Job Posting for MSU James Madison College
Ninth Circuit Rejects Effort to Stop Lithium Mine in Nevada
Here is the unpublished opinion in Western Watersheds Project v. McCullough. And same for the Bartell Ranch/Burns Paiute case.
Selected briefs:
Lower court materials here.
United Nations 16th Session Expert Mechanism on the Rights of Indigenous Peoples
Dear Tribal Leader Letter re. ICWA Support
The Administration (DOI, HHS, and DOJ) are asking for input on the following:
What additional supports would Tribal leaders find helpful to build their Tribe’s capacity to exercise their rights and responsibilities under ICWA?
Are there specific supports you believe the federal government could provide to help state courts and child welfare agencies meet their obligations under ICW A?
In your experience, are there specific aspects or requirements of ICWA where state courts and agencies need to build greater understanding or capacity?
Are there existing State-Tribe collaborative partnerships or processes that you believe have helped support effective implementation ofICWA?
Consultation is August 7 online and August 11 in Anchorage. Commends are due by September 15, 2023.
I might note the lawsuit regarding data and ICWA is ongoing in the Ninth Circuit, though the Administration has promised to issue a notice of rule making in October. A description of the issue of funding tribal systems (with citations) can be found here.
Washington State Bar News Indian Law Issue — July/August 2023
Here:
Includes:
• An overview of the U.S. Supreme Court opinion in Oklahoma v. Castro-Huerta.
• An interview with Tom Tremaine, a retired tribal court judge and long-time Indian law practitioner.
• An inside look at the recently launched state cold case unit for Missing and Murdered Indigenous Women and People.
• The Washington Women Lawyers Yakima scholarship and mentorship program called the Women of Color Legal Education Fund.
• A Q&A with Indian Law Section Chair Bree Black Horse.
• A comprehensive Indian law resource guide created by King County law librarians.
Washington Federal Court Affirms Muckleshoot Tribal Court Jurisdiction over Marriage Dissolution
Here are the materials in Turpen v. Muckleshoot Tribal Court (W.D. Wash.):
Angela Riley on Indigenous Property Rights for Jagenenon
Angela R. Riley has published “Before Mine!: Indigenous Property Rights for Jagenagenon,” a review of Michael Heller and James Salzman’s book, “Mine!: How the Hidden Rules of Ownership Control Our Lives,” in the Harvard Law Review. PDF
California COA Decides Greenville Rancheria v. Martin [tribal leadership dispute]
Angelique EagleWoman on the Decolonization of Citation Practices in Scholarship
Angelique EagleWoman has posted “The Capitalization of ‘Tribal Nations’ and the Decolonization of Citation, Nomenclature, and Terminology in the United States,” recently published in the Mitchell Hamline Law Review, on SSRN. Here is the abstract:
Within the U.S. legal profession and field of law, words have consequences that are often detrimental to Native peoples in Native homelands. First, this Article will review the basics on the political status and proper understanding of Tribal Nations in the United States. This background will provide context for the analysis and examination of the colonizer language to follow. Next, this Article will examine the issues and consequences of the English language conventions of capitalization or terms referring to Tribal Nations in the United States. Specific issues with the legal style guides known as The AP Stylebook and The Chicago Manual of Style, and The Bluebook legal citation guide will be discussed for the perpetuation of language, citation, and nomenclature that casts Tribal Nations and peoples in an inferior status. Third, the Article will discuss the rationale for eliminating certain terms and phrases derogatory to Native peoples in the English language. Finally, the decolonization of legal terms, phrases, and citations will be connected to the larger issues of Tribal sovereignty, the Tribal Nations-U.S. relationship, and the self-determination of future generations of Native peoples of the Western Hemisphere.
Tribal Nations are nationalities and therefore, should be capitalized. Likewise, when the word “Tribes” relates to the Tribes in the United States, then the word is referring to nationalities and should be capitalized. Sister Tribal Nations in what is now known as Canada are referred to as the capitalized term, First Nations. There is no principled reason for the written standards in the United States to capitalize First Nations and not capitalize Tribal Nations and Tribes. The lack of capitalization in the United States for Tribal Nations, which have engaged in political diplomacy with the federal government, is a remnant of the colonizing disinformation from a bygone era.
Twin Efforts to Force Interior to Acknowledge Exclusive Tribal Jurisdiction over All Custody Cases is Dismissed by D.C. Federal Court
Here are the materials in Hess v. Dept. of the Interior (D.D.C.):
9-1 Cherokee Nation Motion to Dismiss
Here are the materials in Sissaudia (D.D.C.):
Turtle Talk 
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