Here is the order:
In re Gabriel Galanda v Nooksack Tribal Court Second Order on Motion to Enforce Contempt Order
Author: Matthew L.M. Fletcher
Federal Circuit Materials in Wyandot Trust Case
Here are the materials in Wyandot Nation of Kansas v. United States (Fed. Cir.):
Lower court materials here.
Alex Skibine on “Indians, Race, and Criminal Jurisdiction in Indian Country”
Alexander Skibine has posted “Indians, Race, and Criminal Jurisdiction in Indian Country,” forthcoming in the Albany Government Law Review, on SSRN.
Here is the abstract:
With the possible exception of the Indian Major Crimes Act, the classification of “Indian” for the purposes of the ICCA and the Duro Fix is not “racial” even if it includes non-enrolled people of Indian ancestry with significant connections to tribal communities. Furthermore, although the first prong of the Rogers test should be eliminated on policy grounds, the holding of the Zepeda court that the first prong could be satisfied by proof of blood quantum from any Indian tribe, recognized or not, is highly suspicious, seems to be arbitrary, and boosts the argument that the classification of “Indian” in such cases is a racial classification.
Acknowledging the problems plaguing current law enforcement on Indian reservations, this article has endorsed a position which would allow Indian tribes to determine the meaning of “Indian” for the purpose of the Duro fix. The Article also argued that the universe of “Indians” for the purpose of federal jurisdiction should be limited to enrolled tribal members and those eligible for such membership unless the relevant tribe has enacted precise standards delineating who is an Indian for the purpose of federal jurisdiction on its reservation.
Highly recommended.
Eighth Circuit Affirms Major Crimes Act Conviction; Judge Bright Dissents on Race Discrepancy in Sentencing Issue
Here is the opinion in United States v. Lasley.
Briefs:
An excerpt from Judge Bright’s dissent:
I write to protest the sentencing disparity in this case and the heavy disparity in sentences for other similarly-situated individuals based purely on their race and residence. Appellant-defendant Gordon Lasley (Lasley), an Indian and twenty-six-years old at the time of sentencing, will spend the rest of his life in prison for a conviction of two counts of second-degree murder, but a sentence imposed as though the conviction was for two counts of first-degree murder. This result comes about because our precedent: (1) purports to allow the imposition of the federal sentencing regime to cases under the Major Crimes Act, 18 U.S.C. § 1153 without consideration of sentences imposed and actual time served for similar state-law crimes; and (2) authorizes federal district courts to find a defendant committed a greater offense for the purpose of sentencing when a jury expressly convicts a defendant of the lesser-included offense. The consequence of both precedents is a high probability Lasley will serve a longer sentence than a white citizen because Lasley is an Indian who committed a crime in Indian Country. This disparity resting on Lasley’s status as an Indian is unjust, unfair, and improper for the reasons set forth herein. Thus, Lasley’s sentence should be reversed and remanded.
Patrick O’Donnell’s Bibliography of American Indian Law (3d ed.)
National Indian Law Library Bulletin (8/11/2016)
Here:
| The National Indian Law Library added new content to the Indian Law Bulletins on 8/11/16.
U.S. Courts of Appeals Bulletin U.S. Federal Trial Courts Bulletin News Bulletin Law Review & Bar Journal Bulletin U.S. Regulatory Bulletin |
Brooke Pinkham Joins Seattle U. Law School
Contract Action against Blue Lake Rancheria Dismissed for Failure to Exhaust Tribal Remedies
Here are the materials in Acres v. Blue Lake Rancheria Tribal Court (N.D. Cal.):
Office of the General Counsel for the U.S. Department of Health & Human Services — Attorney Vacancy
Here (IHS Attorney Vacancy Annoucement — August 2016):
The Office of the General Counsel for the U.S. Department of Health & Human Services (OGC) is seeking applications for a general attorney positions in its San Francisco Regional Office. The San Francisco Office of OGC provides legal services to 4 administrative areas of the Indian Health Service (IHS), which delivers health care to American Indians/Alaska Natives. Persons selected for some or all of these positions will have responsibility for providing legal advice and support to the IHS. More information about the positions and the nature of our work is in the attached vacancy announcement.
US Moves to Recuse Federal Judge from Indian Water Rights-Related Matter Due to Bias against Federal Government
Here is the motion in United States v. Walker River Irrigation District (D. Nev.):
Turtle Talk 
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