Here are the Tenth Circuit briefs so far in State of Oklahoma v. Hobia:
Brief Amicus Curiae State of NM (filed 1-25-13) (W1843673)
State of Michigan Amicus Brief
Filed Brief of the Appellee (1-25-13) (W1843503)
Lower court materials here.
Author: Matthew L.M. Fletcher
James Anaya at Colorado Law on Indigenous Peoples in the United States
From ICT.
An excerpt:
James Anaya, a United Nations fact-finder, has learned that vibrant Indian cultures are often invisible in the United States mainstream and that problems of Indians today seem trivial to U.S. citizens who tend to believe Natives and Native issues exist only in the distant past.
Another excerpt:
Read more at http://indiancountrytodaymedianetwork.com/2013/01/28/anaya-urges-presidential-support-apology-147285On a personal note that illustrated the here-and-now of Native concerns, Anaya said he’d received a letter from a 15-year-old student attending high school near the Rosebud Sioux (Sicangu Lakota) Reservation in South Dakota.
“Life here is very hand-to-mouth,” the student wrote. “I’m going to be honest with you—sometimes I don’t eat. I’ve never told anyone this before, not even my mom, but I don’t eat sometimes because I feel bad about making my mom buy food that I know is expensive.
“And you know what? Life is hard enough for my mom, so I will probably never tell her.”
Anaya gave the Thomson Visitor Lecture as part of the 2012-2013 Speaker Series of the American Indian Law Program.
Cherokee Scholars Stand with Idle No More
Here.
From the always excellent Tsalagi Think Tank blog.
US Administrative Conference Recommends Repeal/Reform of 28 U.S.C. § 1500
Here are background materials.
Department of Justice opposes, which is unfortunate, given that the Department specifically asked for tribal comments on the proposal to repeal or reform the statute.
Opening Briefs in Alabama Supreme Court Case where Plaintiff and State Challenging Poarch Band Sovereignty under Carcieri
Here are the materials so far in Rape v. Poarch Band of Creek Indians:
Update: Hildreth Motion for Leave to File Amicus [Escambia County]
The case arises from a jackpot claim at the tribal casino.
Fifth Circuit Briefs in Miss. Band Choctaw Tribal Court Jurisdiction Matter
Here are the briefs so far in Dolgencorp. Inc. v. Mississippi Band of Choctaw Indians:
UPDATE (3/4/13): Dolgencorp Reply Brief
Lower court decision and materials here.
Florida Court of Appeal Decides Land Use Claim involving Seminole Tribe
Here is the opinion in Seminole Tribe of Florida v. Hendry County, Fla.
An excerpt:
On September 14, 2011, the Seminole Tribe of Florida filed a petition for writ of certiorari in the circuit court seeking to quash Ordinance 2011-07 adopted by Hendry County on May 24, 2011. The Ordinance rezoned 3127 acres of land from general agriculture to a Planned Unit Development (PUD) for the purpose of constructing a natural gas power plant and solar energy farm. The Seminole Tribe argued that the County’s adoption of the Ordinance departed from the essential requirements of the law because it violated the Local Development Code (LDC) and because the County had avoided its responsibility to review the project’s compatibility with the Big Cypress Seminole Indian Reservation and consistency with the County’s Comprehensive Plan. The circuit court denied the petition, and the Seminole Tribe now seeks second-tier certiorari review in this court. We deny the petition.
Remedial Order re: South Dakota Prison Ban on Tobacco
The case, once again, is Native American Council of Tribes v. Weber (D. S.D.):
The court previously issued an order explaining how the ban violates federal religious freedom rights here.
Since the prison system could not agree with the prisoners on a way to craft an injunction, Judge Schreier simply issued an order stating, “[D]efendants are enjoined from banning tobacco used during Native American religious ceremonies.”
NYTs on Lack of Indian Foster Families
Here.
National NALSA Moot Court Competition Needs Judges!
National NALSA Moot Court Competition
Lewis & Clark Law School is hosting the National NALSA Moot Court Competition (http://nationalnalsa.org/events/mootcourt/)(http://law.lclark.edu/student_groups/nalsa/moot_court/) this spring and we are in need of volunteers to be “judges” during the competition.
The competition is designed to simulate the practice of law. The annual event requires competing law students, in 2-person teams, to conduct research and write legal briefs, without assistance from professors or others, and argue against other student teams at the competition. The National NALSA Moot Court Competition is the largest National Moot Court Competition that focuses on Native American issues. This year, we have 60 teams competing from 24 law schools.
Professor Robert Miller is the competition problem writer and our development team is working hard to organize a successful National NALSA Moot Court Competition. The competition problem can be found here. You can also register for the competition on our website.
Being a judge will not require a specialty in Federal Indian law. The basic skills of oral advocacy is what will be judged and the Moot Court development team will provide all judges will a bench memo that provide the problem, issues, and potential arguments of the competition along with an orientation the night before the Friday competition day.
The competition rounds will be held on February 22-23, 2013 and will require close to 200 judges to execute. There are three rounds of competitions to determine which teams will advance to the final rounds on Saturday.
Hosting this event necessitates assistance from our legal community and we need your help! We need judges on the first day of the competition: Friday, February 22, 2013.
If you are interested in judging during the competition, please just click here and fill out this form.
If you have any questions, feel free to contact nalsa@lclark.edu. Good luck and we look forward to seeing you in February!
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