California COA Rejects Challenge to Shingle Springs Miwok Leadership

Here are the materials in Caballero v. Cueller (Calif. Ct. App.):

Unpublished Opinion

Appellant Brief

Response Brief

Reply

Native American Critical Issues 52nd Annual Conference

Native American Critical Issues 52nd Annual Conference

Hosted on Zoom March 10-12, 2022, 8:30-2pm ET by the Michigan Indian Education Council

The 2022 theme is Jichag: Seeking Balance and Centering Identity

Registration is now open!

Visit https://www.miecconference.org for more information and to register. Registration is $150 and includes an additional Eventbrite service fee.

Join us for 3 conference tracks, including

  • 2 General Tracks, for the general public and professionals
  • 1 Youth Track, for young professionals, students, or college-aged students who may be involved in Native American Student Organizations
  • 6 Plenary sessions
  • 9 Breakout sessions
  • 2 Pre-Conference Networking Café sessions everyday March 10-12, 8:30-9am to chat with other attendees
  • 2 Vendor Booths March 10-11, 12:45-1:45pm to/ meet with organizations and service providers
  • Access to presentation materials after the conference

Session Topics

  • Claiming and Centering Identity with FireKeeper’s Daughter Author, Angeline Boulley
  • Anishinaabe Comedy Hour with Comedian Johnny R. Ojibwe Outlaw
  • Beauty and Humor: Countering Generational Trauma Through Journaling, Sketching, and Lyrics
  • Michigan Indian Education Townhall
  • How Climate Change affects our Cultural Centering
  • A Family’s Perspective on Boarding School Survival
  • Native Inclusion Initiatives at Universities
  • Destressing in the Time of COVID
  • and more!

Call for Presenters! Closes today, 2/3/22

Click here: https://www.miecconference.org/call-for-participation

Share your product, service, or information as a Vendor! Application closes 2/14/22

Click here: https://www.miecconference.org/call-for-participation

Be listed as a vendor on the conference website and meet one-on-one with attendees in a Breakout Room during 2 virtual Vendor Booths, March 10 & 11, 2022, 12:45-1:45pm ET.
Vendor fees are $50 by mail or $50 plus service fee via Eventbrite.

Questions? contact miecconference@gmail.com

Ninth Circuit Draws Line between Assault and Kidnaping [D.V. Case on Navajoland]

Here the opinion in United States v. Jackson.

Briefs:

Opening Brief

US Brief

Reply

Canadian and U.S. Perspectives on PFAS: Issues of Social Justice

Feb 15, 2022 12:00 PM ET & March 15, 2022 12:00 PM ET

Registration Link: https://msu.zoom.us/webinar/register/WN_OHCUfS6AQoWPJcRF4kLxjg

Image Text:

Canadian and U.S. Perspectives on PFAS: Issues of Social Justice

Co-hosted by: The Center of PFAS Research, Canada Connect, and Indigenous Law & Policy Center

Join us for a speaker series on the history, science, impact, and challenges of PFAS in the Canadian and US context. Using a One Health framework, each webinar will include speakers from both Canada and the United States.

February 15 12:00-1:30pm

Registration Link: https://msu.zoom.us/webinar/register/WN_OHCUfS6AQoWPJcRF4kLxjg

Dr. Amira Akar is a Postdoctoral Fellow at the Universite Laval and the Center de reserche du CHU de Quebec. She is an environmental epidemiologist and her research centers around protecting systemically and structurally excluded populations from contaminants of emerging concern, with a particular interest in Arctic communities. Dr. Aker received her PhD in Environmental Health Sciences from the University of Michigan, Ann Arbor, and completed a postdoctoral fellowship a the University of Toronto Scarborough focused on chronic disease.

Melanie Lemire is an associate professor in the Department of Social and Preventative Medicine at Laval Unviersity and researcher at the Population Health and Optimal Health Practices axis at the CHU du Quebec-Universite Laval Research Centre and the Institute for Integrative and Systems Biology (IBIS). She is the Canadian designated expert for the Human Health Assessment Group of the Arctic Monitoring an Assessment Program (HHAG-AMAP). Her projects are transdisciplinary, intersectoral and participatory, and focus on the study of environmental contaminants, ocean change, and nutrition related to the health of Indigenous and coastal populations. Her findings are used to inform decisions, decision making-tools, programs and policies at local, federal, and international levels.

Elyse Caron-Beaudoin is an Assistant Professor in environmental health at the University of Toronto – Scarborough. Her research focuses on the development of transdisciplinary community-based research projects to assess the impacts of anthropogenic pressures on health by combining information form multiple levels of biological organization. Elyse holds a PhD in biology with a specialization in toxicology from the INRS – Armand-Frappier Institute in Laval, Quebec. From 2018 to 2020, she was a CIHR-funded postdoctoral fellow at the Universite de Montreal. She is implicated in several research projects on environmentalism and Indigenous health, including in oil and gas regions and in the Canadian Arctic.

Whitney Gravelle is a citizen of the Bay Mills Indian Community Gnoozhekaaning (Place of the Pike) in the Upper Peninsula of Michigan. After graduating from Michigan State University College of Law in 2016 with a certificate from the Indigenous Law Program, Whitney worked for the Department of Justice with the Environmental and Natural Resource Division in the Indian Resource Section, where she worked on cases relate to the scope of tribal lands and jurisdiction, treaty rights, and the protection of lands held in trust for tribes and individual Indian lands. Currently, Whitney serves as President of the Bay Mills Indian Community, and serves on the Michigan Women’s Commission and the Michigan Advisory Council on Environmental Justice.

