Interior, Indian Gaming Commission, regarding Privacy Act procedures.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2017.html
Here are the articles featured this week:
Protecting vulnerable children in Indian Country: Why and how the Violence Against Women Reauthorization Act of 2013 should be extended to cover child abuse committed on Indian reservations.
Oral tradition and the Kennewick man.
Assessing political economy in Native American nations.
A legal practitioner’s guide to Indian and tribal law research.
Why the Religious Freedom Restoration Act cannot protect sacred sites.
Money is for nothing: The inherent want of consideration found in substantial exclusivity terms within tribal-state compacts.
A silent epidemic: Revisiting the 2013 Reauthorization of the Violence Against Women Act to better protect American Indian and Alaska Native women.
Complex adaptive peacemaking: How systems theory reveals advantages of traditional tribal dispute resolution methods.
Constitutional law—the reaffirmation of the lack of Sixth Amendment protections for indigent Native American defendants in Tribal court proceedings United States v. Bryant, 136 S. Ct. 1954 (2016).
Indians, tribes, and (federal) jurisdiction.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
One bill was added this week.
S.245: A bill to amend the Indian Tribal Energy Development and Self Determination Act of 2005, and for other purposes.

Neil Gorsuch Indian Law Record as Tenth Circuit Judge

Here are Judge Gorsuch’s Indian law decisions (to be updated as we add details — most recently updated 12:03 12:17 PM eastern):

United Planners Financial Services v. Sac and Fox Nation, 654 Fed.Appx. 376 (10th Cir. 2016) (favoring tribal interests in tribal exhaustion matter)

Ute Indian Tribe v. Myton, 835 F.3d 1255 (10th Cir. 2016)(favoring tribal interests in state-tribal criminal jurisdictional disputes)

Ute Indian Tribe v. State of Utah, 790 F.3d 1000 (10th Cir. 2015) (favoring tribal interests in state-tribal criminal jurisdictional disputes: “In our layered system of trial and appellate courts everyone’s assured at least two chances to air a grievance. Add to this the possibility that a lawsuit might bounce back to the trial court on remand or even rebound its way to appeal yet again — or the possibility that an issue might win interlocutory review — and the opportunities to press a complaint grow abundantly. No doubt our complex and consuming litigation wringer has assumed the shape it has so courts might squeeze as much truth as possible out of the parties’ competing narratives. But sooner or later every case must come to an end. After all, that’s why people bring their disputes to court in the first place: because the legal system promises to resolve their differences without resort to violence and supply “peace and repose” at the end of it all. S. Pac. R.R. Co. v. United States, 168 U.S. 1, 49 (1897). For a legal system to meet this promise, of course, both sides must accept — or, if need be, they must be made to respect — the judgments it generates. Most people know and readily assent to all this. So it’s pretty surprising when a State and several of its counties need a reminder. But that’s what this appeal is all about.”).

United States v. Rentz, 777 F.3d 1105 (10th Cir. 2015) (en banc) (affirming Indian country criminal conviction)

Nowlin v. United States, 581 Fed.Appx. 722 (10th Cir. 2015) (rejecting pro se claim by Indian convict)

Yellowbear v. Lampert, 741 F.3d 48 (10th Cir. 2014) (favoring Indian prisoner in religious freedom matter)

Fletcher v. United States, 730 F.3d 1206 (10th Cir. 2013) (favoring individual Indians in trust dispute with federal government)

Gardner v. Arrowichis, 543 Fed.Appx. 891 (10th Cir. 2013) (rejecting pro se ICRA habeas claim)

Somerlott v. Cherokee Nation Distributors, Inc., 686 F.3d 1144 (10th Cir. 2013) (ruling in favor of tribal interests on procedural grounds but holding tribal corporation not immune from suit) (Gorsuch filed concurring opinion explaining in more detail why tribal corporation not immune; “Of course, Indian tribes are entitled to sovereign immunity absent congressional abrogation. See Kiowa Tribe of Okla. v. Mfg. Techs., Inc., 523 U.S. 751, 759, 118 S.Ct. 1700, 140 L.Ed.2d 981 (1998). And, of course, this immunity is not limited by the type of activity involved or where it takes place. Id. at 758, 118 S.Ct. 1700. But no matter how broadly conceived, sovereign immunity has never extended to a for-profit business owned by one sovereign but formed under the laws of a second sovereign when the laws of the incorporating second sovereign expressly allow the business to be sued. And it doesn’t matter whether the sovereign owning the business is the federal government, a foreign sovereign, state—or tribe.“).

