The Dutch, Munsees, and the Purchase of Manhattan Island
from Opening Statements—Law, Jurisprudence, and the History of Dutch New York
by Paul Otto
Edited by Albert M. Rosenblatt and Julia C. Rosenblatt
PDF here:
bar journal
Are Elfin Sites More Sacred to Icelanders than Native Sacred Sites are to Americans?
Yes, it appears.
Former U.S. Attorney Kris Olsen has this piece titled “Indigenous Rights? Of Hiddenfolk and Native People” in the Oregon State Bar Bulletin.
The Advocate (Idaho State Bar Journal) Special Issue on Indian Law
TOC here:
Section Articles
Welcome From the Chair of the Indian Law Section
Helaman “Helo” Hancock
Why Applying the Indian Child Welfare Act is Worth the Hassle
Julie Sobotta Kane
It’s Worth the Hassle Part II: How Does the Baby Veronica Case Impact Cases Involving Indian Children?
Prof. Elizabeth Barker Brandt
U.S. Supreme Court Upholds Tribal Sovereign Immunity, Again
William Barquin
Guilty Again? The Use of Tribal Court Guilty Pleas in Federal Court
Jason Brown
Idaho Tribal State Court Forum Finds Common Ground Among State and Tribal Courts
Hon. Gaylen L. Box
The Coeur d’Alene Tribe’s Claims in the Coeur d’Alene-Spokane River Basin Adjudication
Dylan R. Hedden-Nicely
The Coeur d’Alene Tribe’s Enduring Relation to Water — A Legal History
Dylan R. Hedden-Nicely
A Tradition of Excellence in Native American Law at the University of Idaho College of Law
Prof. Angelique EagleWoman
WSBA Indian Law Section Fall 2014 Newsletter
Here.
Guide for Franchisors Negotiating with Indian Nations or Tribal Entities
Heidi McNeil Staudenmaier and Michael Coccaro have published “Negotiating with a Tribe or Tribal Entity: Practical Tips for Franchisors” in the Franchise Law Journal.
Arizona Attorney (Bar Journal) Article on the Washington Football Team Trademark Case
Ken Motolenich-Salas has published “Redskins Trademark Cancellations: The Revivial of the Disparagement Doctrine” in Arizona Attorney. (PDF)
Arizona Attorney Magazine Article on the Model Secured Transactions Act
Federal Law 2014 Indian Law Issue
Here.
Judicial Profiles of Tribal Judges (!)
- Hon. Theresa M. Pouley
Chief Judge, Tulalip Tribal Court
Tulalip Indian Reservation, Tulalip, Wash. - Hon. Elizabeth Ann Kronk Warner
Acting Chief Judge, Sault Ste. Marie Tribe
of Chippewa Indians Court of Appeals
And excellent Indian law articles:
Sovereignty Gravitas — Patrice H. Kunesh
The experience of tribal sovereignty and the manner in which it is exercised, the gravitas of sovereignty, is the best indicator of the future of Indian Country. While all tribes have the authority to govern, many may not have realized the gravitas of that sovereignty. Tribes can enhance gravitas and provide prosperity using a four pronged approach: a direct and personal relationship between the tribe and its members or citizens; more democracy and better data; transparent fiscal management; and targeted social welfare assistance programs.
The experience of tribal sovereignty and the manner in which it is exercised, the gravitas of sovereignty, is the best indicator of the future of Indian Country. While all tribes have the authority to govern, many may not have realized the gravitas of that sovereignty. Tribes can enhance gravitas and provide prosperity using a four pronged approach: a direct and personal relationship between the tribe and its members or citizens; more democracy and better data; transparent fiscal management; and targeted social welfare assistance programs.
Understanding the Supreme Court’s Decision in Adoptive Couple v. Baby Girl — Jack Trope
The U.S. Supreme Court decision in Adoptive Couple v. Baby Girl addressed some fundamental questions about the rights of birth parents and families in the context of the attempted adoption of an Indian child by a non-native family. Only the second Indian Child Welfare Act (ICWA) case ever decided by the Court, the case will affect interpretations of the ICWA by federal and state courts for many years. As demonstrated by the decision on remand, there is a great potential for the case to be misinterpreted by lower courts and careful analysis of the Court’s opinion is vitally important.
The U.S. Supreme Court decision in Adoptive Couple v. Baby Girl addressed some fundamental questions about the rights of birth parents and families in the context of the attempted adoption of an Indian child by a non-native family. Only the second Indian Child Welfare Act (ICWA) case ever decided by the Court, the case will affect interpretations of the ICWA by federal and state courts for many years. As demonstrated by the decision on remand, there is a great potential for the case to be misinterpreted by lower courts and careful analysis of the Court’s opinion is vitally important.
