Split Eighth Circuit Panel Holds Tax on Casino Patrons is Preempted by IGRA

Here is the opinion in Flandreau Santee Sioux Tribe v. Noem (No. 18-1271).

Briefs here.

Split Eighth Circuit Panel Holds State Tax on Nonmember Contractor is not Preempted by IGRA

Here is the opinion in Flandreau Santee Sioux Tribe v. Haeder (No. 18-2750).

Briefs here.

Idaho SCT Decides Coeur d’Alene Tribe Water Rights Matter Largely in Tribe’s Favor

Here is the opinion in In re:CSRBA Case No. 49576 (Idaho S. Ct.).

Briefs:

Idaho Opening Brief

Appellants Opening Brief

US Response Brief

Coeur d’Alene Tribe Response Brief

HECLA Response Brief

North Idaho Water Rights Alliance Response Brief

Idaho Response Brief

Coeur d’Alene Tribe Reply

US Reply Brief

Appellants Reply

Idaho Reply Brief

Tenth Circuit Affirms Interior’s Decision to Acquire Trust Land for United Keetoowah Band

Here is the opinion in Cherokee Nation v. Bernhardt.

Briefs:

federal-appellant-brief.pdf

ukb-opening-brief.pdf

cherokee-nation-answer-brief.pdf

federal-reply.pdf

ukb-reply.pdf

lower court materials here.

UPDATE:

Cherokee En Banc Petition

Cherokee Motion to Stay

Interior Opposition

UKC Opposition

ILPC/TICA Panel – Lessons from Standing Rock: Criminal Defense and Civil Litigation

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Register today! Join us for the ILPC/TICA 16th Annual Indigenous Law Conference at the MSU College of Law

If you would like to sponsor this presentation or others, please contact Tribal In-House Counsel Association President Doreen McPaul at dmcpaul@nndoj.org.

For information about the agenda, sponsorships, and registration visit the event page.

Call for Papers: Indigenous Politics in the Americas and Beyond

The Journal of Race, Ethnicity and Politics (JREP), under the editorship of Alexandra Filindra (University of Illinois—Chicago), is pleased to announce a call for papers on Indigenous politics. The issue seeks papers from all subfields in political science that explore Indigenous politics including work that focuses on public policy, law, intergovernmental relations, and political participation as well as theoretical approaches to understanding Indigenous groups in the US, Canada, and around the world. Research that addresses issues internal to Indigenous groups, First Nations and tribal governments is also appropriate. We welcome rigorous, theoretically grounded work regardless of topic or approach including theoretical and empirical examinations of Indigenous groups, individual behavior, and intergovernmental relations.

The editors for the special issue are Dr. Richard Witmer, Creighton University (witmer@creighton.edu), Dr. Laura Evans, University of Washington (evansle@uw.edu) and Dr. Kirsten Matoy Carlson, Wayne State University (kirsten.carlson@wayne.edu). Proposals must be submitted to the guest editors by December 31, 2019. The publication schedule for the journal will require accepted papers to be completed in accordance with the journal’s editorial style by January 15, 2021.

Please submit your abstract to Rick Witmer (witmer@creighton.edu) and to Alexandra Filindra (aleka@uic.edu). Please indicate in the subject line that this is a submission for the special issue of JREP.

Abstracts should be up to 500 words and provide a concise description of the argument, data, and analytical approach. For empirical research, please summarize the research question, theoretical importance, hypotheses, and data to be used.

Tenth Circuit Decides Criminal Jurisdiction Matter Involving Sandia Pueblo Reservation Boundaries

Here is the opinion in United States v. Antonio.

Briefs:

Opening Brief

Answer Brief

Reply

Keynote Speaker Chrissi Ross Nimmo at the ILPC/TICA Indigenous Law Conference

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Register today! Join us for the ILPC/TICA 16th Annual Indigenous Law Conference hosted at the MSU College of Law.

If you would like to sponsor this presentation or others, please contact Tribal In-House Counsel Association President Doreen McPaul at dmcpaul@nndoj.org.

For information about the agenda, sponsorships, and registration visit the event page.

California Trout & Trout Unlimited v. Hoopa Valley Tribe & FERC Cert Petition

Here:

Cert Petition

Question presented:

Do states waive their authority under section 401 of the Clean Water Act if they do not approve or deny a certification request within one year, even when an applicant withdraws and resubmits the request before that one year ends?

Lower court materials here.

UPDATE — cert stage briefs:

Hoopa BIO

PacifiCorp BIO

States Amicus Brief

US BIO

California Trout Reply