Here is the unpublished opinion in Parks v. Tulalip Casino Resort.
Lower court materials are here.
economic development
SCIA Hearing on E-Commerce: Written Testimony
Here:
Panel # 1
Mr. Geoffrey Blackwell
Chief
Office of Native Affairs and Policy, Consumer and Governmental Affairs Bureau, Federal Communications Commission, Washington, DC
Dr. Howard Hays M.D., M.S.P.H.
Acting Chief Information Officer
Indian Health Service, US Department of Health and Human Services, Washington, DC
Continue reading
Native Wholesale Supply Loses Tax Case to Federal Government
Here are the materials in United States v. Native Wholesale Supply (W.D. N.Y.):
Douglas Sanderson on Commercial Law and Indigenous Sovereignty
Douglas Sanderson has posted “Commercial Law and Indigenous Sovereignty” on SSRN.
Here is the abstract:
Despite the ubiquitous nature of commercial law, discussions about Indigenous sovereignty tend to focus on the big picture themes of lands, resources and economic development without any real thought about the commercial law framework within which these transactions will take place. In this paper, I argue that commercial law is a crucial, though overlooked, aspect of Indigenous sovereignty. I propose that through the development and implementation of a commercial Code and Tribunal, Indigenous communities stand to capture greater economic efficiencies, promote political independence, and advance down a path towards developing institutions that are both modern and based in traditional knowledge bases and dispute resolution mechanisms.
Second Circuit Affirms Preliminary Injunction against Enforcement of PACT Act against Red Earth LLC
Here is today’s opinion in Red Earth LLC v. United States: 10-3165_opn
An excerpt:
Appeal from an order of the Western District of New York (Richard J. Arcara, Judge) granting a preliminary injunction to stay enforcement of provisions of the Prevent All Cigarette Trafficking Act (“PACT Act”) that require mail-order cigarette sellers to pay state excise taxes. The government argues that the district court erred in concluding that plaintiffs were likely to succeed on their claim that the PACT Act’s provision requiring out-of-state tobacco sellers to pay state excise taxes regardless of their contact with that state violates due process. We affirm the district court’s order granting the preliminary injunction.
Federal Court Declines to Dismiss Indictment against Ponca-Licensed Pharmacy
Here is the opinion in United States v. Williams (W.D. Okla.):
DCT Order Denying Williams Motion to Dismiss
Here is the indictment:
Federal Court Rejects Contractor’s Demand for Arbitration, Citing Stillaguamish Immunity
Here are the materials in Stillaguamish Tribe of Indians v. Pilchuck Group II L.L.C. (W.D. Wash.):
DCT Order Granting Stillaguamish Tribe Motion
Stillaguamish Motion for Summary J
Pilchuck Group Motion for Summary J
New Mexico Bankruptcy Court Holds Bankruptcy Code Waives Tribal Immunity
Here are some of the materials in In re Platinum Properties, Inc. (Bankr. N.M.):
Bkrcy CT Order re Platinum Oil
Jicarilla Motion for Summary J
Other materials are here.
Seneca Telephone v. Miami Tribe Cert Petition
Here (updated 8/24/11 with better pdf):
Seneca Telephone Cert Petition
Questions Presented:
1. Under federal preemption principles invoked in Rice v. Rehner, 463 U.S. 713 (1983), and specifically, the principles determinative on the applicability of the doctrine of tribal sovereign immunity in a regulatory context, did the Oklahoma Supreme Court err and issue a conflicting ruling with this Court’s decision in Rice when it failed to apply the preemption principles to the present cases?
2. Under the preemption principles invoked in Rice, as applied to the present cases, does the Communications Act of 1934 (47 U.S.C. §§ 151et. seq.) delegate to the States the authority to exercise jurisdiction over tribal entities when Congress confers to the States the power to exercise jurisdiction over all intrastate communications?
Lower court materials are here.
Ninth Circuit Holds in Favor of Blue Lake Rancheria in FUTA Case
Here is the opinion in Blue Lake Rancheria v. United States.
And the briefs:
And a link to the lower court decision, now reversed.
Turtle Talk 
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