Pipeline to Law Initiative: Michigan State, Arizona State, and South Dakota Law Schools

Here (PDF):

Pipeline To Law Workshops

Seminoles try to stop publication of gambling-trial document

The Seminole Tribe of Florida, owner of Florida’s largest casinos, is trying to get a federal judge to block the publication of information related to a trial that could upend their businesses and to seal a key deposition until it can be redacted.

Here.

Free Weekly Indian Law Bulletins – How to “Subscribe”

Hello all

If you are not familiar with the National Indian Law Library Indian Law Bulletins, below is a list of bulletins published today. You can sign up for these free weekly bulletins alerts here:http://www.narf.org/nill/bulletins/index.html

The National Indian Law Library added new content to the Indian Law Bulletins on 5/4/16.

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2015-2016update.html
Petition for certiorari was denied in Knight v. Thompson (Prisoners – Grooming Policies) on May 2, 2016.  Petition was filed in Pro-Football, Inc. v. Blackhorse, et al. (Trademarks – Washington Football Team) on May 2, 2016 and in Pauma Band of Mission Indians v. California (Indian Gaming Regulatory Act – Bad Faith Negotiations) on April 18, 2016.

In addition, see the Tribal Supreme Court Update Memoranda of May 4, 2016 at: http://sct.narf.org/articlesupdates.html

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2016state.html
In re N.H. (Indian Child Welfare Act – Application of)
In re Adoption of B.T.S. (Oklahoma Indian Child Welfare Act; Adoption – Mother’s Consent)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Sacred Places section, we feature an article on the status of the Bears Ears National Monument effort and resistance.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2016fr.html
We feature a notice with an update of Indian entities recognized and eligible to receive services from the United States Bureau of Indian Affairs.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2016lr.html
We added these articles:
The Washington Redskins and the current standard for disparaging trademarks: The impact of disparaging trademarks in the modern world.
Regulating access to traditional knowledge and genetic resources: The disclosure requirement as a strategy to combat biopiracy.
Traditional knowledge exists; intellectual property is invented or created.

David Selden
National Indian Law Library/NARF
dselden@narf.org

Assistant Secretary – Indian Affairs approves gaming application for Cloverdale Rancheria

Decision letter is linked here.

The Record of Decision is here.

The decision was approved under IGRA’s “Restored Lands Exception”

An excerpt from Acting Assistant Secretary Larry Roberts’s letter to the Rancheria:

As a result of the United States’ repugnant and failed termination policy, which has since been repudiated, the Tribe was terminated. Termination severed the government-to-government relationship and, except for the Tribe’s cemetery and tribal well, resulted in the loss of the Tribe’s lands. Indeed, some of the Tribe’s original tribal lands were sold to the State of California and are now used for State Highway 101.

In 1983 the United States corrected history and restored its federal government-to-government relationship with the Tribe.  Thirty-three years later, the repudiated termination still impacts the Tribe as it has no trust land to call home.  That changes today.

NAIJCA Hiring Program Administrator

Here: Program Administrator Position 2016

New Student Scholarship on Tribal Internet Gaming

The Jurimetrics Journal at ASU Law has published “A New Formula for Tribal Internet Gaming” by Racheal White Hawk. [pdf]

The abstract:

Tribal gaming is an industry that generates more than $27 billion a year. It comprises forty percent of all gaming in the United States, and has provided more than 628,000 jobs for Native and local communities. While tribal brick-and-mortar casinos contribute numerous economic, cultural, and social benefits to Native communities, Internet gaming profits are a potential boon. Internet gaming is well positioned for rapid growth because tens of millions of Americans use computers, cell phones, and tablets for shopping, games, and entertainment. Furthermore, with the advent of increasingly accurate geolocation technology, filtering, and blocking systems, the age and location of gamblers can be monitored, thus facilitating legal Internet gaming within state borders. Moreover, the potential for tax and licensing revenue from Internet gaming is immense, and states may enter into revenue-sharing agreements with tribes while offering exclusivity for tribal operators. For instance, in California, tribes contributed $467 million to state revenue in 2012 from brick and mortar casinos. States such as Delaware and New Jersey have legalized intrastate Internet gaming to reap tax revenue. California, however, has not yet legalized intrastate Internet gaming. Rather than wait for states to legalize intrastate Internet gaming, some tribes are launching their own online poker and bingo rooms to accept bets from players not located on Indian lands, asserting that doing so is legal under the Indian Gaming Regulatory Act (IGRA). However, some states disagree that it is legal under IGRA. To prevent impending expensive and time-consuming litigation and to support tribal economic development, Congress should reform the current regulatory patchwork of federal Internet gaming legislation by legalizing interstate Internet gaming, allowing states to opt out of the federal interstate Internet gaming scheme, and adding a new category specifically for Internet gaming to IGRA.

Parties seek intervention in Right-of-Way Regulation Lawsuit

The Three Affiliated Tribes of Ft. Berthold and the New Mexico Oil and Gas Association have sought to intervene in Western Energy Alliance v. Jewell.

The materials for the Three Affiliated Tribes are here:

Motion to Intervene: TAT Mot to Int

Brief in Support: TAT Br in Supp of Mot to Int

Special Appearance and Answer to Complaint:Special Appearance & Ans TAT

The materials for the New Mexico Oil and Gas Association are here:

Brief in Support of Intervention: New Mex Oil & Gas Assoc Br for Interv

Exhibit A for Brief: Exh A to NM Oil & Gas Assoc Br

 

Updated List of Designated Tribal Agents for ICWA Notice

Somehow in all of the recent ICWA-related new, we missed the March 16 release of the updated list of designated tribal agents for ICWA notice.

Here, at 81 Fed. Reg. 10887 (March 16, 2016). We did a quick control+F search in the list for “Mohawk,” and the St. Regis Mohawk designated agent for ICWA popped right up. This list should be bookmarked on every state child welfare worker’s computer.

Indian Law Job Announcements

I added a new page that provides an overview for finding Indian law job announcements on Turtle Talk and elsewhere on the internet.  To access it, click on “Indian Law Job Announcements” in the black bar immediately below our Turtle Talk banner at the top of the webpage.  The page offers advice for first and second year law students seeking summer clerkships as well as third year law students and law graduates seeking permanent employment.

 

Senators Tester and Franken Introduce Legislation to Expand Tribal Jurisdiction

Senators Tester and Franken have introduced legislation to expand tribal criminal jurisdiction over non-Indians for drug related crimes, domestic violence against children, and crimes committed against tribal law enforcement officers.  The proposed bill comes on the heels of the reauthorization of the Violence Against Women Act, which allows Indian tribes to prosecute non-Indians in certain instances.

The bill is titled the “Tribal Youth and Community Protection Act of 2016.”  You can read it here.