Research – Page 218 – Turtle Talk

Pi Day National Indian Law Library Bulletin (3/14/2019)

March 15, 2019Matthew L.M. Fletcher

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 3/13/19.

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2018-2019update.html
Petition for certiorari was filed on 3/4/19 in:
Teck Metals LTD v. The Confederated Tribes of the Colville Reservation (Comprehensive Environmental Response, Compensation, and Liability 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

State of Wyoming v. U.S. Dep’t of the Interior confused agency overlap with preclusion: BLM had authority to promulgate the fracking rule for public lands, not tribal lands.
Tribal sovereign authority and self-regulation of health care services: The legal framework and the Swinomish Tribe’s dental health program.
Monetizing tribal and state sovereign immunity in patent law: An attempt to neutralize the patent death squad.
Tribal (De) termination? Commercial speech, Native American imagery and cultural sovereignty.
The last judicial frontier: The fight for recognition and legitimacy of tribal courts.

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
Little Traverse Bay Bands of Odawa Indians v. Whitmer (Reservation Boundaries)
Blue Lake Rancheria Economic Development Corporation v. Commissioner of Internal Revenue (Employment Taxation)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2019.html
Smith v. State (Jury Selection)
Matter of A. J. M. R. (Indian Child Welfare Act – Notice)

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
In the Health & Welfare section, we feature articles about missing Native American women and children.

U.S. Legislation Bulletin
https://www.narf.org/nill/bulletins/legislation/116_uslegislation.html
The following were added:

H.R.1514: To sever United States Government relations with the Creek Nation of Oklahoma until such time as the Creek Nation of Oklahoma restores full Tribal citizenship to the Creek Freedman disenfranchised in the October 6, 1979, Creek Nation vote and fulfills all its treaty obligations with the Government of the United States, and for other purposes.
H.R.1643: To establish a grant program that provides grants to States, Territories of the United States, and Indian tribes for the pre-exposure prophylaxis (PrEP) programs, and for other purposes.
S.689: A bill to amend the Animal Health Protection Act to support State and Tribal efforts to develop and implement management strategies to address chronic wasting disease among deer, elk, and moose populations, to support research regarding the causes of chronic wasting disease and methods to control the further spread of the disease, and for other purposes.
S.Res.100: A resolution recognizing the heritage, culture, and contributions of American Indian, Alaska Native, and Native Hawaiian women in the United States.

Fifth Circuit Rules in Favor of Texas over Alabama-Coushatta Tribe on Gaming

March 15, 2019Matthew L.M. Fletcher

Here is the opinion in State of Texas v. Alabama-Coushatta Tribe.

Briefs and lower court materials here.

Pipeline to Law Initiative Admissions Workshop

March 14, 2019Monica Williamson

Pipeline To Law Workshop 2019 flyer

Pipeline to Law Workshop at UC Berkeley School of Law

June 26-30, 2019

Boalt Hall, 225 Bankcroft Way Berkeley, CA 94720

The Native American Pipeline to Law Pre-Law programs educate and help students successfully navigate the law school application process. The workshops will assist participants in preparing competitive applications. Come learn how to successfully apply to law school and network with law school professionals.

Topics covered * Learn about law school and career options * Obtain information about the varied admissions criteria for law school * Work with mentors to develop an effective application, resume, and personal statement * Explore law school funding options * Receive test prep tips for the LSAT * Network with other participants, faculty, and professionals * Hear from former and current American Indian law students.

Application and additional information available at:

Application deadline: May 1, 2019

Questions? Contact Kate Rosier at Kate.Rosier@asu.edu

This is a great opportunity for students to learn about law school, admissions criteria, LSAT prep, and more. Registration is free, food and lodging is provided, as well as a limited number of LSAT Prep courses will be available for participating students. It does not matter what school the student wishes to attend, these sessions are geared to help all students.

Brackeen Oral Argument Audio

March 14, 2019Matthew L.M. Fletcher

Here.

Briefs and materials here.

Ninth Circuit Decision in Knighton v. Cedarville Rancheria

March 13, 2019Matthew L.M. Fletcher

Here is the opinion in Knighton v. Cedarville Rancheria of Northern Paiute Indians.

Briefs here.

Federal Court Affirms BIA Recognition Decision in Cayuga Nation Leadership Dispute

March 13, 2019March 13, 2019Matthew L.M. Fletcher

Here are the materials in Cayuga Nation v. Bernhardt (D.D.C.):

47 Plaintiff Cayuga MSJ

50-1 Defendant Cayuga MSJ

51 Federal MSJ

57 Plaintiff Cayuga Reply

59 Reformatted Plaintiff Cayuga MSJ

63 Defendant Cayuga Reply

64 Federal Reply

72 DCT Order

Prior posts in Cayuga Nation v. Zinke here. IBIA decision here.

Federal Court Rejects Tolowa Nation Effort for Federal Recognition

March 13, 2019Matthew L.M. Fletcher

Here are the materials in Tolowa Nation v. United States (N.D. Cal.):

Prior posts here and here.

Ninth Circuit Briefs in Muckleshoot U&A Appeal [U.S. v. Washington Subproceeding 17-02]

March 13, 2019Matthew L.M. Fletcher

Here:

Appellants Corrected Opening Brief

Appellee Nisqually Indian Tribe Answering Brief

Appellee Squaxin Island Tribe Brief

Brief of Interested Party Sauk-Suiattle Indian Tribe

Real Party in Interest Breif fo the Stilliguamish Tribe of Indians

Real Party in Interest Brief fo the Hoh Indian Tribe

Appellee Puyallup Tribe Brief

Jamestown et al brief

Suq Responsive Br

Reply brief

Lower court materials here.

How does measuring poverty and welfare affect American Indian children?

March 13, 2019Teresa Walrod

From Brookings:

For one group of children in particular, American Indians and Alaska Natives, exceedingly high poverty rates have had profound impacts on community wellbeing and long-term cohesiveness. Given the best available data, from the U.S. Census data, child poverty rates among American Indians and Alaska Natives have consistently exceeded 40% for almost the past 30 years.

Here.