California Federal Court Dismisses Remaining Defendants in Acres Bonusing v. Marston

Here are the materials in Acres Bonusing Inc. v. Marston (N.D. Cal.):

78-1 Boutin Jones Motion to Dismiss

79 Janssen Malloy Motion to Dismiss

80-1 Rapport Motion to Dismiss

82 Response

83 Boutin Jones Reply

84 Janssen Malloy Reply

85 Rapport Reply

Prior post here.

Tulsa Law Review Indian Law Symposium Issue

Here are the Indian law articles:

Article

PDF

Restoring Oklahoma: Justice and the Rule of Law Post-McGirt
Sara E. Hill

PDF

Digital Economic Zones: A Program for Comprehensive Tribal Economic Sovereignty
W. Gregory Guedel and Philip H. Viles Jr.

PDF

Lessons Learned, Lessons Forgotten: A Tribal Practitioner’s Reading of McGirt and Thoughts on the Road Ahead
Stephen H. Greetham

Blast from the distant past (2018), Sara and Stephen on the left prepping for a TICA panel on what was then known as Murphy v. Carpenter.

Society of American Indian Government Employees to host National Training Program

SAIGE National Training Program: Celebrating 20 Years of Respect, Culture, and Education

June 21-23, 2022 registration and information here

The National Training Program, open to all, is hosted by the Society of American Indian Government Employees (SAIGE), the national non-profit organization formed in 2002 representing American Indian and Alaska Native (Al/AN) Federal, Tribal, State and local government employees. SAIGE provides specialized training sessions for Veterans and Youth at no cost. Register and learn more at www.saigetraining.org. Press release here. Speakers include Stephen Pevar, Lisa Williams, James Vukelich Kaagegaabaw, and more.

New York Federal Court Orders Tribal Exhaustion in Smoke Shop Dispute at Cayuga

Here are the materials in Cayuga Nation v. Parker (N.D. N.Y.):

Reprinted in Akwesasne Notes, 1970

1 Complaint

2-3 Motion for Injunction

30 Parker Opposition

30-4 Legal Opinion

31 Meyer Opposition

34-1 Parker Motion to Dismiss

35-1 Meyer Motion to Dismiss

37 Reply in Support of 2

40 Opposition to Motions to Dismiss

44 Meyer Reply

45 Parker Reply

45-2 Cayuga Civil Court Order

47-1 Cayuga Civil Court Amended Complaint

Bay Mills to host 4th Annual Noojimo’iwewin: The VAWA & ICWA Training


The 2022 Noojimo’iwewin features a series of hands-on training units. Each unit focuses on a topic related to violence and provides tools to support community healing. Engaging, expert faculty facilitate each unit which has been designed to help advocates, providers, and legal professionals implement effective service strategies. The training is hosted both in-person at the Bay Mills Resort & Casino and virtually via Whova. CLE and Social CEU credits pending.

States’ Cert Petition in Navajo Nation Water Rights Case

Here is the petition in Arizona v. Navajo Nation:

Questions presented:

I. Does the Ninth Circuit Opinion, allowing theย Nationย to proceed with a claim to enjoin the Secretary to develop a plan to meet theย Nation’sย water needs andย *iiย manage the mainstream of the LBCR so as not to interfere with that plan, infringe upon thisย Court’sย retained and exclusive jurisdiction over the allocation of water from the LBCR mainstream inย Arizona v. California?

II. Can theย Nationย state a cognizable claim for breach of trust consistent with thisย Court’sย holding inย Jicarillaย based solely on unquantified implied rights to water under theย Wintersย Doctrine?

Lower court materials here.

Top Side Briefing in Haaland v. Brackeen

This case is a little complicated regarding the name and who is filing when. The Court is keeping all of the documents under case number 21-376, which is Haaland v. Brackeen. But in its order granting cert, the Court stated that Texas and the foster families would file first, or be “top side” in the briefing schedule. The federal government and the tribes will file on August 5, and the subsequent amicus briefs on August 12.

If you are thinking about a pro-ICWA amicus brief and have not yet talked to Dan Lewerenz (lewerenz@narf.org) at NARF now is the time to reach out. If you are a tribe looking to sign on to the tribal amicus brief, please reach out to Erin Dougherty Lynch (dougherty@narf.org), also at NARF.

Top Side Principle Briefs

Brackeen_Haaland v. Brackeen โ€” Opening Brief

Texas_Haaland v. Brackeen โ€“ Opening Br. for Texas

Top Side Amicus Briefs

CatoGoldwaterFosterParents_Amicus Brief

CJJr_PLF Amicus Brief โ€“ BRACKEEN โ€“ 2022.06.01 โ€“ FINAL

OklahomaOhio_Brackeen Amicus

ProjectforFairRep_21-376 -377 -378 -380 ICWA Amicus Brief

NewCivilLiberties_21-378 Amicus NCLA Supp. Pet.

CERA_CERF Amicus Brief in Support of No Party -Final-6-2-22

ChristianICWA_21-376 -377 -378 and -380 Brief

AAAA_21-376 Amicus AAAA and NCFA

Notable additions to the anti-ICWA amicus briefs include Oklahoma and parties of ICWA cases past.

New Scholarship on Linguistic Methods for Revitalizing Indigenous Laws

Naiomi Metallic has posted โ€œFive Linguistic Methods for Revitalizing Indigenous Laws,โ€ forthcoming in the McGill Law Journal, on SSRN. Here is the abstract:

Building on the ground-breaking work on the revitalization of Indigenous laws ongoing over the past decade, this article seeks to contribute to our understanding of how Indigenous languages can be used to recover Indigenous laws. It posits that there is not one single linguistic method, but at least five: 1) the โ€˜Meta-principleโ€™ method; 2) the โ€˜Grammar as revealing worldviewโ€™ method; 3) the โ€˜Word-partโ€™ method; 4) the โ€˜Word-clustersโ€™ method; and 5) the โ€˜Place namesโ€™ method. Using the Mรฌgmaq language to illustrate, the article explains each method and provides examples of how they can be used to inform Indigenous law revitalization. The article also shows that one does not have to be a fluent, first-language speaker to engage with linguistic methods for Indigenous law revitalization, by highlighting the various published resources like dictionaries and lexicons, reference and teaching texts, atlases, and more, that can be harnessed to engage in this work. This makes engaging with the linguistic methods accessible to the many Indigenous peoples who, because of the impacts of colonialism, are only starting to re-learn their Indigenous language. This revelation should give greater confidence to the non-fluent that they too can play a role in the revitalization of both their language and laws.

Highly recommended.