Condorcet Poll on Indian Law and Order Act Commission Recommendations

So the ILOC report is out today. Please take a few minutes to use this Condorcet poll to ILOC Reportrank the various recommendations in order of importance. I’m sure it’ll be an interesting exercise — perhaps useful, if not entirely scientific.

Couple things. This is a ranking poll, not a winner take all poll. So rank your choices, and don’t worry about who the single winner might be,

The poll is here.

Results Thursday morning.

Federal Court Dismisses Former Ute Employee’s Employment Contract Claims

Here are the materials in Becker v. Ute Indian Tribe of the Uintah and Ouray Reservation (D. Utah):

7 Ute Motion to Dismiss

17 Ute Motion to DQ Counsel

26 DCT Order Denying Motion to DQ Counsel

32 DCT Order Dismissing Complaint

An excerpt:

Because plaintiff’s complaint does not, on its face, plead causes of action created by federal law, and because the plaintiff’s causes of action do not include, as an essential element, any right or immunity created by federal law, the court concludes that plaintiff’s claims do not meet the “arising under” standard for federal-question jurisdiction and that the court is therefore without jurisdiction to hear plaintiff’s claims. Accordingly, the court GRANTS defendants’ motion to dismiss for lack of subject-matter jurisdiction and DISMISSES plaintiff’s amended complaint.

On what must have been a slow news day we posted the complaint here.

Opening Eleventh Circuit Brief in Inetianbor v. Cashcall

Here:

Cashcall Opening Brief

Lower court materials here.

Indian Law and Order Commission Report Released Today

News coverage here.

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Ninth Circuit Briefs in Pala Disenrollment Appeal — Allen v. Smith

Here:

(August 9 2013) Appellants_ Opening Brief

Answering Brief 11-8-13

Lower court materials here.

NCAI Press Events During Week of White House Tribal Nations Conference

NCAI Press Events During Week Of White House Tribal Nations Conference

Indian Law and Order Commission Press Conference

WASHINGTON, DC: The National Congress of American Indians (NCAI) is pleased to announce a series of events surrounding the November 13, 2013 White House Tribal Nations Conference. The Conference gives the White House the opportunity to interact with tribal leaders from across Indian Country and the concentration of tribal leaders in Washington, DC allows Native and non-Native allies to discuss a wide variety of policies facing Native peoples.

Many inches and much airtime have been given to the debate over the name of the Washington, DC football team. The White House meeting and the preceding events on November 12th are an opportunity for members of the media and the general public to become more acquainted with the diverse scope of issues currently under debate and review in Indian Country.

NCAI will hold a Tribal Leaders Preparatory Meeting prior to the Conference on November 12th. The meetings are not open to press. However, there will be a press conference at 12:30pm and additional time set aside for connecting with tribal leaders.

The Indian Law and Order Commission, the national advisory board to the President and Congress on criminal justice issues created by the Tribal Law and Order Act, will hold a lunchtime press conference to release a new report, “Strengthening Justice for Native America: A Roadmap.” The report, one of the most comprehensive such studies ever undertaken, details the public safety crisis in Indian Country and recommends specific legal and policy reforms.  “American Indian and Alaska Native communities and lands are often more dangerous than the rest of our country, and outmoded federal laws and policies are largely to blame,” stated Commission Chairman Troy Eid. “The Commission’s recommendations seek to eliminate the public safety gap that threatens so much of Native America.” The report will be made available to press during the event.

Continue reading →

Environmentalist Groups Challenge to Ocotillo Wind Energy Project Fails

Here are the materials in Protect our Communities Foundation v. Salazar (S.D. Cal.):

25-1 Protect Our Communities Motion for Summary J

28-1 Goverment Cross Motion

30-1 Ocotilla Cross Motion

41 DCT Order Granting Summary J for Government

Materials on the Quechan Tribe’s efforts are here.

Miccosukee Moves for Reconsideration of Dismissal of RICO Suit against Billy Cypress et al.

Here:

283 Miccosukee Motion for Reconsideration

284 Lewis & Tein Opposition

285 Lehtinen Opposition

Dismissal materials here.

Gila River Indian Community Posting for Chief Prosecutor

Here.

Tsilhqot’in Nation Aboriginal Rights Case in Canada Supreme Court Today — William v. R.

Here are the materials.

Briefs/factums here.

News coverage here.