American Indian Law Journal (Seattle Law) Call for Papers

The American Indian Law Journal, published by the Seattle University School of Law, is currently accepting submissions for potential publication in the spring issue.  The American Indian Law Journal serves as a vital online resource providing high quality articles on issues relevant to Indian law practitioners and scholars across the country. The deadline for submissions for the spring issue is December 15, 2014. The editing process for publication begins soon after this date.

The American Indian Law Journal accepts articles and abstracts for consideration from students, practitioners, and law school faculty members.  For more information or to submit an article, please contact Jillian Held, Content Editor, at heldj@seattleu.edu.

D.C. Circuit Rules against Menominee Tribe in Equitable Tolling Appeal

Here is the opinion in Menominee Tribe v. United States.

An excerpt:

Delays caused by a party’s inauspicious legal judgments are not “extraordinary circumstance[s]” sufficient to justify equitable tolling. Faced with a variety of reasonable litigation options, the Menominee Tribe chose to wait and see if more favorable law would appear. In so doing, the Tribe allowed its claims to expire. Because we find that no obstacle stood in the Menominee Tribe’s way of bringing the claims within the limitations period, the judgment of the district court is affirmed.

Briefs and lower court materials here.

D.C. Circuit Rules against Menominee Tribe in Equitable Tolling Appeal

Here is the opinion in Menominee Tribe v. United States.

An excerpt:

Delays caused by a party’s inauspicious legal judgments are not “extraordinary circumstance[s]” sufficient to justify equitable tolling. Faced with a variety of reasonable litigation options, the Menominee Tribe chose to wait and see if more favorable law would appear. In so doing, the Tribe allowed its claims to expire. Because we find that no obstacle stood in the Menominee Tribe’s way of bringing the claims within the limitations period, the judgment of the district court is affirmed.

Briefs and lower court materials here.

NPR Story on Indian Child Welfare Human Rights Crisis in South Dakota

Here is “Justice Department Supports Native Americans In Child Welfare Case.”

Free MIFPA Training — Sept. 25, 2014

Here: 092514 PA Final

SCAO-Child Welfare Services is hosting a FREE live training program, The Michigan Indian Family Preservation Act Changes the Game: Turning ICWA from Chess to Checkers, in Grand Rapids on Thursday, September 25, 2014.

Update in Massachusetts Suit over Gaming on Martha’s Vineyard

Here are the new materials in Commonwealth of Massachusetts v. Wampanoag Tribe of Gay Head (Aquinnah) (D. Mass.):

37 Aquinnah Community Association Motion to Intervene + Proposed Complaint

39 Town of Aquinnah Motion to Intervene

41 Wampanoag Opposition to Town Motion

42 Wampanoag Opposition to Community Association Motion

48 Town Reply

50 Aquinnah Reply

60 Tribe Motion to Dismiss

62 Tribe Rule 19 Motion to Dismiss

Prior posts here and here.

Update in Massachusetts Suit over Gaming on Martha’s Vineyard

Here are the new materials in Commonwealth of Massachusetts v. Wampanoag Tribe of Gay Head (Aquinnah) (D. Mass.):

37 Aquinnah Community Association Motion to Intervene + Proposed Complaint

39 Town of Aquinnah Motion to Intervene

41 Wampanoag Opposition to Town Motion

42 Wampanoag Opposition to Community Association Motion

48 Town Reply

50 Aquinnah Reply

60 Tribe Motion to Dismiss

62 Tribe Rule 19 Motion to Dismiss

Prior posts here and here.

Federal Court Dismisses & Remands Silvia Burley/California Miwok Challenge to Foreclosure of Tribal Building

Here are the materials in Burley v. OneWest Bank (E.D. Cal.):

14 Onewest Bank Response to Order to Show Cause

15 Burley Response to Order to Show Cause

17 DCT Order

Prior post with materials here.

Federal Court Rules in Favor of Interior and Lower Klamath River Tribes in Water Dispute

Here are the materials in San Luis & Delta-Mendota Water Authority v. Jewell (E.D. Cal.):

95 First Amended Complaint

113 Water Districts Motion for Summary J

116 Pacific Coast Federation of Fisherman Opposition

118 Hoopa Opposition

119 Yurok Opposition

120-1 US Opposition

122 California Amicus Opposition

125 Water Districts Reply

132 Pacific Coast Federation of Fishermen Reply

133 Hoopa Reply

134 Yurok Reply

135 US Reply 

175 DCT Order

News coverage here: “Judge won’t stop emergency water releases helping Klamath Basin salmon.”

UPDATE 10/8/14:

181 DCT Order on Cross Motions for Summary J