Letter to the Editor from an “Orca”

Actually by Tribal Attorney and Yakama member Jack Fiander but drawing parallels to the orcas’ experience. Here.

NYTs: “‘The Nation Has Stood Up’: Indigenous Clans in Canada Battle Pipeline Project”

Here.

Miccosukee Per Cap Taxation Cert Petitions

Here is the petition in Miccosukee Tribe of Indians of Florida v. United States:

cert-petition-1-1.pdf

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:

cert-petition-2-1.pdf

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:

US BIO

Atlantic Profile of the Herrera v. Wyoming Case

“Can Congress Void a Tribal Treaty Without Telling Anyone?” here.

Ninth Circuit Briefs in Swinomish v. BNSF

Here:

BNSF opening brief

Swinomish answer brief

Tribal Amicus

State Amicus

BNSF Reply

Other posts here.

Oral argument audio here.

UPDATE: ca9.pdf 

BNSF Letter Brief

Swinomish Response

 

Greg Abalvsky Commentary on the Herrera Argument

From SCOTUSBlog, here.

Oral Argument Transcript in Herrera v. Wyoming

Here.

Background materials here.

Wisconsin Tribes Sue Wisconsin over Taxation of Indian Lands

Here are the materials in Lac Courte Oreilles Band of Lake Superior Chippewa Indians v. Walker (W.D. Wis.):

2018.11.30 – Docket 01 – Complaint

2018.11.30 – Docket 1-1 – Civil Cover Sheet

2018.11.30 – Docket 1-2 – Exhibit Index

2018.11.30 – Docket 1-3 – Exhibit A – Treaty with Chippewa

2018.11.30 – Docket 1-4 – Exhibit B – Sample Red Cliff Patent

Seattle U. Indigenous Peoples Day Panel

DSCF4528
Nisqually Council Member Willie Frank III and Attorney and Law Professor Ann Tweedy

News Profile on Line 5 and Tribal Treaty Rights

Here is “‘We were here first’: Tribes say Line 5 pipeline tunnel ignores treaty rights.”