Keith Harper’s Nomination Resubmitted to Senate

Here.

Diane Humetewa Renominated to Federal Bench

Here.

New Study: “Indian Tribal Government Access to Tax-Exempt Bond Financing”

Edith Brashares and Siobhan O’Keefe have posted “Indian Tribal Government Access to Tax-Exempt Bond Financing” on SSRN.

Here is the abstract:

While prior research focuses on Federal assistance to Native American tribal governments through spending programs, we examine tax incentive use by tribes. Tribal governments can issue tax-exempt bonds where the interest rates are lower because the Federal government does not tax bondholder on the interest they receive. To provide context, we briefly summarize the tax rules for tax-exempt bonds and describe tribal tax-exempt borrowing between 1987 and 2010. These data have not been published previously. Unlike most studies of tax-exempt bonds that examine how much is borrowed, we start by modeling the decision of a tribal government to borrow using tax-exempt bonds. We find tribes with resources, either gaming income or royalties, but that have members in need are more likely to borrow using tax-exempt bonds. Of those tribes that do borrow, the amount increases with the interest rate spread relative to Treasuries, gaming income and per capita income.

AALS Indian Law Section — Tribal Law and Federal Law

Caroline Mayhew, Christine Zuni Cruz, and Alex Skibine

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AALS Hot Topics Session on Adoptive Couple v. Baby Girl

Bethany Berger, our own Kate Fort, and Solangel Maldonado

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AALS Law and Anthropology Section Today

Featuring Allison Dussias, Carole Goldberg, Justin Richland, and Matthew Fletcher!

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Tenth Circuit Amicus Briefs in Chickasaw Nation v. NLRB

Here:

Choctaw Nation Amicus Brief

FINAL Indian Law Scholars Amici Chickasaw v NLRB

NCAI Amicus Brief

UMUT et al amici brief Chickasaw v NLRB

Opening Brief here.

Why Football is Bad … Sorry Commentary from Lansing State Journal about Stanford’s Football Team

Sparty’s playing Stanford today in the Rose Bowl. I don’t care who wins (GO BLUE!), especially since Stanford’s NALSA has invited Wenona and I to campus a couple times. I know it’ll be a good game, a throwback game, with lots of defense and running up the middle and all that good stuff. At least one of the Michigan teams beat friggin’ Ohio.

Still, I thought the commentary below was worth posting, if only for shaming the local newspaper for a ridiculous headline — “Stanford no longer finding intelligence a hindrance”. Wow. Nice work Lansing State Journal.

Stanford Intelligence

Recommended Winter Break Reading — David Wilkins’ “Hollow Justice”

Good stuff. Here:

Hollow Justice

Year-End News Coverage of Nooksack Disenrollments Controversy

Here.

An excerpt:

The 306 people fighting to stay on the Nooksack Indian Tribe’s membership rolls won a rare legal victory recently when Tribal Court Chief Judge Raquel Montoya-Lewis ruled that tribal leaders had violated their rights by denying them $250-per-person Christmas checks that were mailed to everyone else in the 2,000-member tribe.

But the ruling didn’t put any extra presents under anyone’s tree. While Montoya-Lewis ruled that it was illegal to deny the 306 the same treatment as other tribe members before their legal status is determined, she also decided that she had no legal authority to order Chairman Bob Kelly and his supporters on the tribal council to issue checks to anyone.

The episode was one more example of the difficulties that the 306 have faced during the past year, as they try to get courts to block the move to strip them of tribal membership under a process known as disenrollment.