Indigenous Energy Issues on an International Grid — Tracey A. LeBeau
Indigenous interests in energy and natural resources include a discussion on the a wide range of social and economic statistics. This article takes a step back to ask some leading questions about where there may be nexus points, or gaps, for community leaders, policy makers, and business advisors who work in the field to consider
Indigenous interests in energy and natural resources include a discussion on the a wide range of social and economic statistics. This article takes a step back to ask some leading questions about where there may be nexus points, or gaps, for community leaders, policy makers, and business advisors who work in the field to consider
Branding the Band: Protecting Tribal Identities Through Trademark Law — Paula M. Yost, Ian R. Barker, and Sara Dutschke Setshwaelo
One day, mail service to a California Indian tribe suddenly ceased. The tribe ultimately uncovered a campaign of sovereign identity theft that serves as an eye-opening object lesson in the importance of protecting tribal trademarks.
One day, mail service to a California Indian tribe suddenly ceased. The tribe ultimately uncovered a campaign of sovereign identity theft that serves as an eye-opening object lesson in the importance of protecting tribal trademarks.
Nothing Nefarious: The Federal Legal and Historical Predicate for Tribal Sovereign Lending — Jennifer H. Weddle
Indian tribes are exercising their sovereignty. They continue to provide for their citizens, using the resources available to them to subsist and build their economies. This is nothing new, yet, a controversy exists because some do not like one particular mechanism of tribes’ sovereign action—in this case making short-term, small-denomination loans to consumers around the country via the Internet. Some do not understand that tribal sovereigns are capable of good governance, that many tribes have in place robust civil regulatory consumer-protection regimes, or that tribes are able to provie quality service to treat consumers fairly and simultaneously generate revenues for the tribe.
Indian tribes are exercising their sovereignty. They continue to provide for their citizens, using the resources available to them to subsist and build their economies. This is nothing new, yet, a controversy exists because some do not like one particular mechanism of tribes’ sovereign action—in this case making short-term, small-denomination loans to consumers around the country via the Internet. Some do not understand that tribal sovereigns are capable of good governance, that many tribes have in place robust civil regulatory consumer-protection regimes, or that tribes are able to provie quality service to treat consumers fairly and simultaneously generate revenues for the tribe.
The HEARTH Act: Transforming Tribal Land Development — Bryan Newland
President Barack Obama signed the Helping Expedite and Advance Responsible Tribal Homeownership (HEARTH) Act into law on July 30, 2012. Although it was a relatively straightforward piece of legislation, the act has the potential to transform the use of tribal lands across Indian Country. The historical development of U.S. policies governing leasing of Indian lands, as well as the longstanding requirement that the Secretary of the Interior approve leases of Indian lands, provide the proper context to discuss the HEARTH Act, its requirements, and the manner in which it has changed federal policies affecting Indian lands. However, two unresolved questions have arisen as a result of the HEARTH Act’s passage.
President Barack Obama signed the Helping Expedite and Advance Responsible Tribal Homeownership (HEARTH) Act into law on July 30, 2012. Although it was a relatively straightforward piece of legislation, the act has the potential to transform the use of tribal lands across Indian Country. The historical development of U.S. policies governing leasing of Indian lands, as well as the longstanding requirement that the Secretary of the Interior approve leases of Indian lands, provide the proper context to discuss the HEARTH Act, its requirements, and the manner in which it has changed federal policies affecting Indian lands. However, two unresolved questions have arisen as a result of the HEARTH Act’s passage.
WSBA Indian Law Section Spring 2014 Newsletter
Here.
Washington State Bar Indian Law Section Spring 2013 Newsletter
Here.
In this issue you will find:
• Message from the Chair
• Interior’s New Leasing Regulations: Preempting State and Local Taxation Authority
• IRS Assault on Trust Resources
• Notice 2012-75: The IRS Expands the Tax Exemption for Tribal general Welfare Programs
• 25th Annual WSBA Indian Law Seminar
• The Sovereign Immunity of Tribal Officials and Employees after Maxwell v. County of San Diego
• Interior’s New Leasing Regulations: Preempting State and Local Taxation Authority
• IRS Assault on Trust Resources
• Notice 2012-75: The IRS Expands the Tax Exemption for Tribal general Welfare Programs
• 25th Annual WSBA Indian Law Seminar
• The Sovereign Immunity of Tribal Officials and Employees after Maxwell v. County of San Diego
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