Updated Materials in Miccosukee v. Cypress

Here are motions to dismiss Miccosukee Second Amended Complaint:

Billy Cypress Motion to Dismiss

Dexter Lehtinen Motion to Dismiss

Guy Lewis and Michael Tein Motion to Dismiss

Julio Martinez Motion to Dismiss

Miguel Hernandez Motion to Dismiss

Harvard Law Review Book Review by Richard Hasen of Jack Abramoff Book

Here.

Excerpts:

One of his greatest faults, he explains in a bit of false modesty, was that he was giving away too much money to charity while he was raking in funds from competing Native American tribes and taking money on the side for his  consulting work with business partner Mike Scanlon in an arrangement he did not disclose to his clients (pp. 166, 193).

And:

At many points in the book, Abramoff describes himself in the best possible light. He downplays his business prowess in explaining his questionable SunCruz dealings with Adam Kidan (p. 138). He further says that it “never occurred to us” that his use of a nonprofit organization to launder funds from Native American tribes to himself and Scanlon was illegal (p. 190). He even hedges on the main charge of self-dealing with the tribes:

I neglected to tell my clients how much I was profiting from these grassroots efforts. I reasoned that the tribes and clients were happy with their victories, that our efforts were priced in accordance with their value and that they were paying what they agreed to pay to stop threats they identified to us, after proper fee negotiations. Plus, I wasn’t even keeping the money I made anyway. I was giving away upwards of 80 percent ofmy income for good causes and to help people. What could possibly be wrong with any of this? (p. 193)

 

State of New York Amicus Brief in Support of Madison County Cert Petition

Here:

New York Amicus Brief in Support of Petition

Texas COA Issues Distubing ICWA Notice Opinion

Here is the opinion in In re C.T. & K.:

In re CT&K

From pages 32-33:

Paul and Alice argue that the trial court “ha[d] reason to know that an Indian child” was involved in the case—and the notice and verification requirements of subsection 1912(a) were therefore applicable—because of Myra’s testimony that C.T. is “half-Indian.” The Department, for its part, agrees that the case should be abated and remanded to the trial court for a determination as to whether ICWA applies.

We disagree that the case should be remanded or abated, however, because we do not believe that the trial court “kn[e]w or ha[d] reason to know that an Indian child” was involved in the case. See id. The only evidence adduced regarding C.T.’s heritage was Myra’s statement that Myra is “half Black Foot” and that Alice is “half Cheyenne.” She did not state that either Alice, Paul, C.T., K.T., or herself were “members” of an Indian tribe, and she did not state that either child would be “eligible for membership” in an Indian tribe. See id. § 1903(4) (defining “Indian child” as a person under eighteen who either: (a) is a member of an Indian  [55] tribe; or (b) is eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe); see also In re Trever I., 973 A.2d 752, 758 (Me. 2009) (noting that “the party asserting the applicability of the ICWA has the burden to provide sufficient information to at least put the court or Department on notice that the child may be an ‘Indian child,’ within the meaning of the ICWA, and that further inquiry is necessary”); In re Arianna R.G., 657 N.W.2d 363, 370 (Wis. 2003) (holding that ICWA notice provisions did not apply because “the information available to the court was too vague for the court to have reason to know” that children were Indian where only evidence was father’s statement that his children have “Indian heritage” and that their “ancestry stems from the Ojibwa Tribe in Marinette, Wisconsin”).

David Lester Walks On

David Lester passed away Wednesday afternoon, December 26th due to complications from a surgery he underwent last week.  Local services will be held on Tuesday, January 1st at the Church of Jesus Christ of Latter Saints, 6061 South Havana Street, Englewood, Colorado.

The Family will then move him to Okemah, Oklahoma where a Wake will held on January 3rd, and then Services and Internment Friday, January 4, 2013.

Flowers may be sent to Lester residence at 8688 East Otero Circle, Centennial, Colorado  80112.

Top 20 Indian Law Stories on Turtle Talk for 2012 (plus a few others)

Happy New Year, and here are the top stories for the last year.

  1. Cobell Settlement appeals rejected (DC Circuit opinion)
  2. Grand Canyon Skywalk dispute (arbitration award and district court decision)
  3. Tribal Trust Settlements plus IRS treatment of settlement funds
  4. Tribal payday lenders (FTC suit, Nathalie Martin law review article, Illinois DCT materials)
  5. Tribal workers not immune in federal court (Maxwell v. County of San Diego)
  6. Cherokee Freedmen cases (Cherokee Nation v. Nash & Vann v. Salazar)
  7. Salazar v. Patchak (opinion, commentary)
  8. Salazar v. Ramah Navajo Chapter (opinion, commentary)
  9. KG Urban v. Patrick (DCT and CA1)
  10. NAGPRA suit involving Jim Thorpe’s remains
  11. Ninth Circuit’s sanctioning of Howard Shanker in San Francisco Peaks appeal (opinion and vacature)
  12. Santa Ysabel unsuccessfully files for bankruptcy
  13. Michigan v. Sault Ste. Marie Tribe
  14. Michigan v. Bay Mills Indian Community
  15. Adoptive Couple v. Cherokee Nation
  16. Oklahoma v. Hobia — Broken Arrow Casino
  17. Violence against Women Act reauthorization/SAVE Native Women Act (Draft Cantor Bill, law profs letter)
  18. Encana Oil & Gas v. St. Clair
  19. Tejon Indian Tribe federal re-recognition
  20. Judge Betty Fletcher Walks On

Plus, there were some interesting cultural developments that aren’t really Indian law related, but important nonetheless.

 

Denver Post Profile on Effort to Win Payments for Sand Creek Massacre

Here.

 

Arizona Snowbowl Snow Made From Treated Effluent is Yellow?

Here. Via Pechanga.

Photo from Native News Network….

20121230-121520.jpg

Profile of Aaron Payment — Sault Tribe Chair

Here.

Washington v. Yakama Tribal Court — Dispute over Tribal-State Fuel Tax Agreement

Here are the materials in State of Washington v. Yakama Nation Tribal Court (E.D. Wash.):

Washington Complaint

Washington Motion for PI

Yakama Cross Motion

News coverage here.