Paul Petersen Involved in at Least One ICWA Case

Here.

Indian Child Welfare Act experts agreed that the Bright Star contract potentially misled the adoptive parents by saying the law “does not apply” in their situation.

“That is just wrong,” said Professor Fort, who also serves as director of the Indian Law Clinic at Michigan State University and authored a case law book titled American Indian Children and the Law.

She pointed to a section in the Indian Child Welfare Act that states the law does apply in adoptions of Native children. And she invoked a federal regulation published in 2016, which states that the Indian Child Welfare Act applies in any “voluntary proceeding that could prohibit the parent or Indian custodian from regaining custody of the child upon demand.”

In other words, the Indian Child Welfare Act applies in voluntary adoption cases when a Native birth mother gives up her parental rights. It’s unclear from the September Bright Star contract whether the birth mother agreed to give up her parental rights after the birth of her child.

This is the gentleman who is also now indicted for trafficking Marshallese women and selling their babies. 

New York Oneida Loses in Second Circuit to Interior over Wisconsin Oneida Name Change

Here is the unpublished opinion in Oneida Indian Nation v. Dept. of Interior:

Unpublished Opinion

Briefs here.

Sault Tribe Sues for Order Affirming Sovereign Immunity from Suit by Former Investment Consultant

Here are the materials in Sault Ste. Marie of Chippewa Indians v. Cross (E.D. Mich.):

1 Complaint

1-1 Exhibit List

1-2 Cross Complaint

And here are the materials in the underlying suit that gave rise to this complaint, Cross v. Kewadin Casinos Gaming Authority (E.D. Mich.):

1 Notice of Removal

2 Motion to Dismiss

2-1 Memo in Support

5 DCT Order to Show Cause

6 Kewadin Response

9 Cross Response

12 Kewdin Reply

13 Cross Surreply

14 Kewdin Supplemental Brief

Michigan AG Sues Online Lender Affiliated with Iipay Nation of Santa Ysabel

Here is the complaint in Nessel v. Price (E.D. Mich.):

1 Complaint

Adams Materials for NAICJA Presentation on Tribal Attorney Regulation

IMG_8086

For anyone interested in checking out my presentation materials from today:

2019 NAICJA Adams

Fletcher Materials for NAICJA Presentation on Tribal Attorney Regulation and ABA Rule 8.4(g) (Andrew Adams and Kristen Carpenter will join me)

Judge Andrew Adams III
Hon. Kristen Carpenter

Kristen’s paper is here.

These are excerpts of Fletcher’s presentation:

Continue reading

National Indian Law Library Bulletin (10/16/2019)

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

U.S. Supreme Court Bulletin 
http://www.narf.org/nill/bulletins/sct/2019-2020update.html
Petition for certiorari was denied recently in this case on 10/15/19: 
Smith v. United States (Assimilative Crimes Act)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
Johnson v. Oneida Nation Enterprise, LLC (Title VII) 

U.S. Legislation – 116th Congress Bulletin 
https://narf.org/nill/bulletins/legislation/116_uslegislation.html
A NARF attorney spoke at the Subcommittee for Indigenous Peoples of the United States, regarding S.46 (Klamath Tribe Judgment Fund Repeal Act).

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

  • For Indigenous Peoples Day, tribes return to Alcatraz 50 years later
  • Cherokee Nation and CNB minimum wage increases will boost economy, help families
  • Johns Hopkins’ American Indian research hub celebrates its grand opening
  • The U.S. stole generations of Indigenous children to open the West
  • The Native American Journalists Association condemns Muscogee (Creek) Nation Council denial of citizen free press vote
  • Yakama and Lummi Nation leaders call for removal of three Lower Columbia River dams
  • Empowering tribal nations at the voting rights conference

Ninth Circuit Briefs in Employers Mutual Casualty Company v. McPaul [formerly Branch]

Here:

opening-brief-3.pdf

answer-brief-2.pdf

Reply

Lower court materials here.

Tenth Circuit Briefs in Jim v. Shiprock Associated Schools Inc.

Here:

opening-brief-2.pdf

answer-brief-1.pdf

Lower court materials here.

The Onion: “Nation’s Indigenous People Confirm They Don’t Need Special Holiday, Just Large Swaths Of Land Returned Immediately”

Here.