Research

Native American Law Library Bulletin (6/3/2021)

Matthew L.M. Fletcher

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
One case was decided this week on 6/1/21:

  • United States v. Cooley (Indian Civil Rights Act; Tribal Police; Exclusionary Rule)

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

  • Kalispel Tribe of Indians v. Department of the Interior (Trust Responsibilities; IGRA)
  • Chemehuevi Indian Tribe v. United States (Bureau of Indian Affairs; 638 Contract)

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

  • Makah Indian Tribe v. Commissioner of Public Lands (Treaty Rights)

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

  • S.1868 – A bill to amend the Child Abuse Prevention and Treatment Act to require that equitable distribution of assistance include equitable distribution to Indian Tribes and Tribal organizations, to increase amounts reserved for allotment to Indian Tribes and Tribal organizations under certain circumstances, and to reserve amounts for migrant programs under certain circumstances, and to provide for a Government Accountability Office report on child abuse and neglect in American Indian Tribal communities.
  • S.1880/S.1897 – A bill to direct the Federal Trade Commission to submit to Congress a report on unfair or deceptive acts or practices targeted at Indian Tribes or members of Indian Tribes, and for other purposes.
  • S.1895 – A bill to require the Secretary of Health and Human Services to award additional funding through the Sanitation Facilities Construction Program of the Indian Health Service, and for other purposes.
  • S.1901 – A bill to amend the Act of June 18, 1934, to reaffirm the authority of the Secretary of the Interior to take land into trust for Indian Tribes, and for other purposes.
  • S.1911 – A bill to provide for the settlement of the water rights claims of the Fort Belknap Indian Community, and for other purposes.
  • S.1951 – A bill to make additional Federal public land available for selection under the Alaska Native Vietnam era veterans land allotment program, and for other purposes.
  • S.1957 – A bill to establish digital services in State, county, local, and Tribal governments, and for other purposes.
  • H.R.3587 – To prescribe procedures for effective consultation and coordination by Federal agencies with federally recognized Tribal Governments regarding Federal Government actions that impact Tribal lands and interests to ensure that meaningful Tribal input is an integral part of the Federal decision-making process.
  • H.R.3649 – To extend Federal recognition to the Mono Lake Kutzadikaa Tribe, 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

  • Cultural competency and the law: Productive justice for American Indians.
  • Mitigating disparities in access to healthcare among Native American communities through telehealth.
  • The reasonable Indigenous youth standard.
  • Indiana’s Indian laws: Indigenous erasure and racism in the land of the Indians.

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

  • Court unanimously holds that Indian tribes retain the inherent power to police non-Indians
  • President’s 2022 budget includes increases in funding for Indian Country, including a 36% increase for Indian Health Service
  • Choctaw Nation taking first steps to grant citizenship to Freedmen
  • San Carlos Apache Tribe nearly halts spread of coronavirus
  • Treaties offer new aid in environmental fights
  • Vaccine information available in Native languages
  • Chair Grijalva introduces RESPECT Act to establish and require government-to-government consultation between federal agencies, tribal leaders
  • The Karuk used fire to manage the forest for centuries. Now they want to do that again
  • Freedmen’s effect on Black Wall Street
  • Diné historian strengthens history of traditional matriarchal leadership

NYTs: “The Promise and Pressures of Deb Haaland, the First Native American Cabinet Secretary”

Matthew L.M. Fletcher

Here.

Save the date! ILPC/TICA 18th Annual Indigenous Law Conference

Monica Williamson

Join us November 4-5, 2021 with November 3 pre-conference activities. PDF save the date flyer here.

Registration is coming soon, you can check www.indigenouslawconference.com for updates.

None of us are quite sure what the remainder of 2021 will bring, or whether we will be able to host an in-person conference, remain virtual, or do some other hybrid; but please mark your calendars for the annual Fall Conference.

National Writers Series: Robin Wall Kimmerer — June 10, 2021

Matthew L.M. Fletcher

Details here.

ROBIN WALL KIMMERER

Robin Wall Kimmerer is a mother, scientist, decorated professor, and enrolled member of the Citizen Potawatomi Nation. She is the author of Braiding Sweetgrass: Indigenous Wisdom, Scientific Knowledge and the Teaching of Plants, which has earned Kimmerer wide acclaim. Her first book, Gathering Moss: A Natural and Cultural History of Mosses, was awarded the John Burroughs Medal for outstanding nature writing.

