New article from Nick Martin in The New Republic about the recent Brackeen v. Bernhardt decision and preserving ICWA. Available here.
Research
First Nation Voting Rights: Planting for the future
When: September 25-27, 2019
Where: University of Utah School of Law
Press release and event flyer here. For more information on the conference you can visit the website.
Pinoville Pomo Nation Petition to Ninth Circuit to Halt Discovery Pending Appeal Fails
Here is the unpublished opinion in In re Pinoville Pomo Nation [Pinoville Gaming Authority v. United States District Court].
Here are the briefs:
The appeal docs are here.
National Indian Law Library Bulletin (8/28/2019)
Here:
The National Indian Law Library added new content to the Indian Law Bulletins on 8/28/19.
Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
Navajo Nation v. Department of the Interior (Indian Water Rights; Federal Trust Relationship)
Little Traverse Bay Bands of Odawa Indians v. Whitmer (Treaty Rights; Reservation Diminishment)
U.S. Legislation – 116th Congress Bulletin
https://narf.org/nill/bulletins/legislation/116_uslegislation.html
The following bills were recently proposed in the House:
H.R.4188 – Native American Language Vitalization Act
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
- VAWA Reauthorization Act of 2013 and the continued legacy of violence against Indigenous women: A critical outsider jurisprudence perspective.
- Michigan marijuana laws: Michigan tribes can participate, but how?
- Partially tribal land: The case for limiting state eminent domain power under 25 USC 357.
News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:
- U’s medical school in Duluth welcomes record number of Native students
- Keystone Pipeline’s alternate route gets the go-ahead from Nebraska court
- Wyoming lawmakers propose fix to allow tribal IDs for voter registration
- Cherokee Nation picks representative for Congress, promised by US government nearly 200 years ago
- New program gives remote Native American tribes greater access to affordable electric vehicles
Federal Court Affirms Yakama Reservation Boundaries
Here are the materials in Confederated Tribes and Bands of the Yakama Nation v. Klickitat County (E.D. Wash.):
25 DCT Order Denying Motion to Dismiss
58 DCT Order Denying Motion for PI
Osage Headright Owners’ Trust Breach Claims against US
Swinomish/Quinault/Suquamish Amicus Brief in Climate Change Litigation in Washington State
Here is the brief in Aji P. v. State of Washington (Wash Ct. App.):
More details on this case here.
Federal Court Appoints Bob Yazzie and Troy Eid as Mediators in Barboan Trespass/Condemnation Action
Here is the order in Public Service Co. of New Mexico v. Approximately 15.49 Acres of Land in McKinley County (D.N.M.):
Navajo Water Rights Trust Breach Case Dismissed
Here are the updated materials in Navajo Nation v. Dept. of the Interior (D. Arizona):
Third Amended Complaint materials
340 Utility and State Response
369 Utility and State Response
Prior posts here.
Sixth Circuit Affirms Tribal Court Decision in Spurr v. Pope
But our review involves no probing of the facts, just a pure question of law: Does a tribal court have jurisdiction under federal law to issue a civil personal protection order against a non-Indian and non-tribal member in matters arising in the Indian country of the Indian tribe? Because 18 U.S.C. § 2265(e) unambiguously grants tribal courts that power, and because tribal sovereign immunity requires us to dismiss this suit against two of the named defendants, we AFFIRM the district court’s dismissal of Spurr’s complaint.
Reply
Answer Brief
Appellant Brief
Lower court materials here.
Tribal supreme court decision here.
Update:
Turtle Talk 
You must be logged in to post a comment.