The Project’s webpage, with more reports, is here.
Winter 2021 UW Indian Law Symposium
Materials in Suit against Caesars [Rincon Band]
Here are the materials so far in Pilant v. Caesars Entertainment Services Inc. (S.D. Cal.):
An excerpt:
This matter is before the Court on a motion by specially appearing Defendants Caesars Enterprise Services, LLC (“CES”) and Caesars Entertainment, Inc. (“CEI”) to dismiss the complaint for failure to join an indispensable party and for lack of personal jurisdiction. The motion has been fully briefed, and the Courtdeems it suitable for submission without oral argument. As discussed below, the motion to dismiss for failure to join an indispensable party is denied and the motion to dismiss for lack of personal jurisdiction is granted in part and denied in part.
NAICJA Tribal Child Welfare Training
December 9-10, 2020, 9-4pm MT
Join the National American Indian Court Judges Association and Casey Family Programs for a virtual Judicial Skills Training for Judges who hear child welfare cases.
Register today: https://naicja.wixsite.com/childwelfare2020
Administrative Law Review Podcast on the Mashpee Wampanoag Tribe’s Federal Recognition Struggle
Here.
On today’s episode of A Hard Look, a Junior Staffer on ALR, Olivia Miller, joins host, Sarah Knarzer, and Professor Matthew Fletcher to discuss the tribal recognition process and the barriers it poses to tribes across the United States, and in particular the Mashpee Wampanoag tribe. Earlier this year, and in the middle of a surging coronavirus pandemic, the Bureau of Indian Affairs announced its intention to revoke the Mashpee Wampanoag’s land from its federal trust. This action is only a continuation of the Mashpee Wampanoag’s four hundred year struggle for tribal survival, dating back to the origins of the Thanksgiving myth.
Olivia and Professor Fletcher discuss Olivia’s comment, which she wrote as part of ALR’s comment writing process, to identify why the tribal recognition process is such a difficult, expensive, and frustrating administrative process for tribes who want and need to be federally recognized.
Federal Court Holds Tribal Employee Not Covered by Kickapoo Tribe’s Insurance Policy in Auto Accident
Here are the materials in Dinger v. Wishenko (N.D. Ill.):
58 Insurance Co. Motion for Summary Judgment
70-2 Order re Partial Settlement of Claim
74 Wishenko Motion for Summary Judgment
91 Wishenko Reply in Support of 74
Materials in the related Federal Tort Claims Act case, Dinger v. United States (D. Kan.):
Amicus Brief of NCAI in Census Case
Here is the National Congress of American Indians’ (“NCAI”) Amicus Brief in Trump v. New York, which is being argued today and addresses whether unauthorized immigrants should now be excluded from the Census count.
From the brief:
Multiple amici argue, in effect, that unauthorized immigrants are not “persons” to be counted for purposes of apportionment. Because the United States once tried to argue that American Indians were not “persons” under the law, amicus NCAI is compelled to refute these arguments.
….
These arguments are inconsistent with the Constitution’s text and history. Worse still, in a nation where “all persons are created equal,” Matthews v. Lucas, 427 U.S. 495, 516 (1976) (Stevens, J., dissenting), see also Declaration of Independence ¶ 2 (“We hold these truths to be self-evident, that all men are created equal. . . .”), these attempts to deny the very personhood of unauthorized immigrants are morally bankrupt.
Ninth Circuit Rejects Quanah Spencer’s Selective Prosecution Claim
Seattle Times: “Salmon People: A tribe’s decades-long fight to take down the Lower Snake River dams and restore a way of life”
Here.
NYTs: “Debra White Plume, Defender of Her Tribe, Is Dead at 66”
Here.
Turtle Talk 
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