Here, by Prof. Darcy Lindberg.
The Conversation: “Historical lawsuit affirms Indigenous laws on par with Canada’s”
Here, by Prof. Darcy Lindberg.
Research
NCJFCJ Releases Enhanced Juvenile Justice Guidelines
Miccosukee Per Cap Taxation Cert Petitions
Here is the petition in Miccosukee Tribe of Indians of Florida v. United States:
Question presented:
The 2014 Tribal General Welfare Exclusion Act states that, for income tax purposes, “[g]ross income does not include the value of any Indian general welfare benefit.”
The question presented is whether contrary to that plain command, gross income includes “Indian general welfare benefits” when those benefits are derived from gaming revenue pursuant to the 1988 Indian Gaming Regulatory Act.
Here is the petition in Jim v. United States:
Questions presented:
Whether treaties with Indian tribes must be construed consistent with that tribe’s present-sense understanding of the treaty.
Whether the Miccosukee Tribe’s long-standing method of compensation for use of Tribal member lands and distributing revenue from land to its members can be considered a “mere formalism” to avoid inclusion and taxation as income to the members when the Tribe’s chosen method of compensation is soundly in line with federal law and policy.
Whether the Assistant Secretary of the Interior through its designated representative can interpret, waive, modify or exempt payments made to tribal members from inclusion as income.
Lower court materials here.
UPDATE:
McNeal v. Navajo Nation Cert Petition
Here:
Question presented:
Whether the Tenth Circuit panel violated the current jurisprudence of this Court and the Congressional policy underlying IGRA by precluding the Nation from exercising its sovereign authority to permit a patron’s tort claim against the Nation and its gaming facility to be brought in state court without express congressional permission.
Lower court materials here.
UPDATE (3/14/19):
Federal Court Dismisses Contract Claim against Alaska Tribe
Here are the materials in Alaska Logistics LLC v. Newtok Village Council (D. Alaska):
25 answer to counterclaims and counterclaims to counterclaims
Climate Justice Webinar: Municipal, Tribal, and Legal Action
ABA’s Native American Resources Committee is sponsoring a webinar on climate justice, from the perspective of local actors driving change. More information is available here. Wednesday, January 23, 2019, 12:00 PM – 1:30 PM ET.
St. Regis Mohawk v. Mylan Pharma Cert Petition
VERY LAST CHANCE to Sign on To Tribal Amicus Brief in Fifth Circuit ICWA Case
From NARF:
Dear tribal leaders and tribal counsel,
Today the Fifth Circuit Court of Appeals granted a motion that extends the filing deadline for amicus briefs in Brackeen v. Zinke by two days. This is one last call for Tribes who are interested in signing on to the tribal amicus brief in this case.
As you know, Brackeen v. Zinke is a challenge to the Indian Child Welfare Act (ICWA) in which a federal district court judge in Texas recently found ICWA to be unconstitutional. The case is currently on appeal to the Fifth Circuit Court of Appeals.
The Native American Rights Fund (NARF) and our co-counsel at Dentons have draft a tribal amicus brief to complement the arguments being made by the Tribal Defendants and our allies, including law professors, child welfare organizations, and several states. All federally recognized Tribes are invited to sign on to the brief in a show of unity. Of course, there is no cost to join this brief—any federally recognized Tribe may do so free of charge.
If your Tribe would like to sign its name to the brief, please let NARF know by tomorrow, Tuesday, January 15 at 11:00pm Alaska Time (7pm ET/8pmCT/9pmMT/10pmPT). Already more than 280 Tribes and more than 50 Indian organizations have signed on to the brief.
If your Tribe would like to sign on, we will need an email that provides the following:
- A statement from an individual (chairperson, executive director, general counsel, etc.) or body (tribal council, etc.) authorized to do so, asking to be added as a signatory on the brief. A statement via email is fine; and
- The full name and correct spelling of the Tribe as it should appear on the brief.
The above information should be emailed to Erin Dougherty Lynch at dougherty@narf.org and cc’d to Dan Lewerenz atlewerenz@narf.org.
Finally, if you would like a draft of the brief, please email Erin and Dan at dougherty@narf.org and lewerenz@narf.org.
Thank you again for your commitment to defending ICWA.
Erin Dougherty Lynch
Senior Staff Attorney
Native American Rights Fund
Pre-Law Advisor Training Conference – Registration Deadline Extended
The registration deadline has been extended to January 25, 2019 for the Pre-Law Advisor Training Conference. Advisors with an array of titles and responsibilities are encouraged to join us February 5-6, 2019.
Lodging and travel reimbursements are available for Tribal Education Departments and Tribal Colleges and Universities.
Please visit the event page or call (505) 277-5462 for more information about registration, travel reimbursements and the agenda.
Turtle Talk 
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