The Eagle and the Condor of the Western Hemisphere: Application of International Indigenous Principles to Halt the United States Border Wall
Idaho Law Review, Vol. 45, No. 3, pp. 1-18, 2009
Angelique EagleWoman
University of Idaho – College of Law
Tribal Nation Economics: Rebuilding Commercial Prosperity in Spite of U.S. Trade Restraints – Recommendations for Economic Revitalization in Indian Country
Tulsa Law Review, Vol. 44, No. 1, pp. 383-426, 2009
Angelique EagleWoman
economic development
Alex Skibine Posts “Tribal Sovereign Interests Beyond the Reservation Borders”
Tribal Sovereign Interests Beyond the Reservation Borders
Lewis & Clark Law Review, Utah University Legal Studies Research Paper Series, Research Paper No. 08-21
Alexander Tallchief Skibine
University of Utah – S.J. Quinney College of Law
Abstract here:
In this article, after exploring the evolution of ‘sovereignty’ from a territorially based concept to a more flexible and fluid principle, professor Skibine examines the sovereign interests Indian tribes may have beyond the borders of their reservations.
Tribal Tax Exempt Bonds Allocation Notice
This Notice solicits applications for allocations of the $2 billion national bond volume limitation authority (“volume cap”) to issue tribal economic development bonds (“Tribal Economic Development Bonds”) under new § 7871(f) of the Internal Revenue Code (the “Code”). This Notice also provides related guidance on the following: (1) eligibility requirements that a project must meet to be considered for a volume cap allocation, (2) application requirements, deadlines, and forms for requests for volume cap allocations, (3) the method that the Internal Revenue Service (“IRS”) and the Department of the Treasury (“Treasury”) will use to allocate the volume cap, and (4) certain interim guidance in this area.
Menominee Sues Interior over Off-Reservation Gaming
Here’s the news article, via Penchanga, with an excerpt:
The Menominee Nation has filed a lawsuit that seeks to overturn the U.S. Department of the Interior’s decision to block the tribe from building a casino at Dairyland Greyhound Park.
The tribe filed the suit in the U.S. District Court in Green Bay on Friday against the U.S. Department of the Interior and Kenneth Salazar, current secretary of that department. The lawsuit asks the court to declare a January 2009 denial of the Menominee’s land-into-trust application to create a casino at Dairyland as invalid and unlawful and to overturn that decision.
And the complaint — Menominee II Complaint
Meister, Rand and Light on Diversifying Tribal Economies
Alan Meister, Kathryn Rand, and Steve Light have published their paper “Indian Gaming and Beyond: Tribal Economic Development and Diversification” in the South Dakota Law Review as part of a symposium on tribal economic development.
Here is the paper — Meister et al. Article on Tribal Econ Development
Supreme Court Denies Cert in Indian Law Cases Today
The Supreme Court denied cert in two petitions captioned Cook v. Avi Casino Enterprises (Nos. 08-929, 08-930). It’s on page 4 of this order list.
This is good news for Indian Country (and for my student writing a paper on this subject — you reading this, J.?). There is a split of authority on the question of whether tribal business enterprises are immune from suit in a state law dram shop action, as we have discussed before. But I’m guessing the Court thinks it’s either unimportant or too much a state law question, since each state has its own version of dram shop laws and applies its own understanding of tribal sovereign immunity. But who knows….
Sixth Circuit to Decide Tribal Enterprise Immunity Case — UPDATED!
The case is Memphis Biofuels v. Chickasaw Nation Industries, being appealed to the Sixth Circuit from the Western District of Tennessee. The case involves the assertion by CNI, a Section 17 corporation, that it is entitled to sovereign immunity, and that there is no federal subject matter jurisdiction over this contract claim against it. The lower court granted CNI’s motion to dismiss and Memphis Biofuels has appealed to the Sixth Circuit.
Here are the lower court materials:
memphis-biofuels-complaint-and-exhibits
cni-motion-to-dismiss-and-exhibits
memphis-biofuels-response-to-motion-to-dismiss
memphis-biofuels-supplemental-memorandum
Sixth Circuit materials:
Chickasaw Nation on NPR’s Morning Edition
You can listen to the story at the link below, or read the text here.
A Sovereign (And Successful) Chickasaw Nation
by Arun Rath
Morning Edition, April 27, 2009 · If we think of the Chickasaw as a nation, their No. 1 foreign policy priority is trade. Their No. 1 trading partner? Texas.
The WinStar casino is right across the border in Oklahoma, and it’s the closest legal gambling to Dallas, so even on a Tuesday night, the vast parking lot is filled with Texas tags.
Like many Indian tribes, the Chickasaw rake in huge sums from their casinos. But there’s a certain nervousness here about basing a whole nation’s fortunes on gambling.
“My mom used to say, ‘Don’t put all your eggs in one basket,’ and that’s the essence of what we try to do with our businesses,” says Bill Anoatubby, who has been the governor of the Chickasaw Nation since 1987. He is now serving his sixth elected term. “There’s always this resistance to gaming — it’s in the community, it’s in the Congress — so you really, you’re not sure what the direction might be. Congress, with very little notice, could change the rules on us, and if they did, we would be — we could have problems.”
Anoatubby has spent much of the past 20 years working to strengthen the nation’s foundation by diversifying the tribe’s economy.
“We shouldn’t rely strictly on gaming, and we should invest as much as we can while the dollars are there,” he says. “We will take the profits from gaming, and we will invest those in new things.”
Call for Papers: Tribal Nation Economics and Legal Infrastructure
CALL FOR PAPERS
Tribal Nation Economics and Legal Infrastructure
This call for papers seeks submissions for the AALS Indian Nations and Indigenous Peoples Section’s 2010 publication of selected papers. The Section will meet during the American Association of Law School’s Annual Conference on January 8th, 2010. The Indian Nations and Indigenous Peoples Section Meeting will focus on “Tribal Nation Economics and Legal Infrastructure.” The Washburn Law Journal will be publishing the papers on this topic accepted for publication.
Arizona Snowbowl Case — Will US Recommend Cert Grant, Too?
As Indianz reports, the Navajo Nation v. United States Forest Service cert petition is brewing. A bunch of amici have filed supporting the cert petition, which definitely gets the attention of the Supreme Court (or at least the cert pool).
There are times when the respondent to a cert petition agrees with the petitioner that the Court should grant cert and hear the case. It happened in Negonsott v. Samuels (link to cert pool memo) and it could happen again … maybe.
There isn’t a classic or clear circuit split, but the CA9 in the Snowbowl case has come up with the most restrictive way to interpret RFRA’s “substantial burden test,” and I bet the United States would like to see the CA9’s rule expanded nationwide. And since American Indian religious freedom rights don’t do very well in the SCT, the United States might think this is the right vehicle and take a gamble. I’m being pretty cynical, and it is pretty unlikely, but you never know.
Turtle Talk 
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