Strict Scrutiny Podcast on the Yellen v. Chehalis Decision

Here. It’s near the end, but a lengthy, substantive discussion.

National Indian Law Library Bulletin (6/23/2021)

Here:

The Native American Rights Fund is hiring. Learn more about the vacancies at the NARF website>

NARF also invites 3L law students, recent law school graduates, and those with judicial clerkships to apply for sponsorship for a post-graduate public interest fellowship.  Skadden Fellowship deadline is July 9. Learn more>

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/

U.S. Supreme Court Bulletin

http://www.narf.org/nill/bulletins/sct/2020-2021update.html
One petition for certiorari was denied on 6/21/21:

  • Club One Casino v. Haaland (Jurisdiction)

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

  • Big Sandy Rancheria Enterprises v. Bonta (Sovereign Immunity; Indian Taxation)
  • Backcountry Against Dumps v. Bureau of Indian Affairs (Trust Relationship; Cultural Resources)

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

  • In the Matter of the Welfare of the Children of: B.M.S., T.J.R.T., and D.A.M. (Indian Child Welfare Act; Minnesota Indian Family Preservation Act)

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

  • Mayes v. Cherokee Nation Election Commission (Tribal Elections)
  • Morales v. Fort Peck Tribes (Tribal Law)

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

  • S.2071 – A bill to provide grants to States, territories, Puerto Rico, the District of Columbia, and eligible Tribal entities to promote access to affordable, high-speed broadband and digital equity.
  • S.2092 – A bill to permanently authorize the Native Community Development Financial Institutions lending program of the Department of Agriculture, and for other purposes.
  • S.2167/H.R.4052 – A bill to establish a national, research-based, and comprehensive home study assessment process for the evaluation of prospective foster parents and adoptive parents and provide funding to States and Indian tribes to adopt such process.
  • S.2177 – A bill to amend the Mineral Leasing Act to ensure sufficient bonding and complete and timely reclamation of land and water disturbed by Federal and Indian oil and gas production, and for other purposes.
  • H.R.4054 – To amend the Internal Revenue Code of 1986 to treat Indian tribal governments in the same manner as State governments for certain Federal tax purposes, and for other purposes.

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 sky will not fall in Oklahoma.
  • A coherent ethic of lawyering in post-McGirt Oklahoma.
  • Renewable energy depends on tribal sovereignty.
  • White tape and Indian wards: Removing the federal bureaucracy to empower tribal economies and self-government.
  • Hawai’i ’78: Collective memory and the untold legal history of the reparative action for Kānaka Maoli.

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

  • Secretary Haaland announces federal Indian boarding school initiative
  • Yakama Nation celebrates ‘resounding victory’ for treaty lands
  • Navajo Nation disappointed in lack of Native Americans selected for New Mexico Citizen Redistricting Committee
  • Pueblo of Acoma signs 15-year agreement with Colorado energy company, makes plans to maintain its own utility
  • ‘We’re just somebody little’: Amid plans to mine lithium deposit, Indigenous, rural communities find themselves at the center of the energy transition
  • South Dakota Native Homeownership Coalition celebrates upward trend in Native American homeownership during National Homeownership Month
  • ‘Bring us your dreams.’ This Native-led fund aims to ‘decolonize philanthropy’ in the Northwest
  • There are many unmarked graves of Indigenous kids at US boarding schools too
  • Decolonize climate adaptation research
  • Indigenous women invite Deb Haaland to see devastation of Line 3 for herself
  • Juneteenth from a Black Indigenous perspective

NABA-DC Summer Programs

Every summer, the Native American Bar Association – DC (NABA-DC) organizes events and programs for summer interns interested in the field of Indian law and policy.  The NABA-DC programs include the Brownbag Program and Mentorship Program.  Through each program, interns will be able to meet and engage with professionals currently working in DC on issues impacting Indian Country. 

The Brownbag program provides summer interns an opportunity to attend lunches hosted by offices such as government agencies, law firms, and non-profit organizations.  For more information on the NABA-DC Brownbag Program, please contact nabadcbrownbag@gmail.com

The mentorship program provides summer interns an opportunity to engage one-on-one with professionals in the DC Indian Law community.  For more information on the NABA-DC mentorship program, please contact nabadcmentorship@gmail.com

Students and summer interns may sign-up to participate in the summer programs here:  https://forms.gle/v3vXjtkcJnr3DSE3A  

Indian Country Professionals may sign-up to volunteer as a mentor here:  https://forms.gle/voueFjKZZCPfcset7

NYTs: “Haaland Wants to Restore Environmental Safeguards for Three National Monuments”

Here.

Split Minnesota COA Panel Rules in Favor of Enbridge Line 3

Here is the opinion in In the Matter of the Application of Enbridge Energy.

National Indian Law Library Bulletin (6/9/2021)

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/

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 5/28/21:

  • Phillips, et al. v. Oneida Indian Nation (Indian Taxation)

A petition for certiorari was denied in one case on 6/7/21:

  • Seneca County v. Cayuga Indian Nation of New York (Indian Taxation; Tribal Sovereign Immunity)

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

  • Ohlsen v. United States (FTCA)
  • Paskenta Band of Nomlaki Indians v. Crosby (RICO Act)

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

  • In re N.R. (Indian Child Welfare Act)

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

  • In defense of the Indian Commerce Clause.
  • The time is now for the IACHR to address climate action as a human right: Indigenous communities can lead (again).
  • Unqualified? Investing in qualified opportunity zones on reservations.
  • Beyond a sliver of a full moon: Acknowledging and abolishing white bias to restore safety and sovereignty to Indian Country.

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

  • Lakota victory: Cheyenne River Sioux Tribe celebrates denial of Noem’s fireworks fiasco
  • Cherokee Nation files 1,000th case in tribal court since McGirt ruling
  • ND activists: Lack of tribal inclusion in redistricting runs deep
  • Tackling tribal connectivity: NAU scientist Vigil-Hayes developing broadband solutions for rural areas
  • NCAI weighs in on discovery of remains of 215 children at Indian residential school in Canada
  • Pipeline workers are scaring Indigenous elders away from their own lands
  • Native American mascots could be banned from Colorado schools by October
  • IU works with Native American tribes on new measures to strengthen partnership
  • Wyoming tribes take over full ownership of oil and gas field
  • Native Americans most likely to die from police shootings, families who lost loved ones weigh in
  • Two-spirit pride stories

NCAI Amicus Brief Supporting Standing Rock Protester Shot in Face by Police with Lead Bean Bag

Here is the brief in Mitchell v. Kirchmeier (8th Cir.):

NCAI Amicus Brief

Little Traverse Odawa En Banc Petition in Reservation Boundaries Case

Here:

LTBB En Banc Petition

Panel materials here.