Navajo Sues Interior over Fee-to-Trust Notice Rules

January 10, 2020Matthew L.M. Fletcher

Here is the complaint in Navajo Nation v. Dept. of the Interior (D. Ariz.):

1-complaint-1.pdf

California COA Rejects Fourth Effort by Private Party to Shut Down Beer Sales by Torres Martinez Desert Cahuilla Indians

January 10, 2020Matthew L.M. Fletcher

Here is the unpublished opinion in Barrett v. Selnek-is Tem-al Corp.:

barrett-opinion.pdf

Tenth Circuit Affirms United States v. Uintah Valley Shoshone Tribe

January 9, 2020January 9, 2020Matthew L.M. Fletcher

Here is the opinion. An excerpt:

We recognize that in interpreting federal statutes in Indian affairs we “provide for a broad construction when the issue is whether Indian rights are reserved or established, and for a narrow construction when Indian rights are to be abrogated or limited.” Felter, 752 F.2d at 1512; see also F. Cohen, Handbook of Federal Indian Law 224–25 (1982). In Felter, we determined the hunting and fishing rights of the individuals were not abrogated because the statute did not clearly abrogate them—this is a narrowing construction. But we cannot also conclude that the Termination Act implicitly gave the Uintah Valley Shoshone Tribe authority to exercise Ute tribal rights with respect to hunting and fishing, when the Act plainly established those rights within the Ute Tribe.

Briefs here.

National Indian Law Library Bulletin (1/8/2020)

January 8, 2020Matthew 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 narf.org/nill/bulletins/

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2019-2020update.html
Petition for certiorari was filed in this case on 12/23/19:
McMahon v. Chemehuevi Indian Tribe (Reservation Diminishment)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2020.html
Narragansett Indian Tribe v. Hendrickson (National Historic Preservation Act)
Big Horn County Electric Cooperative, Inc. v. Big Man (Sovereign Immunity)
Eglise Baptiste Bethanie de St. Lauderdale, Inc. v. Seminole Tribe of Florida (Sovereign Immunity)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2020.html
The People in the Interest of S.B. (Indian Child Welfare Act)

Tribal Courts Bulletin
https://www.narf.org/nill/bulletins/tribal/2020.html
Martell v. Fort Peck Tribes (Court Procedure)
Moon v. Hoopa Valley Tribe (Employee Termination)

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

Aboriginal rights and constitutional conflict: The Marshall court, state federal and sovereignty and Native American rights under the 1789 constitution.
Nothing is over: FTCA claims for toxic torts on Native lands.
Green means go: Tribes rush to regulate cannabis in Indian Country.
Waived: The detrimental implications of U.S. immigration and border security measures on southern border tribes–an analysis of the impact of President Trump’s border wall on the Tohono O’odham Nation.

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

New Muscogee (Creek) Nation leaders take office
Indigenous song keepers reveal traditional ecological knowledge in music
Native Americans fight historical discrimination to lower diabetes, obesity rates
South Dakota state of the tribes speech is like ‘trying to put the toothpaste back in the tube’
Open letter on Mauna Kea by Violet Pohakuku’i’ai Lui
Montana extends Spring Creek Mine permit, questions over tribal immunity remain
Why are Diné LGBTQ+ and Two Spirit people being denied access to ceremony?
Letter to the editor: Stitt’s attack on tribes follow the Trail of Tears pattern

APPLICATIONS OPEN NOW

January 8, 2020January 8, 2020Monica Williamson

Pre-Law students can apply today for The Native American Pipeline to Law Admissions Workshop to prepare for the law school application process while networking with law school professionals. More information below.

June 17-21, 2020

Apply by April 24, 2020

Hosted at the MSU College of Law in East Lansing, MI

pipeline-to-law-workshop-2020-flyer

Register Today for Pre-Law Advisor Training

January 8, 2020Monica Williamson

Please share widely! Registration fee waivers and travel reimbursements are available for Tribal Education Departments, Tribal Colleges and Universities.

Pathways to the Legal Profession: Identifying, Advising, and Supporting Native American Pre-Law Students

February 4-5, 2020

Isleta Resort and Casino, Pueblo of Isleta, New Mexico

The Pathways to the Legal Profession conference aims to increase the number of competitive Native law school applicants nationwide by providing mentors necessary skills and resources to identify, advise, and support the next generation of Indigenous attorneys.

Registration, hotel information and additional information about the agenda can be found here. Please register by January 24, 2020.

Please note that this conference is designed for advisors. If you are interested in becoming a law student, learn about the Native American Pipeline to Law Initiative.