Native America Calling Show on the Death Penalty

Here.

The show featured two of my favorite people — Catherine Grosso, MSU law prof, and Tamera Begay, a Navajo member who is two days away from graduating from MSU law school.

DOJ Access to Justice Initiative Case Study on Indian Legal Services

Here is “Civil Legal Aid Helps Federal Efforts on Behalf of Tribes and Tribal Members.”

Complaint in Remnant Yuchi Tribe v. Cooper

Here:

1 Complaint

Complaint in South Dakota Network LLC v. Oglala Sioux Tribe Utilities Commission

Here:

1 Complaint

Congrats to Jeremy Brave-Heart, New Klamath Chief Judge

Here is “Tribal chief judge sworn in — Judge Jeremy Brave-Heart travels monthly to Chiloquin court.”

Izhaadaa giizhigowande!

Federal Court Rules Insurance Dispute May Proceed in Tribal Court

Here are the materials in Amerind Risk Management Co. v. Blackfeet Housing (D. N.M.):

18 Blackfeet Motion to Dismiss

23 Response

34 Reply

36 DCT Order

An excerpt:

THIS MATTER comes before the Court upon a Motion to Dismiss for Failure to State a Claim, filed on March 23, 2015 by Blackfeet Housing and Blackfeet Limited Partnerships (―Blackfeet Housing‖ or ―Defendants‖), #1-#4 (Doc. 17). Having reviewed the parties‘ briefs and applicable law, the Court finds that Defendants‘ motion is well-taken on the grounds that the Court lacks subject matter jurisdiction over this case, but denies the motion with regard to the other grounds for dismissal raised by Defendants

New Mexico SCT Holds Cross-Deputized Tribal Officer Covered by New Mexico Tort Claims Act When Enforcing State Law

Here is the opinion in Loya v. Gutierrez.

An excerpt:

Given New Mexico’s highways that traverse both state and tribal lands, it is not uncommon that a tribal police officer patrolling those highways may be commissioned as a deputy county sheriff to arrest non-Indians and prosecute them in state court when they commit state traffic offenses on tribal land. In light of those recurring facts, we determine a county’s legal obligation when a non-Indian, arrested by a tribal officer and prosecuted in state court for state traffic offenses, sues the arresting tribal officer for federal civil rights violations. More particularly, we decide when the county has an obligation under the New Mexico Tort Claims Act, NMSA 1978, §§ 41–4–1 to –29 (1976, as amended through 2009) (NMTCA), to provide that tribal police officer with a legal defense in the federal civil rights action. The district court as well as our Court of Appeals found no such legal duty, in part because it concluded that the tribal officer was not a state public employee as defined in the NMTCA. We hold to the contrary, finding clear evidence in the text and purpose of the NMTCA requiring the county to defend the tribal officer, duly commissioned to act as a deputy county sheriff, under these circumstances endemic to the New Mexico experience.

We now have the briefs (5/21/15):

County Answer Brief

Gutierrez Brief in Chief

Gutierrez Reply Brief

Gutierrez Response to NMAC Brief

Gutierrez Supplemental Authorities Letter

NMAC Amicus Brief

Wisconsin Lawyer Publishes Two Articles on Indian Law

Here:

Rebecca Webster, Andrew Adams, and David Armstrong’s “An Introduction: American Indian Tribes and Law in Wisconsin.”

A description:

  • Whether your practice overlaps with tribal law, this general orientation will help Wisconsin lawyers understand the history and current status of American Indians and their tribes’ self-governance and law in the United States. The authors provide contact information for Wisconsin’s 11 tribes for lawyers interested in gaining admission to practice in tribal courts.

Bonnie Shusha’s “Engaging the Third Sovereign: The Nature, Reach, and Sources of Tribal Law

A description:

  • Although not all tribal law is easily accessible, you can find what is available to the public with this handy guide from U.W. law librarian Bonnie Shucha.

Charles Edwardsen Walks On

Here is “‘Etok’ Edwardsen, impassioned Native land settlement activist, dies.

New Scholarship on Tribal Disenrollments

Arizona Law Review announces its publication of Galanda and Dreveskracht’s piece entitled Curing the Tribal Disenrollment Epidemic: In Search of a Remedy, which has been described as “a must read for all of Indian country” by Indian law scholar Robert A. Williams, Jr. Please see the press release for additional information.