North Dakota SCT Affirms Conviction of Standing Rock/NoDAPL Protester for Criminal Trespass, Vacates Riot Conviction

Here is the opinion in State v. Bearruner.

Posted in Author: Matthew L.M. Fletcher, Criminal, cultural resources, Research | Tagged , ,

Wisconsin Passes a Pro Hac Vice Rule Exception for ICWA Attorneys

Order is here.

This is a great victory by the tribal attorneys who worked on this issue for the past number of years.

All of the ICWA pro hac vice rules are here.

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , ,

Journal publishes largest collection of scientific publications by Native Hawaiians

An interdisciplinary group of researchers from the University of Hawaiʻi teamed up with colleagues from other universities and several Native Hawaiian communities compiling work that collectively highlights Hawaiʻi as a global leader in the realm of biocultural restoration and aims to influence policy both locally and internationally.

See the UH news article here.

Read the special issue of Sustainability here.

Posted in Research | Tagged , ,

FRONTLINE Story on PBS: Predator on the Reservation

FRONTLINE and The Wall Street Journal investigate the decades-long failure to stop a government doctor accused of sexually abusing Native American boys for years, and examine how he moved from reservation to reservation despite warnings.

Here is another article for a synopsis of the case.

Posted in Research | Tagged

Texas Federal Court Grants Texas/AG Summary Judgment against Ysleta del Sur Pueblo Counterclaims

Here are updated materials in State of Texas v. Ysleta del Sur Pueblo (W.D. Tex.):

83 Tribe Motion to Dismiss First Amended Complaint

86 Texas Response

87 Answer + Counterclaims

90 Reply

97 Texas Motion to Dismiss Counterclaims

98 Tribe Response

99 Reply

115 DCT Order

121 First Amended Counterclaims

146 Texas Motion for Summary Judgment

147 Texas AG Motion for Summary Judgment

153 Tribe Response to Texas AG

154 Tribe Response to Texas

157 Texas Reply

158 Texas AG Reply

176 DCT Order on MSJ re Counterclaims

Posted in Author: Matthew L.M. Fletcher, IGRA, Indian gaming, Research | Tagged , ,

Federal Court Rejects Motions to Dismiss New York Suit against Native Wholesale Supply & Grand River Enterprises Six Nations

Here are the materials in State of New York v. Grand River Enterprises Six Nations LTD (W.D. N.Y.):

76 Second Amended Complaint

79-3 Native Wholesale Supply MTD

81-1 Grand River Enterprises Six Nations MTD

84 NY Response to 81-1 [Stay Motion]

88 NWS Reply in Support of stay

89 GRE Reply in Support of Stay Motion

92 DCT Order Granting Stay Motion

93 NY Opposition to MTD

95-2 NWS Reply in Support of MTD

96 GRE Reply in Support of MTD

97 Magistrate Report100 NY Objections

102 NWS Response to Objections

103 NY Reply

110 DCT Order Sustaining Objections

Posted in Author: Matthew L.M. Fletcher, economic development, Research, taxation | Tagged , ,

Sixth Circuit Briefs in Bay Mills Indian Community v. Whitmer [formerly Snyder]

Here:

bmic-opening-brief.pdf

Other briefs TK

Lower court materials here.

Posted in Author: Matthew L.M. Fletcher, IGRA, Indian gaming, Legislation, Michigan Indian, Research | Tagged , , ,

KU 2019 Tribal Law & Government Conference

You’re invited to KU Law’s 23rd annual
Tribal Law & Government Conference
The U.S. Supreme Court and the Future of Federal Indian Law

March 8, 2019 | 8:45 AM – 4:45 PM | 104 Green Hall 
University of Kansas School of Law
1535 W. 15th Street | Lawrence, KS
6.5 hours CLE, including 1 hour of ethics, approved in KS + MO ($60)
Lunch provided

The 2019 conference speakers will discuss Indian law cases currently before the Supreme Court and the future of federal Indian law. Speakers include:

  • Bethany Berger, Professor, University of Connecticut School of Law
  • Ian Gershengorn, Chair of the Appellate and Supreme Court Practice Group at Jenner and Block
  • Ethan Jones, Yakama Nation
  • Monte Mills, Professor, Alexander Blewett III School of Law at the University of Montana
  • Vivien Olsen, Prairie Band Potawatomi Nation
  • Colette Routel, Professor, Mitchell Hamline School of Law
  • Joel Williams, Native American Rights Fund

View the complete schedule at law.ku.edu/tribal#conference. Questions? Contact Rebecca Clayton at rclayton@ku.edu.

Posted in Author: Matthew L.M. Fletcher, Symposia | Tagged

Federal Court Materials in Dispute over Crow Nation Bank Accounts [arising from leadership dispute]

Here are the materials in First Interstate BancSystem Inc. v. Not Afraid (D. Mont.):

1 Complaint

14 DCT Order

15 Motion to Quash

15-1 Affidavit

18 Second Motion to Quash

18-1 affidavit

Posted in Author: Matthew L.M. Fletcher, Research, tribal election | Tagged , ,

National Indian Law Library Bulletin (2/8/2019)

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 2/8/19.

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
National Lifeline Association v. Federal Communications Commission  (Federal Communications Commission – Subsidies)
Mandan, Hidatsa and Arikara Nation v. United States Department of the Interior  (Oil and Gas Drilling Permits)
United States of America v. Jack W. Turtle 
(Lacey Act; Endangered Species)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2019.html
Interest of D.E.D.I  (Indian Child Welfare Act – Expert Witnesses)

Tribal Courts Bulletin
http://www.narf.org/nill/bulletins/tribal/2019.html
Corporation of the President of the Church of Jesus Christ of Latter-Day Saints v. Window Rock District Court
 (Jurisdiction; Pro Hac Vice)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article) 
https://www.narf.org/nill/bulletins/lawreviews/2019.html

  • Remaining silent in Indian Country: Self-incrimination and grants of immunity for tribal court defendants.
  • Second wave due diligence: The case for incorporating free, prior, and informed consent into the deep sea mining regulatory regime. 
  • A clash between culture and law: A comparative look at the conflict between quiet title actions in Hawaii, the Kuleana Act of 1850, and the displacement of Indigenous people. 

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
In the Land and Water section, we feature an article about Arizona’s drought plan and how it may impact farms, cities, tribes, and developers.

U.S. Legislation Bulletin 
https://www.narf.org/nill/bulletins/legislation/116_uslegislation.html
The following bills and resolutions were introduced: 

  • S.Res.37: A resolution designating the week beginning February 3, 2019, as “National Tribal Colleges and Universities Week.”
  • S.Res.52: A resolution authorizing expenditures by the Committee on Indian Affairs. 
  • S.294: A bill to establish a business incubators program within the Department of the Interior to promote economic development in Indian reservation communities. 
  • S.305: A bill to amend the Internal Revenue Code of 1986 to recognize Indian tribal governments for purposes of determining under the adoption credit whether a child has special needs. 
  • S.336: A bill to direct the Comptroller General of the United States to submit a report on the response of law enforcement agencies to reports of missing or murdered Indians. 
  • H.R.958: To protect Native children and promote safety in Indian country. 
  • H.R.1031: To take certain land located in San Diego County, California, into trust for the benefit of the Pala Band of Mission Indians, and for other purposes.
Posted in Author: Matthew L.M. Fletcher, Research | Tagged