Here:

We have scoured the web. Here are some of the latest materials related to Indian Law. Find all of the latest updates at https://narf.org/nill/bulletins/

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2021.html

• Loring v. Daly (Tribal Sovereign Immunity; Religious Land Use and Institutionalized Persons Act)
• United States, Osage Minerals Council v. Osage Wind, LLC (Wind Turbines; Property Rights)
• Noem v. Haaland (National Historic Preservation Act; Religious Freedom Restoration Act)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2021.html

• Petitioner/Cross-Respondent: The People of the State of Colorado, In the Interest of Minor Children: K.C. and L.C., v. Respondents/Cross-Petitioners: K.C. and L.C., and Concerning Respondent: D.C. (Indian Child Welfare Act)
• Great Plains Lending, LLC v. Department of Banking (Tribal Sovereign Immunity; Sovereign Lending)
• Jamelle A. v. Department of Child Safety (Indian Child Welfare Act)

U.S. Legislation – 117th Congress Bulletin
https://narf.org/nill/bulletins/legislation/117_uslegislation.html

• S.1725 – A bill to grant a Federal charter to the National American Indian Veterans, Incorporated.
• S.1735 – A bill to establish an Office of Native American Affairs within the Small Business Administration, and for other purposes.
• S.1797/H.R.3496 – To amend the Indian Health Care Improvement Act to expand the funding authority for renovating, constructing, and expanding certain facilities.

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2021.html

• Ending the interminable gap in Indian Country water quality protection.
• Native treaties and conditional rights after Herrera.
• “The rule of the strong, not the rule of law”: Reexamining implicit divestiture after McGirt v. Oklahoma.
• Tribal lending after Gingras.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:

• Bipartisan bill brings long-overdue boost to urban Indian health providers
• Washington State Tribal Coalition passes unprecendented climate change bill, puts consent instead of consultation into law
• Gov. Noem’s Mount Rushmore lawsuit sparks legal fight with tribe
• In new ad campaign, tribal coalition urges Biden to ‘restore and expand’ Bears Ears monument
• Colonization’s dark history puts heavy burden on tribes seeking repatriation of remains, objects
• Protocol will help guide Indigenous knowledges and data collecting, sharing, interpretation and storage
• Indigenous healthcare professional and student discuss their journeys in the healthcare field
• The Gila River Indian Community innovates for a drought-ridden future
• Call Number with American Libraries Podcast: NILL Director Anne Lucke discusses the importance of a library dedicated to tribal law
• Petroglyph vandalism is not a victimless crime

Save the Date for a virtual Domestic/Family Violence Advocacy Training, June 16-17, 2021.

For more information, or to register, email: training@native-knowledge.com.

Recent articles posted on SSRN:

‘The Court of the Conqueror’: Colonialism, the Constitution, and the Time of Redemption

Law’s Infamy: Understanding the Canon of Bad Law (eds. Austin Sarat, Lawrence Douglas, and Martha M. Umphrey) (NYU Press 2021).Number of pages: 42 Posted: 18 May 2021Working Paper SeriesSherally MunshiGeorgetown University Law Center

On Power & the Law: McGirt v. Oklahoma

Sup. Ct. Rev. __ (forthcoming 2021).Number of pages: 57 Posted: 18 May 2021 Last Revised: 19 May 2021Accepted Paper SeriesMaggie BlackhawkUniversity of Pennsylvania Carey Law School

Tribal Consultation: Toward Meaningful Collaboration with the Federal Government

33 Colorado Natural Resources, Energy & Environmental Law Review 1, ForthcomingNumber of pages: 53 Posted: 14 May 2021Working Paper SeriesMichael C. Blumm and Lizzy PennockLewis & Clark Law School and Lewis & Clark College – Lewis and Clark Law School

PERMANENT HOMELANDS THROUGH TREATIES WITH THE UNITED STATES: RESTORING FAITH IN THE TRIBAL NATION-U.S. RELATIONSHIP IN LIGHT OF THE MCGIRT DECISION

47 Mitchell Hamline Law Review 640 (2021)Number of pages: 46 Posted: 29 Apr 2021Accepted Paper SeriesAngelique EagleWomanMitchell Hamline School of Law

A National Truth Commission for Native Americans

Wisconsin Journal of Law, Gender & Society, 2021Number of pages: 35 Posted: 22 Apr 2021Accepted Paper SeriesSara OchsUniversity of Louisville Brandeis School of Law

The Marshall Factor: How Forced Sterilization of Native American Women Birthed Generational Reproductive Injustice

Number of pages: 30 Posted: 19 Apr 2021Working Paper SeriesMicaela SimpsonSouthern University Law Review

The Blind Eye: Jus Soli, and the “Pretended” Treaty of New Echota

9 American Indian Law Journal (2021) (forthcoming), U Iowa Legal Studies Research Paper ForthcomingNumber of pages: 46 Posted: 09 Apr 2021Accepted Paper SeriesChristopher RossiUniversity of Iowa College of Law

E Ola Ka ‘Ōlelo Hawai‘i:Protecting the Hawaiian Language and Providing Equality for Kānaka Maoli

UCLA The Indigenous Peoples’ Journal of Law, Culture & ResistanceNumber of pages: 51 Posted: 01 Apr 2021Accepted Paper SeriesTroy J.H. AndradeUniversity of Hawai’i at M?noa | William S. Richardson School of Law

Incorporation by Any Other Name? Comparing Congress’ Federalization of Tribal Court Criminal Procedure with the Supreme Court’s Regulation of State Courts

Kentucky Law Journal, Vol. 109, No. 299, 2020Number of pages: 60 Posted: 29 Mar 2021Accepted Paper SeriesJordan GrossAlexander Blewett III School of Law at the University of Montana

