ICT report here.
GAO report here.
Author: Matthew L.M. Fletcher
Nebraska SCT Overrules Precedent Designed to Avoid Application of ICWA
Here is the opinion in In re Zylena R.
From the court’s syllabus:
To the extent that In re Interest of C.W. et al., 239 Neb. 817, 479 N.W.2d 105 (1992), permits a state court to consider the best interests of an Indian child in deciding whether there is good cause to deny a motion to transfer a proceeding to tribal court, it is overruled.
Today’s Indian Affairs Agenda in Congress
From Belt Way Indian here.
MSU Law Prof Study Helps N.C. Inmates (inc. a Lumbee Indian) Get Off Death Row
Here.
Excerpts:
After the act was passed, researchers from Michigan State University studied the application of the death penalty in North Carolina and found that peremptory challenges had been used to remove blacks from juries at a rate more than twice that of whites, a rate that was even higher in Cumberland County. Removing potential jurors solely on the basis of race has been ruled unconstitutional.
***
Mr. Golphin and Mr. Augustine are black, and Ms. Walters is a Lumbee Indian. They were convicted of unrelated murders and have been on death row at least 10 years. Their victims included whites and blacks; in Mr. Golphin’s and Mr. Augustine’s cases, the victims were law enforcement officers.
A summary of the study is here.
A paper by the study’s authors, Catherine Grosso and Barbara O’Brien, in the Iowa Law Review about the study is here.
Another School Shooting
Here.
How much more of this are we going to take until we do something about guns?
US Census Bureau Releases Alaska Native/American Indian Summary File
Census Bureau Releases 2010 Census
American Indian and Alaska Native Summary File
Today the U.S. Census Bureau released the 2010 Census American Indian and Alaska Native Summary File. This summary file provides statistics for the largest number of American Indian and Alaska Native groups of any Census Bureau data product. For the first time, the summary file includes detailed information on individual Central American, South American and Mexican American indigenous groups.
The summary file provides statistics such as age, sex, household relationship and homeownership for more than 1,500 groups that include American Indian and Alaska Native tribal groupings, specific American Indian tribes and specific Alaska Native villages, with a population of at least 100 at the national level.
The 2010 Census American Indian and Alaska Native Summary File is available for states, counties, county subdivisions, places, census tracts, ZIP Code tabulation areas, congressional districts for the 111th Congress, metropolitan areas, American Indian and Alaska Native areas, tribal subdivisions and Hawaiian home lands.
To preserve confidentiality, only geographic entities with a population of at least 100 for the specified group are available in the summary file.
Accessing the Information
The 2010 Census American Indian and Alaska Native Summary File tables can be found on the Census Bureau’s American FactFinderwebsite by using the “Topics” filter to select the dataset “2010 American Indian and Alaska Native SF.” Next, use the “Race and Ethnic Groups” filter to select the American Indian and Alaska Native tribal groupings, specific American Indian tribes, or specific Alaska Native villages of interest. While a variety of tables will be available, a good place to start is the Profile of General Population and Housing Characteristics, which shows a summary of characteristics for one geographic area at a time.
A summary file version of the information is also available for users who want to download the set of detailed tables for all geographies and run their own analysis and rankings. The summary file contains two parts: a file with the geographic headers (in fixed-length ASCII format) and a file with the statistical information (in comma-separated ASCII format). The summary file is available for download on the FTP site.
D.C. Circuit Reverses Dismissal of Cherokee Freedmen Suit against Cherokee Officials
Here is today’s opinion in Vann v. Dept. of Interior: CADC Opinion
An excerpt:
Applying the precedents that permit suits against government officials in their official capacities, we conclude that this suit may proceed against the Principal Chief in his official capacity, without the Cherokee Nation itself as a party.
The Freedmen have sued the Principal Chief in his official capacity under the doctrine of Ex parte Young, 209 U.S. 123. The Ex parte Young doctrine allows suits for declaratory and injunctive relief against government officials in their official capacities – notwithstanding the sovereign immunity possessed by the government itself. The Ex parte Young doctrine applies to Indian tribes as well. Cf. Oklahoma Tax Commission, 498 U.S. at 514; see generally Larson, 337 U.S. at 689-92; RICHARD H. FALLON, JR., DANIEL J. MELTZER & DAVID L. SHAPIRO, HART AND WECHSLER’S THE FEDERAL COURTS AND THE FEDERAL SYSTEM 958-60 (5th ed. 2003).
Briefs are here.
Federal Court Stays ICRA Habeas re: ICW Matter Pending Exhaustion of Tribal Court Remedies
Here is the order in Jones v. Lummi (W.D. Wash.):
DCT Order on Tribal Court Exhaustion
An earlier order in this matter is here.
Magistrate Report and Recommendations Order in Native Mob Indictments — Motions to Suppress
Here is the order in United States v. McArthur et al. (D. Minn.):
Ninth Circuit Affirms “Public Road” Decision of Interior re: BIA/Wind River Reservation Road
Here are the materials in Pine Bar Ranch LLC v. Interior Board of Indian Appeals:
Lower court opinion here.
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