Here:
Horribly Sad News: Ada Deer Walks On
Fifth Circuit Remands Civil Rights Suit Against Chitimacha to State Court
Here is the opinion in Spivey v. Chitimacha Tribe of Louisiana.
Briefs here.
Lower court materials here.
Red Cliff Ojibwe to Vote on Whether to Banish Tribal Members
Here is a link to the tribal resolution setting the referendum vote.
Wisconsin Federal Court Dismisses Property Owners Suit against LDF Tribal Officials over Closure of Reservation Road
Here are the new materials in Pollard v. Johnson (W.D. Wis.):
54 Tribe Reply ISO Motion for Injunction
55 Opposition to Motion to Dismiss
58 Reply ISO Motion to Dismiss
Prior briefs here.
ABA SCOTUS Indian Law Cases Webinar (August 29, 2023)
Date: Tuesday, August 29, 2023
Time: 3:00 p.m. – 4:30 p.m. ET
Format: Free non-CLE Webinar
Sponsor: ABA Section of Civil Rights and Social Justice
The United States Supreme Court decided several Indian law cases this term that touch on fundamental concepts at the core of federal Indian law. This panel, made up, in part, of lawyers who were directly involved in each of these cases on behalf of Indian Tribes, and other lawyers and scholars who will offer a broader perspective, will discuss each of these cases and their impact on broader federal Indian law principles.
Speakers:
- Erin C. Dougherty Lynch – Senior Staff Attorney and Managing Attorney, Native American Rights Fund
- Shay Dvoretzky – Partner, Supreme Court and Appellate Litigation, Skadden, Arps, Slate, Meagher & Flom LLP and Affiliates
- Matthew L.M. Fletcher – Harry Burns Hutchins Collegiate Professor of Law, University of Michigan Law School
- Leonard R. Powell – Associate, Jenner & Block
- Pratik A. Shah – Partner, Akin Gump Strauss Hauer & Feld LLP
Moderator:
- Patty Ferguson Bohnee – Director, Indian Legal Clinic, Arizona State University Sandra Day O’Connor College of Law; Attorney, Sacks Tierney
Register HERE: https://americanbar.zoom.us/webinar/register/WN_lbFcLRxERZqV6JrqtYYOWw
The Section of Civil Rights and Social Justice is the only ABA membership entity solely dedicated to the advancement of human rights, civil rights, civil liberties, and social justice. We invite you to become involved with critical legal and public policy issues by joining one or more Section committees. You may want to become part of a committee to learn more about developments in a particular issue area. Or you may choose to take a more active role by participating in or organizing specific activities. Whatever your area of interest or specialization, we have a home for you. To get involved, join us here.
Eighth Circuit Holds Parental Kidnapping Prevention Act Does Not Apply to Tribes
It is true that Indian reservations are “physically within the territory of the United States.” United States v. Wheeler, 435 U.S. 313, 322 (1978) (emphasis added). The PKPA’s definition of “State,” however, includes “a territory . . . of the United States,” 28 U.S.C. § 1738A(b)(8) (emphasis added), which is most naturally understood to mean a political entity that is not a state but is still “[a] part of the United States . . . with a separate legislature (such as Guam and the U.S. Virgin Islands).” Territory, Black’s Law Dictionary (11th ed. 2019); see, e.g., 48 U.S.C. § 1541(a) (“The Virgin Islands . . . are declared an unincorporated territory of the United States of America.”). And the Supreme Court has made clear that within our constitutional order, such “territories” are distinct from Indian tribes.
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Our conclusion that the PKPA does not apply to Indian tribes is further supported by the fact that when Congress intends for tribes to be subject to statutory full-faith-and-credit requirements, it expressly says so.
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For the reasons explained above, we conclude that the PKPA does not apply to Indian tribes. As a result, the Cheyenne River Sioux Tribal Court is not obligated under that statute to enforce the North Dakota court orders awarding custody of C.S.N. to Nygaard. The district court properly granted summary judgment to the Tribal Court.
UDub 36th Annual Indian Law Conference
Boldt at 50 — Law, Policy and the State of Cascadian Fisheries
Co-sponsored by the Washington Law Review and the UW School of Law Native American Law Center.
Please join us in person at UW Law on September 7 and 8, 2023, for our 36th Annual Indian Law Symposium, hosted and presented by the Native American Law Center. We’ll also be streaming the event live if you are unable to attend on-site.
We’re thrilled to welcome you back for this year’s program, with the theme:
Setting the Stage for Boldt at 50: Law, Policy, and the Current State of Cascadian Fisheries
The program features keynote addresses from Jennifer Quan, Regional Administrator, NOAA Fisheries Pacific Northwest Region, and Robert T. Anderson, Solicitor, Department of the Interior, along with a number of engaging panels featuring expert biologists, attorneys, advocates, and policymakers. The full agenda is available online and we have requested 10.25 CLE credits (including 9.00 Law and Legal Procedure credits and 1.25 Ethics credits) for the entire program.
Looking forward to it — hope you can join us!
Monte Mills & Eric Eberhard
Note: We will be requesting 10.25 CLE credits, including 9.00 Law & Legal and 1.25 Ethics, from the Washington State Bar Association.
Free CLE on Saint Regis Mohawk Custody and Marriage Code on Aug. 30
Training is August 30 at 12pm. Kate Fort and Ron Whitener are presenting. Registration is here:
Information at Training Link
The CLE is hosted by the Saint Regis Mohawk Tribe and sponsored by the New York State Child Welfare Court Improvement Project. This program is pending approval by the NYS Unified Court System, Office for Justice Initiatives, Division of Policy and Planning in accordance with the requirements of the NYS Continuing Legal Education Board. This training is free of charge and is appropriate for both newly admitted and experienced attorneys.
Amended Complaint in Ysleta del Sur Pueblo v. City of El Paso
Univ. of Denver Conference on Professional Identity
Agenda here.
Turtle Talk 
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