Wenona Singel is an Associate Professor of Law and Associate Director of the Indigenous Law & Policy Center at Michigan State University College of Law in East Lansing, Michigan. She recently completed a two-year leave of absence from MSU to fulfill an appointment as Deputy Legal Counsel and Advisor for Tribal Affairs for Governor Gretchen Whitmer. At MSU, Wenona teaches and publishes in the areas of Property, Federal Indian Law, and Natural Resources Law. She is a member of the American Law Institute and an Associate Reporter for the Restatement of the Law of American Indians. She also received an appointment by President Barack Obama to the Board of Saint Lawrence Seaway Development Corporation, a position she held for five years. She received an A.B. from Harvard College and a J.D. from Harvard Law School. Wenona is a citizen of the Little Traverse Bay Bands of Odawa Indians.

Join us for our next PFAS webinar: March 15th 12:00-1:30pm

Caballero v. United States Cert Petition

Here:

Cert Petition

Questions presented:

  1. Whether the Trial Court and the Court of Appeals committed prejudicial error in barring/blocking a Native American tribe from pursuing in rem / quiet title remedies on lands promised and granted to them by the USA from that tribe, but stolen by another tribe based on lack of subject matter jurisdiction due to the non-justiciable political question doctrine.
  1. Whether or not, the Court committed prejudicial error by blocking a native American tribe from pursuing an in rem/quiet title/stolen tribal lands case, on the basis of USA sovereign immunity tribal sovereign immunity.
  2. Whether the waiver by the United States of America of its sovereign immunity over quiet title claims
    impermissibly discriminates in violation of the Equal Protection Clause of the 14th Amendment against Native American tribes having quiet title claims that are barred by the Native American lands express exceptions set forth in 28 USC section 2409a.
  3. Whether the Trial Court and the Court of Appeals committed prejudicial air in barring/blocking the
    Indian tribes pursuit of Land title claims constitutes an impermissible denial of the right to access to
    courts as guaranteed by the First Amendment right to petition the court government for redress of grievances.

Lower court materials here.

Idaho Federal Court Dismisses Suit against Tribally-Owned Business for Lack of Diversity Jurisdiction

Here are the materials in Whittle v. Zims Hot Springs (D. Idaho):

1 Complaint

12 Motion for Summary

16 Response

20 Reply

40 DCT Order

Anti-NAGPRA Scholar Sues San Jose State for Free Speech Violations

“Here Come the Anthros”

Here is the complaint in Weiss v. Perez (N.D. Cal.):

1 Complaint

San Jose Mercury News: “San Jose State: Professor smiling with Native American skull ignites fiery debate

Springer and Weiss: “Responding to Claims of Archaeological Racism

Akwesasne Notes, March 1971

Split Sixth Circuit Vacates Conviction and Sentence of D.V. Perpetrator of Saginaw Chippewa Tribal Citizens

Here are the materials in United States v. Johnson:

CA6 Opinion

Opening Brief

US Brief

Reply

 

The University of Michigan federal appellate clinic represented the appellant.

Deadline Extended – Call for Articles: Special Indian Law Edition of the Arizona Attorney 2022

DEADLINE EXTENDED – CALL FOR ARTICLES: SPECIAL INDIAN LAW EDITION OF THE ARIZONA ATTORNEY 2022

Deadline for 1-2 Paragraph Article Proposals: February 7, 2022

Deadline for Article Drafts: March 18, 2022

The Indian Law Section has extended the deadline for article proposals to be included in the 2022 special Indian Law edition of the Arizona Attorney magazine. Proposals should focus on an issue of interest to those who practice Indian Law in Arizona. Publication in the Indian Law Edition of the Arizona Attorney magazine is a wonderful opportunity for Indian legal practitioners to showcase their expertise in the field of Indian law.  The Indian Law Section relies on you to contribute articles in order to preserve this outstanding tradition.

Past articles from the 2021 Indian Law edition were:

A View from Tribal Court: Tips for Best Practices

By M. June Harris

Thawing the Freeze: COVID-19’s Effect on the Former Bennett Freeze Area of the Navajo Nation

By Susan I. Eastman

The Words of the Talking God: Sustaining Native Nations Through the Common Law

By Joseph Austin

An Opportunity Arises: Prop. 207 and Arizona Tribes’ New Beginnings for Marijuana Legislation

By Judith Dworkin, Joe Keene, and Candace French

Epidemic Hiding in Plain Sight

By Susan Filan

Spectrum Sovereignty: The U.S. Must Recognize Indigenous Rights to Spectrum

By Darrah Blackwater

Arizona–Tribal 2021 Gaming Compact Amendments: What You Need to Know

By Heidi McNeil Staudenmaier and Ed Hermes

Bent But Not Broken – ICWA Stands: A Summary of “Brackeen v. Haaland”

By Glennas’ba Augborne Arents and April E. Olson

Either a short or a long article may be proposed. Generally, a long article will be between 2,000 and 2,500 words (in a Microsoft Word document, about 9 to 12 pages including endnotes) and will be about 3 to 4 pages in the magazine. A short article will be approximately 1,500 words and typically will be 2 pages in the magazine.

The proposal should provide the following information: author’s name and contact information (e-mail address, phone number, and name of employer/firm); the subject matter of the article relevant to the practice of Indian law in Arizona (e.g., ICWA, NAGPRA, Water Rights, Land Use, Tribal Sovereignty, etc.); the anticipated title; and a concise summary of the thesis of the article. 

Proposal authors will be notified on whether their proposed article has been accepted by February 11, 2022.  The draft of the article for a selected proposal will be due on March 18, 2022.  Final drafts of selected articles are due by April 25, 2022.

If you would like to submit a proposal or if you have questions, please contact:

Glennas’ba Augborne Arents, Secretary, Indian Law Section
gaugborne@rothsteinlaw.com

Or

Hon. M. June Harris, Member-at-Large, Indian Law Section
JHarris@sc.pima.gov