Here:
economic development
King Mountain Tobacco v. US Cert Petition
Here:
Questions presented:
1. Whether the Ninth Circuit erred in holding that the Yakama Treaty must include express exemptive language” to create an exemption from a federal tax or fee.
2. Whether the Ninth Circuit erred in holding that the federal tobacco excise tax, 26 U.S.C. § 5701-5703, and the Fair and Equitable Tobacco Reform Act (“FETRA”), 7 U.S.C. § 518-519, apply to the Yakama Indians even though (1) the Yakama Treaty creates a right to travel in order to protect the Yakama Indians’ ability to trade and (2) these taxes and fees are triggered by the transport of goods – rather than by sale or manufacture.
Lower court materials here. Case tag here.
Update:
Fourth Circuit Briefs in Williams v. Big Picture Loans
Federal Court Dismisses Contract Claim against Alaska Tribe
Here are the materials in Alaska Logistics LLC v. Newtok Village Council (D. Alaska):
25 answer to counterclaims and counterclaims to counterclaims
St. Regis Mohawk v. Mylan Pharma Cert Petition
Connecticut Court Holds Tribal Business is Immune from State Dept. of Banking Authority
Here are the materials in Great Plains Lending LLC v. State of Connecticut Dept. of Banking (Conn. Super.):
Department’s Motion to Dismiss
Superior Ct Order Denying Motion to Dismiss
Great Plains Brief on the Merits
Wiring the Rez 2019 Conference @ ASU LAw
Event Info:
Wiring the Rez: Innovative Strategies for Business Development Via E-Commerce CLE Conference
The 5th Annual Tribal Government E-Commerce Conference
Jan. 31 – Feb. 1, 2019 / Wild Horse Pass Hotel & Casino / Chandler, AZ
The goal of this conference is to explore the issues surrounding the development of Tribal Digital Sovereignty and e-commerce in Indian Country. Experts will examine the shifting political, legal and tax landscape in Indian Country, explore modern business models including: tribal operation of technology and data centers, online lending, online sports betting, blockchain technology and crypto currencies. We will also review jurisdictional and regulatory complexities and address the necessity of fostering open dialogue with federal and state counterparts, and the possible implications to tribal sovereignty, and the ongoing need for tribes to finance and build infrastructures that facilitate economic growth on their reservations while complying with appropriate federal guidelines. Attorneys, scholars, financiers, tax, technology and gaming experts along with innovative tribal leaders will share strategies and practical implementations of diverse business models of current and future e-commerce and infrastructure enterprises to bridge the digital divide.
Who should attend: Tribal leaders, tribal government council members, lawyers practicing in Indian Country on and off the reservation, economic planning and development experts, media developers, business, finance and technology specialists, virtual casino managers & executives, online vendors and entrepreneurs, regulatory experts, scholars and students of Indian law.
Agenda & registration at: http://events.asucollegeoflaw.com/ilp-wiringtherez/
Early Rate ends on Jan. 4, 2019
Regular Rate ends Jan. 25, 2019
Non-Profit & Government Rate available
Please join us in sunny Phoenix in January! Registration is open.
Student Scholarship on the Allergan/Mohawk Case
Seth W. R. Brickey has published “Rent-A-Tribe: Using Tribal Immunity to Shield Patents from Administrative Review” in the Washington Law Review.
Here is the abstract:
In 2017, Allergan Pharmaceuticals entered into an agreement with the Saint Regis Mohawk Tribe (SRMT). Allergan agreed to assign several patents to SRMT and to pay an initial sum of $13.75 million and annual royalties of approximately $15 million. SRMT, in exchange, licensed the rights to use the patents back to Allergan and agreed not to waive its tribal immunity in any administrative proceeding challenging the patents. Two outcomes were expected as a result of this Allergan-Mohawk agreement. First, Allergan would retain the rights to manufacture and market a highly profitable drug while insulating the underlying patents from an unforgiving administrative inter partes review (IPR). Second, SRMT would embark on a new business venture of collecting and relicensing patents from third parties, effectively “renting out” its sovereign immunity. The response from lawmakers, the judiciary, the executive branch, and the public at large was acrimonious. The agreement was branded in public forums as a “sham” and the Patent Trial and Appeal Board held the patents assigned to SRMT were not shielded by tribal immunity. This Comment argues the Allergan-Mohawk agreement is a legally effective means of avoiding IPR. Absent an express waiver of tribal immunity by Congress or the tribe itself, a tribe may not be subject to a private claim. This rule extends to IPR proceedings which closely parallel private suits. Therefore, contracts like the Allergan-Mohawk agreement effectively shield patents from IPR.
Oral Argument Transcript in Cougar Den Case
New piece on the cultural and social effects of tribal extractive development
Carla Fredericks, Kate Finn, Erica Gajda, and Jesse Heibel have published “Responsible Resource Development: A Strategic Plan to Consider Social and Cultural Impacts of Tribal Extractive Industry Development” in Harvard Journal of Law & Gender Online. Here.
Turtle Talk 
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