Fourth Circuit Denies Enforcement of Tribal Payday Lending Arbitration and Governing Law Provisions in Two Decisions

Here are the materials in Gibbs v. Haynes Investments LLC:

Opinion

Gibbs Brief

Haynes Brief

NAFOA Amicus Brief

Reply

American Association for Justice Amicus Brief

Here are the materials in Gibbs v. Sequoia Capital Operations LLC:

Opinion

Sequoia Brief

NAFOA Amicus Brief

Gibbs Brief

Reply

Oklahoma SCT Holds Gov. Stitt Did Not Possess Authority to Enter into Gaming Compacts with Comanche Nation & Ote-Missouri Tribe

Here is the opinion in Treat v. Stitt:

Opinion

Jabot Podcast: “The Native American Critique Of New Law School Study”

Here, featuring two of my former students (!), not that it’s about me.

Links embedded in the article here:

Additional Reading:
– Native women law students excluded from so-called “Women of Color in Law Schools” study
– Native American Attorney Study

N.Y. Supreme Court Dismisses Cayuga Nation Defamation Suit re: “Billions” T.V. Show

Here is the order in Cayuga Nation v. Showtime Networks Inc. (N.Y. Sup. Ct.):

Opinion

Briefs:

Motion to Dismiss

Opposition

Reply

Here is the Native America Calling show where Fletcher discussed the suit when it was filed.

We posted the complaint here.

Federal Court Dismisses Challenge to Tribal TERO Order

Here are the materials in Hanson v. Parisien (D.N.D.):

1 Complaint

1-1 Tribal Court Order

1-2 Tribal Appellate Court Order

16-1 Motion to Dismiss

18 Response

19 Reply

20 DCT Order

Federal Suit Launched against State Jurisdiction in Oklahoma Post-McGirt

Here is the complaint in Pickup v. District Court of Nowata County (N.D. Okla.):

2 Complaint

National Indian Law Library Bulletin (7/15/2020)

Here:

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/2019-2020update.html
One case was decided on 7/9/20:
McGirt v. Oklahoma (Criminal Jurisdiction)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2020.html

  • Williams v. Medley Opportunity Fund II, LP (Tribal Sovereign Lending)
  • Crow Indian Tribe v. United States (Endangered Species Act; Yellowstone Grizzlies)
  • Dossett v. Ho-Chunk, Inc. (Sovereign Immunity)
  • Shopbell v. Washington State Department of Fish and Wildlife (Treaty Rights)
  • Grondal v. Mill Bay Members Association, Inc. (Indian Allotment)
  • Poarch Band of Creek Indians v. Amneal Pharmaceuticals, LLC (Opioid Manufacturing)

U.S. Legislation – 116th Congress Bulletin
https://narf.org/nill/bulletins/legislation/116_uslegislation.html

  • H.R.7557 – To amend title VI of the Social Security Act to extend the coverage of Coronavirus Relief Fund payments to Tribal Governments.
  • H.R.7565 – To authorize the Seminole Tribe of Florida to lease or transfer certain land, 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/2020.html

  • Chipping away at the public trust doctrine: Mauna Kea and the degradation principle.
  • When the Navajo Generating Station closes, where does the water go?
  • An odd way to read a preemption statute: The Atomic Energy Act, Virginia Uranium, and the Diné Natural Resource Protection Act.
  • Redefining tribal sovereignty for the era of fundamental rights.
  • “You’re in apple land but you are a lemon”: Connection, collaboration, and division in early ’70s Indian Country.
  • Herrera v. Wyoming: The Supreme Court’s most recent attempt to balance tribal rights, state power, and conservation efforts.

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

  • Court blocks Montana law that restricts voting rights of Native Americans
  • The McGirt case is a historic win for tribes
  • Q&A: What does McGirt ruling mean?
  • How the ‘only family’ argument is used against Indigenous families
  • Black Lives Matter for Freedman Descendants of the Five Civilized Tribes
  • Pandemic complicates tribes’ quest for data sovereignty
  • Indigenous groups launch first national $1 million direct cash program for Native Americans during COVID-19 pandemic
  • State Supreme Court vacates racist 1916 ruling in Yakama fishing rights case
  • Ninth Circuit rules to restore protections for Yellowstone grizzlies

Indiana COA Affirms Drug Conviction of Non-Indian on Tribal Lands

Here are the materials in Riggle v. State of Indiana:

Appellant Brief

Appellee Brief

Sentencing Order

Opinion