I was just alerted to this rule change, which is a couple years old (let’s all just blame being stuck in our homes for me not finding out before this).
Phillips v. Oneida Indian Nation Cert Petition
NCAI Amicus Brief Supporting Standing Rock Protester Shot in Face by Police with Lead Bean Bag
Here is the brief in Mitchell v. Kirchmeier (8th Cir.):
Fred Hart, Champion of the Pre-Law Summer Institute, Has Passed
From Helen Padilla, director of the American Indian Law Center:
To the Pre-Law Summer Institute Alumni, Professors, and Family,
The American Indian Law Center, Inc. regrets to inform our vast network of Pre-Law Summer Institute (PLSI) alumni that UNM School of Law Professor Emeritus and former Dean Fred Hart passed away on June 6, 2021. In 1967, Professor Fred Hart and Dean Tom Christopher created a Special Scholarship Program in Law for American Indians at UNM School of Law. This Special Scholarship Program was the pre-cursor to the Pre-Law Summer Institute. In the 53 years since that pivotal summer, the Pre-Law Summer Institute has remained faithful to its mission to prepare American Indians and Alaska Natives for the rigors of law school by essentially replicating the first semester of law school in an intensive two-month program. For decades, PLSI alumni have been leaders throughout Indian Country and the United States, including U.S. Secretary of the Interior Deb Haaland, who is the first indigenous member of a President’s cabinet in our country’s history. Professor Hart probably never imagined that the summer program he helped to launch eventually would produce a Secretary of the Interior and countless other leaders. Nonetheless, we at the American Indian Law Center remain ever grateful for and mindful of his role in creating the most successful pre-law prep program in the U.S. for American Indians and Alaska Natives. Fred Hart’s life teaches us all that the efforts of one person can make a difference that echoes far and wide across generations. We offer our sincere condolences to Professor Hart’s family and friends.
We interviewed Professor Hart in 2017 as part of PLSI’s 50th Anniversary celebration. The PLSI History page link: https://www.ailc-inc.org/plsi-history/
The video interview with Fred Hart is here:
SCOTUS Denies Cert in Case Raising Immovable Property Exception to Tribal Immunity
Here is today’s order list.
The Court denied cert in Seneca County v. Cayuga Indian Nation, materials here.
Little Traverse Odawa En Banc Petition in Reservation Boundaries Case
Federal Court Rejects United Houma Band Effort to Save Historic Daigleville School
Here are the materials in United Houma Nation Inc. v. Terrebonne Parish School Board (E.D. La.):
New Update in Adams v. Elfo [Nooksack Habeas Matter]
Here are new materials in Adams v. Elfo (W.D. Wash.):
62 DCT Order Remanding Motion to Magistrate
Prior post here.
Native American Law Library Bulletin (6/3/2021)
Here:
We have scoured the web. Here are some of the latest materials related to Indian Law. Find all of the latest updates at https://narf.org/nill/bulletins/
U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2020-2021update.html
One case was decided this week on 6/1/21:
- United States v. Cooley (Indian Civil Rights Act; Tribal Police; Exclusionary Rule)
Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2021.html
- Kalispel Tribe of Indians v. Department of the Interior (Trust Responsibilities; IGRA)
- Chemehuevi Indian Tribe v. United States (Bureau of Indian Affairs; 638 Contract)
State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2021.html
- Makah Indian Tribe v. Commissioner of Public Lands (Treaty Rights)
U.S. Legislation – 117th Congress Bulletin
https://narf.org/nill/bulletins/legislation/117_uslegislation.html
- S.1868 – A bill to amend the Child Abuse Prevention and Treatment Act to require that equitable distribution of assistance include equitable distribution to Indian Tribes and Tribal organizations, to increase amounts reserved for allotment to Indian Tribes and Tribal organizations under certain circumstances, and to reserve amounts for migrant programs under certain circumstances, and to provide for a Government Accountability Office report on child abuse and neglect in American Indian Tribal communities.