As a writer and a scientist, her interests in restoration include not only restoration of ecological communities, but restoration of our relationships to land. She holds a BS in Botany from SUNY ESF, an MS and PhD in Botany from the University of Wisconsin and is the author of numerous scientific papers on plant ecology, bryophyte ecology, traditional knowledge and restoration ecology. 

EVENT AND BOOK

This special TICKETED virtual event is presented in partnership with For Love of Water (FLOW), a nonprofit dedicated to protecting and preserving the extraordinary and essential natural resources of the Great Lakes. Half of the proceeds from our ticket sales will go to FLOW to support their mission. We are also honored to welcome Chairman David M. Arroyo of the Grand Traverse Band of Ottawa and Chippewa Indians for a blessing at the beginning of our event, and the Botanic Garden at Historic Barns Park as a community partner.

As a botanist, Robin Wall Kimmerer has been trained to ask questions of nature with the tools of science. As a member of the Citizen Potawatomi Nation, she embraces the notion that plants and animals are our oldest teachers. In Braiding Sweetgrass: Indigenous Wisdom, Scientific Knowledge and the Teachings of Plants, Kimmerer brings these two lenses of knowledge together to take us on “a journey that is every bit as mythic as it is scientific, as sacred as it is historical, as clever as it is wise” (Elizabeth Gilbert).

Braiding Sweetgrass weaves together a central argument: that the awakening of a wider ecological consciousness requires the acknowledgment and celebration of our reciprocal relationship with the rest of the living world.

This event is made possible in part by a grant from the Michigan Humanities, an affiliate of the National Endowment for the Humanities.

GUEST HOST | MATTHEW L.M. FLETCHER

Matthew L.M. Fletcher is Foundation Professor of Law at Michigan State University College of Law and Director of the Indigenous Law and Policy Center. He has been a visiting professor at the University of Arizona Rogers College of Law, the University of Michigan Law School, the University of Montana Blewett School of Law, and Stanford Law School. He is a frequent instructor at the Pre-Law Summer Institute for American Indian students. He sits as the Chief Justice of the Poarch Band of Creek Indians Supreme Court and also sits as an appellate judge for the Colorado River Indian Tribes, the Hoopa Valley Tribe, the Mashpee Wampanoag Tribe, the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians, the Pokagon Band of Potawatomi Indians, the Nottawaseppi Huron Band of Potawatomi Indians, the Rincon Band of Luiseño Indians, the Santee Sioux Tribe of Nebraska, and the Tulalip Tribes. He is a member of the Grand Traverse Band of Ottawa and Chippewa Indians.

New Issue of the American Indian Law Journal, Vol. 9, No. 2

Matthew L.M. Fletcher

Here:

Current Issue: Volume 9, Issue 2 (2021)

Articles

PDF

In Defense of the Indian Commerce Clause
Stephen Andrews

PDF

The Time Is Now For The IACHR To Address Climate Action As A Human Right: Indigenous Communities Can Lead (Again)
Lara C. Diaconu

PDF

Unqualified? Investing In Qualified Opportunity Zones On Reservations
Ben Gibson

PDF

Beyond A Sliver Of A Full Moon: Acknowledging And Abolishing White Bias To Restore Safety & Sovereignty To Indian Country
Mary T. Hannon

PDF

Inuit Nunangat Regional Overlaps: Reciprocal Harvesting & Wildlife Management Agreements
Christopher M. Macneill

PDF

Rebalancing Bracker Forty Years Later
William McClure and Thomas E. McClure

PDF

Native Nations’ Land Ownership And Our Disservice To Their People And Culture A Proposed Legislative Solution And A Lesson To Be Learned
David E. Missirian

PDF

The Blind Eye: Jus Soli, And The “Pretended” Treaty Of New Echota
Christopher Robert Rossi

PDF

Case Law On American Indians
Thomas P. Schlosser

National Indian Law Library Bulletin (5/26/2021)

Matthew L.M. Fletcher

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

Tule River Indian Tribe of California & OJS Domestic/Family Violence Advocacy Training

Monica Williamson

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.

American Indian Law Scholarly Update

Matthew L.M. Fletcher

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