“The following article originally appeared in the Spring 2017 issue of Trial Lawyer magazine, the quarterly journal of the Oregon Trial Lawyers Association.”
“Parenting a juvenile justice system: A tribal human perspective”
bar journal
Federal Lawyer Indian Law Issue 2017
Here:
The Rapidly Increasing Extraction of Oil, and Native Women, in North Dakota
During the past year, the Standing Rock Sioux Tribe and allies made national news as they gathered in prayerful ceremony at the confluence of the Missouri and Cannonball Rivers to stop the construction of the Dakota Access Pipeline project in North Dakota. The pipeline threatens the tribe’s drinking water, sacred sites, and burial grounds, and, as a result, much attention has been paid to the potential environmental and cultural impacts of the pipeline. Little to no focus, however, has been given to the proposed pipeline’s impacts on the safety of Native women and children living in the Bakken region of North Dakota.
During the past year, the Standing Rock Sioux Tribe and allies made national news as they gathered in prayerful ceremony at the confluence of the Missouri and Cannonball Rivers to stop the construction of the Dakota Access Pipeline project in North Dakota. The pipeline threatens the tribe’s drinking water, sacred sites, and burial grounds, and, as a result, much attention has been paid to the potential environmental and cultural impacts of the pipeline. Little to no focus, however, has been given to the proposed pipeline’s impacts on the safety of Native women and children living in the Bakken region of North Dakota.
Statutory Divestiture of Tribal Sovereignty
The Supreme Court’s non-decision in Dollar General v. Mississippi Band of Choctaw Indians is evidence not only of disagreement on tribal civil jurisdiction but perhaps also uncertainty in how to analyze divestiture of tribal sovereignty. Most scholars (including myself) have described the Court’s behavior in tribal sovereign authority cases as one of judicial supremacy, in that the Court merely makes policy choices based on its own ideological views of tribal power.
The Supreme Court’s non-decision in Dollar General v. Mississippi Band of Choctaw Indians is evidence not only of disagreement on tribal civil jurisdiction but perhaps also uncertainty in how to analyze divestiture of tribal sovereignty. Most scholars (including myself) have described the Court’s behavior in tribal sovereign authority cases as one of judicial supremacy, in that the Court merely makes policy choices based on its own ideological views of tribal power.
Breaking Faith With the Tribal Sovereignty Doctrine
The great Seneca Nation leader and diplomat Red Jacket is said to have illustrated the tribe’s frustration with the insatiable encroachment of those seeking Seneca lands during a negotiation with the Holland Land Company’s agent, Joseph Ellicott. The two were seated on a log.
The great Seneca Nation leader and diplomat Red Jacket is said to have illustrated the tribe’s frustration with the insatiable encroachment of those seeking Seneca lands during a negotiation with the Holland Land Company’s agent, Joseph Ellicott. The two were seated on a log.
Tribes and Cannabis: Seeking Parity with States and Consultation and Agreement from the U.S. Government
Sales of legal cannabis reached nearly $7 billion in 2016 and are expected to eclipse $20 billion by 2021. Despite their efforts, and an overarching trust obligation owed by the U.S. government to Indian nations, American Indian tribes adopting state “go-it-alone” models of cannabis legalization have failed to receive parity in treatment with states on cannabis issues and have been met with threats or actions by law enforcement.
Sales of legal cannabis reached nearly $7 billion in 2016 and are expected to eclipse $20 billion by 2021. Despite their efforts, and an overarching trust obligation owed by the U.S. government to Indian nations, American Indian tribes adopting state “go-it-alone” models of cannabis legalization have failed to receive parity in treatment with states on cannabis issues and have been met with threats or actions by law enforcement.
Arizona Attorney Bar Journal Article on UPL and Indian Country
James D. Griffith has published “Tribal Jurisdictions and UPL” in the March 2017 issue of Arizona Attorney.
Oklahoma Bar Journal Special Indian Law Issue
Here.
Ryan Dreveskracht on Doing Business in Indian Country
From the ABA’s Business Law Today, “Doing Business in Indian Country: A Primer.”
Rebecca Webster on Tribal/Local Jurisdiction in Indian Country
Rebecca Webster has published “Tribal and Local Governments: Jurisdictional Challenges within Shared Spaces” in the Wisconsin Lawyer.
An excerpt:
The concepts of shared governance and pooling resources have gained much attention in recent years. Often standing in the way of cooperation is the inability of local governments to regulate beyond their borders.1 While this area of law is well established and generally predictable with respect to local governments, the same cannot be said for instances when tribal governments are involved.2
With a focus on Wisconsin, this article briefly outlines the complex jurisdictional issues that arise when a tribal government and a local government exercise various levels of regulatory jurisdiction within an Indian reservation. Each government has a legitimate interest in protecting its jurisdictional authority; however, the path to determine the extent of that authority often has been paved with costly litigation. Despite the cost in time and money, the pursuit of jurisdictional certainty through the courts is riddled with inconsistencies and unanswered questions. Because this area of law is not well settled, it can be difficult for governments to come to an understanding of their respective jurisdictional limitations3 and therefore, to form cooperative relationships.4
Two New Indian Law Articles in the Federal Lawyer
Here:
Tribes, Same-Sex Marriage, and Obergefell v. Hodges: Tweedy on Same Sex Marriage
Implementing VAWA 2013: Leonhard on Implementing VAWA
Jessica Intermill on Federal Statutes of General Applicability
Jessica Intermill has published “Competing Sovereigns: Circuit Courts’ Varied Approaches to Federal Statutes in Indian Country” in the September 2015 issue of the Federal Lawyer. The article details the Sixth Circuit’s varied approaches in Little River Band of Ottawa Indians Tribal Government v. NLRB and NLRB v. Soaring Eagle Casino and Resort (en banc petition materials here).
Arizona Bar Journal Article on Study re: Native Attorneys
Here is “Groundbreaking Survey: Native Attorney Views of the Legal Profession” by Mary Smith, published in Arizona Attorney
Michigan Bar Journal Article on Tribal Court Peacemaking as a Model for State Courts
Here is “Tribal Court Peacemaking: A Model for the Michigan State Court System?” by Susan J. Butterwick, Hon. Timothy P. Connors, and Kathleen M. Howard:
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