Hydro Resources, Inc. v. EPA, 608 F.3d 1131 (10th Cir. 2010) (en banc) (ruling against tribal interests and EPA in “Indian country” jurisdiction dispute)

Yellowbear v. Attorney General, 380 Fed.Appx. 740 (10th Cir. 2010) (rejecting habeas claim of Indian prisoner on jurisdictional grounds)

Swimmer v. Sebelius, 364 Fed.Appx. 441 (10th Cir. 2010) (dismissing IHS employee’s Title VII complaint for procedural reasons)

Four Corners Nephrology Associates PC v. Mercy Medical Center of Durango, 582 F.3d 1216 (10th Cir. 2009) (favoring medical center servicing Indian country clients in antitrust claim)

United States v. Dolan, 571 F.3d 1022 (10th Cir. 2009) (affirming sentence of Indian convicted of assault)

United States v. Taylor, 514 F.3d 1092 (10th Cir. 2008) (affirming conviction of Indian for assault even where prosecutor had made inappropriate statements: “During opening statements at Johnson Kenneth Taylor’s trial arising out of a fight that he initiated on the Southern Ute Indian Reservation, the prosecutor urged the jury to convict Mr. Taylor in order to “end the cycle of violence” on the reservation. . . . There is no question that the prosecutor’s remark was inappropriate. The jury’s role in a criminal trial is to find facts related to the defendant’s innocence or guilt, a function in which prosecutorial appeals to the resolution of social ills play no useful role. Nevertheless, because Mr. Taylor expressed no dissatisfaction with the ameliorative course adopted by the district court, we are able to review the district court’s failure to issue either a mistrial or further corrective instruction sua sponte only for the presence of plain error. Discerning none, we affirm.“).

United States v. Poole, 545 F.3d 916 (10th Cir. 2008) (affirming Indian country criminal conviction)

United States v. Tucson, 248 Fed.Appx. 959 (10th Cir. 2007) (ruling against Indian country illegal drugs defendant)

Pino v. United States, 507 F.3d 1233 (10th Cir. 2007) (certifying state law question in wrongful death action against IHS)

Here are decisions in which Judge Gorsuch participated but did not write opinion:

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How Is This Not the Most Degrading Moment in the History of the Federal Judiciary?

Here is “It’s ‘The Apprentice, Supreme Court Edition,’ as Trump Summons Finalists to White House.”

The nominees should walk away from this spectacle with their dignities intact.

Justice Sotomayor on Diversity at Michigan Law School (and all law schools)

Here is “Justice Sotomayor says lack of black students at UM ‘a real problem.'” HT How Appealing.

An excerpt:

“We are making large improvement towards that kind of equality, but we’re still far from it when you look at the number of African Americans at the University of Michigan, there’s a real problem there,” Sotomayor said.

 

Effort to Reopen Keepseagle Settlement Fails

Here is the opinion in Smallwood v. Yates (D.D.C.):

smallwood-v-yates

NYTs Profile of One Mind Youth Movement

Here is “The Youth Group That Launched a Movement at Standing Rock.”

Tribal Amicus Brief in Challenge to EPA Mercury Rule

Here is the brief in Murray Energy Corp. v. EPA (D.C. Cir.):

tribal-amicus-brief

Tribal Amicus Brief FINAL

Fred Kiogima: “Guest commentary — Tribe’s lawsuit is not about taking property”

In the Petoskey News-Review here.

An excerpt:

In closing, Mr. Carlson, as you are a former mayor of Petoskey and a contributing columnist for the Petoskey News-Review, you should be well aware that facts are the most important detail. Mr. Carlson, I can assure you that the Odawa are a resilient people. We have been here for tens of thousands of years. We are Anishinaabek (the original people). Our language is Anishinaabemowin and we strive every day to not forget who we are and pass it on to our binoojiinhak (children).

As Americans, we have just witnessed a divisive and racially charged presidential election. We in Northern Michigan should strive to be more neighborly, inclusive and understanding of each other. We work together, pray together, suffer together, our children even play together. The Odawa language is taught in high school and at North Central Michigan College.

Yes, we are family, and if we all strive to be good and better neighbors, listen and learn from one another without judgment, then we all win.

Mino-biimadziwin.