Best material we’ve seen from Indian country so far. Here.
Washington State American Indian Health Commission COVID 19 Resources
Best material we’ve seen from Indian country so far. Here.
Research
Cert Petition by Convicted RICO Defendant in Payday Lending Scheme Invoking Tribal Immunity
Here is the petition in Neff v. United States:
Questions presented:
1. Does a misrepresentation about the true identity of the owner of a business during settlement negotiations to resolve a civil lawsuit constitute a scheme to defraud the litigant of money or property in violation of the mail and wire fraud statutes?
2. Is the doctrine of tribal sovereign immunity wholly inapplicable in a circumstance where payday loans are made by a Native American tribe in affiliation with an entity acting as an “arm of the tribe” where such loans are made at interest rates in excess of state regulations, thus rendering the loans ipso facto unlawful debts in violation of the RICO statute?
3. Does the government have to prove willfulness to establish a RICO conspiracy to collect an unlawful debt?Lower court materials here.
Cert Petition by Western Ranchers and Farmers Challenging Reserved Water Rights [updated]
Here is the petition in Bales v. United States:
Question presented:
Whether, against the legal backdrop of Congress’s and this Court’s recognition of the primacy of state law to determine, quantify, and administer water rights, a federal court may deem federal agency regulatory action under the Endangered Species Act to constitute the adjudication and administration of water rights for tribal purposes.
Lower court materials here.
Update:
National Indian Law Library Bulletin (3/19/2020)
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/
Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2020.html
Jackson v. United States (Fee to Trust)
Bowman v. New York State Housing and Community Renewal (Title VII; Discrimination)
State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2020.html
In the Matter of K.G. (Indian Child Welfare Act)
U.S. Legislation – 116th Congress Bulletin
https://narf.org/nill/bulletins/legislation/116_uslegislation.html
- H.R. 6237 – To amend the Indian Health Care Improvement Act to clarify the requirement of the Department of Veterans Affairs and the Department of Defense to reimburse the Indian Health Servie for certain health care services.
- H.R. 6261 – To provide for coverage of testing for COVID-19 at no cost sharing for Indians receiving health services through Indian Health Service, 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
- How the New Deal became a raw deal for Indian nations: Justice Stanley Reed and the Tee-Hit-Ton decision on Indian title.
- Keeping cultural bias out of the courtroom: How ICWA “qualified expert witnesses” make a difference.
- United States v. Bryant: The results of upholding women’s rights and tribal sovereignty.
- What are the odds? The potential for tribal control of sports gambling after Murphy v. NCAA.
- Thickening the thin blue line in Indian country: Affirming tribal authority to arrest non-Indians.
News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:
- Dakota Access Pipeline case to be argued today in D.C.
- Indian Health Service can give COVID-19 tests, $40M allocated to tribes
- Tribes, voting rights groups challenge Montana ballot drop off law
- ‘Indigenous Matriarchs Rising’ celebrates Women’s History Month
- Tribal sovereignty should not be held hostage by Washington politics
- Opponents of proposed copper mine speak out about threat to Oak Flat
- ‘We’re going to practice our sovereign rights’: Oglala Sioux Tribe enters new era with cannabis vote
- COVID-19 resources for Indian tribes
- Reunification for healing: First of its kind
Eastern Band Cherokee Sues Interior over Catawba Trust Land Decision [Updated]
Here is the complaint in Eastern Band of Cherokee Indians v. Dept. of the Interior (D.D.C.):
And here is the Interior decision:
Federal Court Allows Yukon-Kuskokwim Health Corporation Suit against U.S. over Oil Spill to Proceed
Here is the order in Yukon-Kuskokwim Health Corporation v. United States (D.D.C.):
Federal Court Dismisses Snoqualmie’s Play for Hunting and Gathering Rights under Treaty of Point Elliott
Here are the materials in Snoqualmie Indian Tribe v. State of Washington (W.D. Wash.):
27-point-elliott-tribes-amicus-brief.pdf
We posted the complaint here.
Inquiry and Notice Case out of California (Published!)[ICWA]
At the detention hearing, Father said he had Native American Indian heritage, but he was unable to identify the correct tribe. Father believed his heritage was through his paternal grandmother. He provided CWS and the juvenile court with the names of his father and grandmother.
***
Father argues CWS failed to comply with ICWA requirements and the juvenile court did not make findings on whether ICWA applied. He contends the court was “not authorized to proceed with foster care placement until ICWA notice has been sent and received.” He is correct.
***
Here, CWS had reason to know the children might be Indian children. Accordingly, CWS was required to comply with ICWA notification requirements at least 10 days before the disposition hearing, because the hearing was an involuntary proceeding in which CWS “was seeking to have the temporary placement continue[d].” (Jennifer A., supra, 103 Cal.App.4th at pp. 700-701; 25 U.S.C. § 1912(a).)
This is very different from the reasoning applied by the Washington Court of Appeals here.
Ninth Circuit Rejects Upper Lake Pomo Citizens’ Play for Trust Land
NPR: “Tribes in Michigan struggle with decision to shut down casinos for coronavirus”
Here.
Turtle Talk 
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