MSU Press Publishes “After the Bloodbath Is Healing Possible in the Wake of Rampage Shootings?” by James Diamond

Here. The blurb:

As violence in the United States seems to become increasingly more commonplace, the question of how communities reset after unprecedented violence also grows in significance. After the Bloodbath examines this quandary, producing insights linking rampage shootings and communal responses in the United States. Diamond, who was a leading attorney in the community where the Sandy Hook Elementary School tragedy occurred, focuses on three well-known shootings and a fourth shooting that occurred on the Red Lake Indian Reservation in Minnesota. The book looks to the roots of Indigenous approaches to crime, identifying an institutional weakness in the Anglo judicial model, and explores adapting Indigenous practices that contribute to healing following heinous criminal behavior. Emerging from the history of Indigenous dispute resolution is a spotlight turned on to restorative justice, a subject no author has discussed to date in the context of mass shootings. Diamond ultimately leads the reader to a positive road forward focusing on insightful steps people can take after a rampage shooting to help their wounded communities heal.

BIA Notice on Proposed Updates to American Indian Probate Regulations

Here.

Federal Court Allows FTCA Claim Arising under 638 Contract to Proceed [Mississippi Choctaw]

Here are the materials in Chipmon v. United States (S.D. Miss.):

1-complaint-5.pdf

16-us-mtd.pdf

18-us-mtd-tribe-cross-claims.pdf

24-tribe-response.pdf

28-plaintiff-joinder-to-tribe-response.pdf

30-us-reply.pdf

37-dct-order.pdf

National Indian Law Library Bulletin (10/30/2019)

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/index.html

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2019.html
Cayuga Nation v. Campbell (Tribal Leadership) 

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

  • S.2696 – A bill to amend the Older Americans Act of 1965 to expand supportive services for Native American aging programs, and for other purposes. 
  • H.R.4908 – To amend title 38, United States Code, to prohibit the collection of a health care copayment by the Secretary of Veterans Affairs from a veteran who is a member of an Indian tribe. 

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article) 
https://www.narf.org/nill/bulletins/lawreviews/2019.html

  • Decolonizing reservation economies: Returning to private enterprise and trade. 
  • Answering constitutional challenges to the tribal VAWA provisions. 
  • Beyond constitutional frontiers: Tribal rights, resources, and reform. 

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

  • Indian Country Today joins the Associated Press
  • Consulting with Native American tribes on energy and infrastructure development: Strategies for reducing project risk
  • ‘This is our time’: National Congress of American Indians elects new leadership
  • The fix for Alaska’s public safety crisis? Recognize tribal powers 
  • New Mexico Native American tribe building solar farms amid state’s renewable transition
  • ‘We are closely related to fire. Fire takes care of us and we take care of fire.’
  • Niijii Radio rises ‘out of the ashes’ to serve White Earth Nation, nearby communities

MSU NALSA T-Shirt Sale Closes Today

Today is the last day to order your MSU NALSA t-shirt and crewneck, check Facebook for more information.

tshirts

New York Court of Appeals Decides Against Interfering in Cayuga Leadership Dispute

Here is the opinion in Cayuga Nation v. Campbell:

70opn19-decision.pdf

Briefs here.

Federal Court Sends LDS Back to Navajo Nation Court (Again)[tribal court exhaustion]

Decision here.

As discussed above, the court holds that Plaintiffs have not exhausted their tribal remedies. “When a court finds, as here, that tribal exhaustion is required, the court can stay or dismiss the action . . . .” Jaramillo v. Harrah’s Entm’t, Inc., No. 09CV2559 JM (POR), 2010 WL 653733, at *2 (S.D. Cal. Feb. 16, 2010). The undersigned has become familiar with much of the tribal proceedings that have already occurred. In the interest of judicial economy, the court stays rather than dismisses the case. Because the court stays the case, the court DENIES Defendant’s Motion to Dismiss, (ECF No. 17). The court also DENIES Plaintiffs’ Motion for Preliminary Injunction, (ECF No. 7).

Previous coverage here.

 

ICWA Article in the Deseret News

Here

SALT LAKE CITY — Over the summer, Shari Pena’s 3-month-old foster son chuckled for the first time when his older sister sneezed, kicking off a new family tradition.

The Penas gathered to celebrate the giggle, a milestone in the child’s Navajo culture. They shared a chicken and rice dish in their West Valley home and took a pinch of salt from the baby’s palm, a gesture symbolizing his generosity.

As the federal law governing child welfare cases for Native American children has withstood recent legal challenges in Utah and in other states, the Penas are among those cheering the victories. The Indian Child Welfare Act sets special standards in the adoption and foster care proceedings and gives preference to Native American families — part of an effort by Congress to correct historical bias against them.

“It’s important that these kids stay in native homes,” Pena said. “We understand one another, our past and our ancestors.”

Pena, a citizen of the Cherokee Nation, said certain aspects of Navajo culture mirror her own upbringing in Oklahoma, including a strong focus on family. For newer factors like the first laugh party, she seeks guidance from the child’s biological grandmother and his four foster siblings.

UNM Tribal Law Journal

Yá’át’ééh and Hafa Adai! The University of New Mexico School of Law Tribal Law Journal would like to invite you to contribute to their online blog. Please see the attached PDF for details on how to submit to a blog.

 

Koi Nation v. Dept. of Interior Remanded to Agency by D.C. Circuit

Here are the materials in Koi Nation of Northern California v. Dept. of Interior:

Federal Motion to Remand

Order

Lower court materials here.