Nebraska SCT Holds Tribal Officials with “Apparent Authority” (Not Actual Authority) May Waive Tribal Immunity

Here is today’s opinion in StoreVisions v. Omaha Tribe (as first reported in Indianz).

An excerpt:

As noted, this separate waiver was signed in the presence offive of the seven members of the tribal council and lends even more weight to an appearance that the signatories to the document—the chairman and vice chairman—were vested with theauthority to waive the tribe’s sovereign immunity.

The court refused to take judicial notice of tribal laws for some reason, and gave great weight to the mere presence of tribal council members in finding a waiver. Fairly remarkable decision.

Tenth Circuit Briefing in Somerlott v. Cherokee Nation Distributors

Here (reply brief not due yet):

Somerlott Brief

Cherokee Nation Distr Brief

Lower court materials here.

Quebec: Making First Nation Law – The Listuguj Mi’gmaq Fishery

The National Centre (that’s right, “Centre”) for First Nations Governance recently released an article, video, and report on a community near and dear to my heart – Listuguj, where I grew up!  

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Labrador: The Government Of Canada Reaches Financial Agreement With The Innu Of Labrador

Source: Indian and Northern Affairs Canada

The Honourable John Duncan, Minister of Indian Affairs and Northern Development and Federal Interlocutor for Métis and Non-Status Indians, and Joseph Riche and George Rich, Grand Chief and Deputy Grand Chief of the Innu Nation of Labrador, announced today the signing of a financial agreement. The Government of Canada is currently in land claim negotiations with the Innu of Labrador and the Government of Newfoundland and Labrador.

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Grand River Enterprises Six Nations Challenge to Tobacco MSA Rejected

Here is that opinion: DCT Order Granting NY Summary Judgment Motion

Building Strong Sovereign Nations: Anishinaabek Leadership For Seven Generations Tribal Governance Training Conference ~ May 19/20 ~

The Building Strong Sovereign Nations Tribal Governance Training Conference is quickly approaching.  It’s happening on May 19th and 20th at the Odawa Casino Resort in Petoskey.  Here’s a link to the registration page. 

National Center of American Indian Enterprise Development honors Swinomish Chairman Brian Cladoosby and others

The National Center of American Indian Enterprise Development will be honoring Swinomish Chairman Brian Cladoobsy with its American Indian Tribal Leadership Award at its annual economic summit and trade fair in Las Vegas. Others honored include David Melton, Clara Pratte, Kurt Luger, U.S. Senator Max Baucus, Kathy Meyer, Karen Jensen, and several entities. The summit and trade fair takes place today through March 17. More information is here.

Kyle Whyte on Environmental Justice and Indigenous Tourism

Kyle Whyte has posted his paper, “An Environmental Justice Framework for Indigenous Tourism,” published in the Journal of Environmental Philosophy.

Here is the abstract:

Environmental tourism is a growing practice in indigenous communities worldwide. As members of indigenous communities, what environmental justice framework should we use to evaluate these practices? I argue that, while some of the most relevant and commonly discussed norms are fair compensation and participative justice, we should also follow Robert Figueroa’s claim that “recognition justice” is relevant for environmental justice. I claim that from Figueroa’s analysis there is a “norm of direct participation,” which requires all environmental tourism practices to feature a forum for meaningful representation and consideration. This claim motivates a distinction between practices that should be termed “mutually advantageous exploitation” and those that should be termed “environmental coalition development.” We need to ask ourselves whether we should continue to tolerate mutually advantageous exploitation and how we can increase the number of practices that develop coalitions.

Updated Materials in Chehalis Tax Case

Here:

Tribal Amicis Brief

Countys Appeal Brief

Chehalis Appellants Reply Brief

Opening brief and lower court materials here.

New Book on Navajo Tribal Labor Relations

David Kamper has published “The Work of Sovereignty: Tribal Labor Relations and Self-Determination at the Navajo Nation.” Here is the book’s website.

And the description:

Who is shaping the future of economic development in Indian Country? Who has a say in tribal economic growth and who benefits? What role do American Indian workers play in shaping how tribal economies and enterprises work? What would it mean to conceive of indigenous self-determination from the vantage point of work and workers? The Work of Sovereignty addresses these vital questions. It explores the political, economic, and cultural forces that structure and influence indigenous economic development, giving special attention to the perspectives and priorities of the indigenous working people who build tribal futures with their everyday labor. Kamper argues for the importance of recognizing tribal labor relations as a factor in indigenous economic enterprises from gaming to health care and beyond. Although most research on tribal sovereignty and economic development focuses on legal theory and governmental operations, The Work of Sovereignty centers on the people who make sovereignty work. It presents a thoughtful, in-depth look at the ways labor relations play out in Indian Country, how tribal employees view their relationships with their bosses and tribal enterprises, and how this view connects to their enactment of indigenous self-determination.