- S.1880/S.1897 – A bill to direct the Federal Trade Commission to submit to Congress a report on unfair or deceptive acts or practices targeted at Indian Tribes or members of Indian Tribes, and for other purposes.
- S.1895 – A bill to require the Secretary of Health and Human Services to award additional funding through the Sanitation Facilities Construction Program of the Indian Health Service, and for other purposes.
- S.1901 – A bill to amend the Act of June 18, 1934, to reaffirm the authority of the Secretary of the Interior to take land into trust for Indian Tribes, and for other purposes.
- S.1911 – A bill to provide for the settlement of the water rights claims of the Fort Belknap Indian Community, and for other purposes.
- S.1951 – A bill to make additional Federal public land available for selection under the Alaska Native Vietnam era veterans land allotment program, and for other purposes.
- S.1957 – A bill to establish digital services in State, county, local, and Tribal governments, and for other purposes.
- H.R.3587 – To prescribe procedures for effective consultation and coordination by Federal agencies with federally recognized Tribal Governments regarding Federal Government actions that impact Tribal lands and interests to ensure that meaningful Tribal input is an integral part of the Federal decision-making process.
- H.R.3649 – To extend Federal recognition to the Mono Lake Kutzadikaa Tribe, and for other purposes.
Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2021.html
- Cultural competency and the law: Productive justice for American Indians.
- Mitigating disparities in access to healthcare among Native American communities through telehealth.
- The reasonable Indigenous youth standard.
- Indiana’s Indian laws: Indigenous erasure and racism in the land of the Indians.
News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:
- Court unanimously holds that Indian tribes retain the inherent power to police non-Indians
- President’s 2022 budget includes increases in funding for Indian Country, including a 36% increase for Indian Health Service
- Choctaw Nation taking first steps to grant citizenship to Freedmen
- San Carlos Apache Tribe nearly halts spread of coronavirus
- Treaties offer new aid in environmental fights
- Vaccine information available in Native languages
- Chair Grijalva introduces RESPECT Act to establish and require government-to-government consultation between federal agencies, tribal leaders
- The Karuk used fire to manage the forest for centuries. Now they want to do that again
- Freedmen’s effect on Black Wall Street
- Diné historian strengthens history of traditional matriarchal leadership
Tenth Circuit Issues Decision Favoring US in 2016 Dog Head Fire at Isleta Pueblo
Here is the opinion in Ohlsen v. United States.
Briefs:
An excerpt:
In the summer of 2016, a large fire, later known as the Dog Head Fire, engulfed Isleta Pueblo and United States Forest Service land in the Manzano Mountains of New Mexico. By the time it was extinguished, the fire had burned several thousand acres of land. The fire resulted from forest-thinning work performed by Pueblo crewmembers under an agreement with the Forest Service. The partnership to thin the forest arose after numerous fires had beset the surrounding areas.
Insurance companies and several owners of destroyed property (collectively, “Appellants”) sued the government, alleging negligence under the Federal Tort Claims Act (“FTCA”). Their negligence claims fell into two categories: the government’s own negligence arising from acts of Forest Service employees, and the government’s negligence arising from acts of the Pueblo crewmembers. The government moved to dismiss, arguing that the court lacked jurisdiction and, alternatively, for summary judgment on that same basis. The district court granted the government summary judgment. First, the court concluded that the Pueblo crewmembers had acted as independent contractors of the government, and thus, the government wasn’t subject to FTCA liability based on the Pueblo crewmembers’ negligence. Additionally, the court barred these claims under the FTCA’s administrative-exhaustion requirement. Second, the court barred Appellants’ claims premised on the Forest Service employees’ own negligence, under the FTCA’s discretionary-function exception.
On appeal, Appellants contend that the district court erred in ruling that the FTCA jurisdictionally barred their claims. We disagree. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.
Turtle Talk 
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