Troy Eid Review of Case & Voluck’s “Alaska Natives and American Laws, 3rd Ed.”

Troy A Eid has published a book review (PDF) of Alaska Natives and American Laws, by David S. Case and David A. Voluck, published in the Alaska Law Review.

An excerpt:

Alaska Natives and American Laws—”Case-Voluck,” for short—has been called the Alaskan equivalent of the late Felix Cohen’s Handbook of Federal Indian Law (“Cohen’s Handbook”), the Bible of the profession. Cohen’s Handbook, a massive work first published in 1941 and revised in recent years by more than three dozen Indian law scholars, itself describes Case-Voluck as a “comprehensive treatise on Alaska Native legal issues.” It is much more than that.

Video: Xeni Gwet’in First Nations Government and Tsilhqot’in Nation v. Province of British Columbia

The Supreme Court of Canada hearings in Xeni Gwet’in First Nations Government and Tsilhqot’in Nation v. Province of British Columbia have been made available on the CPAC website and can be found here.

Fifth Circuit En Banc Petition Materials in Dolgencorp v. Mississippi Band of Choctaw Indians

Here:

DOLGENCORP En Banc Petition

Tribal Response

CA5 panel materials are here.

Supreme Court Denies Grand Canyon Skywalk Development Cert Petition

Here is today’s order list.

Cert petition was here.

Alaska Supreme Court Decides ICWA Active Efforts Appeal

Here is the opinion in Philip J. v. State of Alaska.

Federal Court Remands Cal. Valley Miwok Membership Issues to BIA

Here are the materials in California Valley Miwok Tribe v. Jewell (D. D.C.):

56 Federal Motion for Summary J

83 Intervenor CVMT Response to US Motion

86 Plaintiff CVMT Reply

87 DCT Order Denying Motion for Reconsideration

88 DCT Order on Cross-Motions for Summary J

An excerpt:

For the reasons discussed below, this Court concludes that the Assistant Secretary erred when he assumed that the Tribe’s membership is limited to five individuals and further assumed that the Tribe is governed by a duly constituted tribal council, thereby ignoring multiple administrative and court decisions that express concern about the nature of the Tribe’s governance. Therefore, the Court will grant Plaintiffs’ motion for summary judgment in so far as it seeks remand of the August 2011 Decision and deny the Federal Defendants’ cross motion for summary judgment.

Prior posts are here, here, and here.

Lorinda Riley on the Federal Recognition Process

Lorinda Riley has published “Shifting Foundation: The Problem with Inconsistent Implementation of Federal Recognition Regulations” (PDF) in the NYU Review of Law & Social Change.

Here is the abstract:

The establishment of federal recognition is the cornerstone of federal Indian law. All rights, including criminal jurisdiction, tax status, gaming rights, and hunting and fishing rights, stem from this initial acknowledgment. Yet prior law review articles have focused only on the overarching process of federal recognition without closely examining the actual administrative findings of the Department of the Interior.

This article will provide an in-depth examination of the regulations governing whether an Indian entity is entitled to the benefits of a government-to-government relationship with the United States. Specifically, this article examines the regulatory process for filing a federal recognition petition and critiques four of the criteria that petitioning Indian entities consistently fail to meet. By reviewing Department of the Interior decisions, this article demonstrates the inconsistencies in regulatory interpretations and guidance documents as well as the inherent biases in the current regulatory framework.
Finally, the article discusses potential solutions to these problems and identifies the first step necessary in order to fully understand the depth of this regulatory issue.

New Scholarship on Montana Indian Students and the “Prison Pipeline”

Melina Angelos Healey has published “The School-to-Prison Pipeline Tragedy on Montana’s American Indian Reservations” in the NYU Review of Law & Social Change.

Here is the description:

American Indian  adolescents in Montana are caught in a school-to-prison pipeline. They are plagued with low academic achievement, high dropout, suspension and expulsion rates, and disproportionate contact with the juvenile and criminal justice systems.  This phenomenon has been well documented in poor, minority communities throughout the country. But it has received little attention with respect to the American Indian population in Montana, for whom the problem is particularly acute. Indeed, the pipeline is uniquely disturbing for American Indian youth in Montana because this same population has been affected by another heartbreaking and related trend: alarming levels of adolescent suicides and self-harm.

The statistical evidence and tragic stories recounted in this report demonstrate beyond doubt that American Indian children on the reservations and elsewhere in Montana are moving into the school-to-prison pipeline at an alarming and tragic rate. The suicides of so many children is cause for despair, and the complicity of the education system in those deaths, whether through deliberate actions or through inattention, is cause for serious self-reflection and remediation. This article has been written in the hope that the people of Montana, government officials at all levels, teachers and school administrators, and public interest lawyers will have some of the information they need to take action. Despair, prison, and untimely death should not and need not be the ending places of public education for our most vulnerable children.

Not Guilty Verdicts in Akwesanse Mohawk Illegal Gambling Prosecution

Here are the materials in United States v. Laughing/Jock/Square (N.D. N.Y.):

154 US Trial Brief

165 Laughing Trial Brief

168 Jock Trial Brief

225 Not Guilty Verdict

Earlier materials posted here.

News coverage here and here.