Jurisprudence and Recommendations for Tribal Court Authority Due to Imposition of U.S. Limitations

47 Mitchell Hamline L. Rev. 339 (2021)Number of pages: 33 Posted: 23 Feb 2021Accepted Paper SeriesAngelique EagleWomanMitchell Hamline School of Law

Politician in Public, Plotter in Private: How Thomas Jefferson Conquered the West and Robbed Native Americans of Their Birthright

Number of pages: 24 Posted: 14 Feb 2021Working Paper SeriesEdward AdamsThe Blake School

Indian Law Bulletins
from the National Indian Law Library

We have scoured the web. Here are some of the latest materials related to Indian Law. Find all of the latest updates at narf.org/nill/bulletins/

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2020-2021update.html
A petition for certiorari was filed in one case on 4/14/21:

• Gilbert v. Weahkee (Indian Health Service; ISDEAA Contracts)

A petition for certiorari was filed in another case on 4/26/21:

• Pierson v. Hudson Insurance Company (Waiver of Sovereign Immunity; Criminal Jurisdiction)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2021.html

• Rabang v. Kelly (Disenrollment)
• Navajo Nation v. Department of the Interior (Water Rights; Trust Breach)
• Dutchover v. Moapa Band of Paiute Indians (Sovereign Immunity; Tribal Police)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2021.html

• Michael C., Tyana T. v. Department of Child Safety, Greenville Rancheria (Indian Child Welfare Act)
• Olga C. v. Department of Child Safety, Tohono O’odham Nation (Indian Child Welfare Act)

Tribal Courts Bulletin
https://www.narf.org/nill/bulletins/tribal/2021.html

• Fort Peck Tribes v. Smith (Exclusion; Banishment; Indian Civil Rights Act)

U.S. Legislation – 117th Congress Bulletin
https://narf.org/nill/bulletins/legislation/117_uslegislation.html

• S.1402 – A bill to amend the Native American Languages Act to ensure the survival and continuing vitality of Native American languages, and for other purposes.
• S.1471/H.R.2930 – To enhance protections of Native American tangible cultural heritage, and for other purposes.
• H.R.2878 – To direct the Secretary of Veterans Affairs to carry out a Native VetSuccess at Tribal Colleges and Universities Pilot Program.

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2021.html

• The Secretary of the Interior has the authority to take land into trust for federally recognized Alaska tribes.
• “The desert is our home.”
• Coeur D’alene Tribe v. Hawks: Why federal courts have the power to recognize and enforce tribal court judgments against nonmembers “because of the federal government’s unique relationship with Indian tribes.”
• The disproportionate effect on Native American women extending the Federal Involuntary Manslaughter Act to include a woman’s conduct against her child in utero: United States v. Flute.
• Mirrored harms: Unintended consequences in the grant of tribal court jurisdiction over non-Indian abusers.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:

• New report looks into water insecurity in tribal lands across Colorado River Basin
• Cherokee Nation working to deal with avalanche of McGirt cases
• Ninth Circuit Court of Appeals decision delivers significant victory for the Navajo Nation
• Pueblo, Indian Health Service reach hospital agreement
• Ute Indian Tribe Business Committee engages Aquila Cubed Consulting, LLC, to expand economic development opportunities with Federal Communications Commission Spectrum License
• Poet Laureate launches project to commemorate Indigenous communities
• Federal partners, tribal leaders, Native youth carry messages of resiliency, overcoming COVID-19 trauma at National Tribal Public Health Summit
• Schatz leads Indian Affairs oversight hearing to examine federal COVID-19 response in Native education systems
• UW grad combines research, tribal traditions in wolf relationship plan
• Indigenous media suffer from lack of funding, representation

Tribal Court Lay Advocates and law students can join the Indian Law Section as an associate member here: https://www.montanabar.org/page/ILSassociatemembership (not required to attend CLE).

Indian Law Section CLE

Presented by the Indian Law Section, State Bar of Montana; 

With the Criminal Law Section, State Bar of Montana 

Friday, May 7, 2021

(all times MST)

Register here: https://www.montanabar.org/events/EventDetails.aspx?id=1497436

12:45 – 1:00: Opening (Lillian Alvernaz, Indian Law Section Chair; James Taylor, Criminal Law Section Chair; Sam Alpert, State Bar of Montana) 

1:00 – 2:45: The Death Penalty in State & Federal Courts

• Panelists: 
  • Michael Donahoe, Deputy Federal Defender, Federal Defenders of Montana
  • SK Rossi, Owner, Central House Strategies 
  • Gary Mitchell, Attorney
• Session Moderator: James Taylor, Managing Attorney, Tribal Prosecutors Office, Confederated Salish & Kootenai Tribes
• Session Overview: The panel will present an overview of the federal death penalty and the ethical issues in representing someone facing a possible death sentence; the history of the death penalty in Montana with an emphasis on recent changes in the state system; and an in-depth discussion of United States v. Lezmond Mitchell. 

2:45 – 3:00: Break

3:00 – 4:45: Holistic Responses in the Tribal Justice System

• Panelists: 
  • Dr. Sarah Deer, Professor, University of Kansas
  • Kathleen Littleleaf, Billings Urban Indian Health & Wellness Center
• Session Moderators: Robin Turner (ILS Section Member) & Lillian Alvernaz
• Session Overview: This panel will discuss the impacts of over-policing and incarceration of Native American people and how Tribal justice systems can work to holistically support individuals involved in the criminal justice system. The presenters will also explore the disproportionate victimology of the Native American population and how abiding by non-Indian systems of justice fails Native American people.

4:45 – 5:00:  Closing