National Indian Law Library Bulletin (6/10/2020)

Matthew L.M. Fletcher

Here:

We have scoured the web. Here are some of the latest materials related to Indian Law. Find all of the latest updates at narf.org/nill/bulletins/

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2020.html
United States v. Grote (Payday Lending; TILA)
Booker v. Plain Green, LLC. (Sovereign Immunity)
Elliot v. Snyder (Religious Land Use and Institutionalized Persons Act)
Gwitchyaa Zhee Corporation v. Bernhardt (ANCSA)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2020.html
In re M.W. (Indian Child Welfare Act)

U.S. Legislation – 116th Congress Bulletin
https://narf.org/nill/bulletins/legislation/116_uslegislation.html

  • H.R.7092 – To amend title 54, United States Code, to establish, fund, and provide for the use of amounts in a National Parks and Public Land Legacy Restoration Fund to address the maintenance backlog of the National Park Service, the United States Fish and Wildlife Service, the Bureau of Land Management, the Forest Service, and the Bureau of Indian Education, and to provide permanent, dedicated funding for the Land and Water Conservation Fund, and for other purposes.
  • H.R.7119 – To convey land in Anchorage, Alaska, to the Alaska Native Tribal Health Consortium, and for other purposes.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:

  • A native perspective on shared political resistance and force
  • Shoshone-Bannock transgender inmate makes history with legal fight
  • Disparity, disease, and drinking water: COVID-19 and safe drinking water access in Indian Country
  • U.S. Senate passes Navajo Utah Water Rights Settlement Act
  • Ruth Buffalo: ‘We tripled…Native American women running’ for North Dakota Legislature
  • Prof Pommersheim talks checkpoints
  • Ramos bill to acknowledge historic Native American presence moves to Senate
  • Investigation reveals a consistent picture: ‘It’s really hard to vote in Indian Country’
  • Pocatello attorney prevails in largest water rights case in Nevada history
  • Mashpee Wampanoag: U.S. court ‘stood up for justice’
  • Shunning virus and Big Oil, Alaska tribe revives traditions

NYTs: “Christopher Columbus Statues in Boston and Virginia Are Damaged”

Matthew L.M. Fletcher

Here.

Tribal Entity’s Effort to Remove Payday Lending Suit to Federal Court is Thwarted by Well-Pleaded Complaint Rule

Matthew L.M. Fletcher

Here are the materials in Booker v. Plain Green LLC (M.D. Fla.):

1 Notice of Removal

1-1 State Court Complaint

9 Motion to Remand

14 Motion to Dismiss

15 Opposition to Motion to Remand

16 DCT Order Granting Motion to Remand

Profile of Great Lakes Anishinaabe Responses to Climate Change

Matthew L.M. Fletcher

From Yale Climate Connections, “By paying attention, tribes in the Northwoods are leading the way on climate change.”

Ninth Circuit Briefs in Winnemucca Indian Colony v. United States [leadership dispute]

Matthew L.M. Fletcher

Here:

Opening Brief

Appellee Brief

Reply

Oral argument:

Lower court materials here.

Prairie Band Potawatomi Sues Treasury over CARES Act Funding

Matthew L.M. Fletcher

Here are the materials in Prairie Band Potawatomi Nation v. Mnuchin (D.D.C.):

1 Complaint

2 Motion for TRO

Port Gamble S’Klallam Tribe Sues Insurance Company

Matthew L.M. Fletcher

Here is the complaint in Port Gamble S’Klallam Tribe v. Lexington Insurance Company (Port Gamble S’Klallam Community Court):

Complaint

Tenth Circuit Briefs in Chegup v. Ute Indian Tribe of the Uintah and Ouray Reservation [banishment]

Matthew L.M. Fletcher

Here:

3-24-20 Appellants’ Opening Brief

5-22-20 Appellees’ Brief

6-5-20 Appellants’ Reply Brief

Lower court materials here.

NDN Collective, Inc. (NDN) announces Request for Information (RFI) for Indigenous Contractors to Provide Support to Indigenous Communities Dealing with COVID-19.

Matthew Campbell

RFI here.

More information here.

NDN Collective, Inc. (NDN) announces the release of a Request for Information (RFI) to collaboratively identify contractors and other technical assistance providers who can provide support to Indigenous communities bracing from economic impacts, stresses to public services due to COVID-19.  This team will specifically provide assistance in accessing federal stimulus resources for Native Nations, Indigenous-led organizations, and individuals, and other.  The RFI is designed to complement COVID-19 Response grants and loans that are offered by NDN to maximize the potential of these resources to solve current critical needs by building capacity to use these funds effectively.

Res Ipsa Loquitur Issues 1 and 2 [History of U.Mich. Student Ad Hoc Committee on Race, Gender, and Sexual Orientation, 1996]

Matthew L.M. Fletcher

In 1996, Michigan law students formed an Ad Hoc Committee on Race, Gender, and Sexual Orientation after the office door of Lance Jones, an African-American faculty member, was defaced with a racist slur. Shortly after that, the Res Gestae, a law student publication, published an attack on Catharine MacKinnon. The Ad Hoc Committee’s formation was followed by the publication of Res Ipsa Loquitur, a newsletter on race, gender, and sexual orientation. We’re making two issues of that newsletter available here.

Here:

Res Ipsa Loquitur Issue 1

Res Ipsa Loquitur Issue 2

Here is a twitter thread that is aggregating the issues and responses to Dean West’s initial statement and the responses from students and others (June 4-June 6)(includes documents).