Here are the materials in Herpel v. County of Riverside:
House Oversight Committee Staff Report Accusing JUUL of Using Indian Country Vapers as Guinea Pigs
WaPo: “Sacred Native American burial sites are being blown up for Trump’s border wall, lawmaker says”
Here.
New Fletcher Paper: “The Rise and Fall of the Ogemakaan”
Please check out my new paper, “The Rise and Fall of the Ogemakaan,” now available on SSRN. Here is the abstract:
Anishinaabe (Odawa, Bodewadmi, and Ojibwe) legal and political philosophy is buried under the infrastructure of modern self-determination law and policy. Modern Anishinaabe tribes are rough copies of American governments. The Anishinaabeg (people) usually choose their ogemaag (leaders) through an at-large election process that infects tribal politics with individualized self-interest. Those elected leaders, what I call ogemaakaan (artificial leaders) preside over modern governments that encourage hierarchy, political opportunism, and tyranny of the majority. While modern tribal governments are extraordinary successes compared to the era of total federal control, a significant number of tribes face intractable political disputes that can traced to the philosophical disconnect from culture and tradition.
Anishinaabe philosophy prioritizes ogemaag who are deferential and serve as leaders only for limited purposes and times. Ogemaag are true representatives who act only when and how instructed to do so by their constituents. Their decisions are rooted in cultural and traditional philosophies, including for example Mino-Bimaadiziwin (the act of living a good life), Inawendewin (relational accountability), Niizhwaaswii Mishomis/Nokomis Kinoomaagewinawaan (the Seven Gifts the Grandfathers or Grandmothers), and the Dodemaag (clans). I offer suggestions on how modern tribal government structures can be lightly modified to restore much of this philosophy.
Citizen Potawatomi Nation and Muscogee (Creek) Nation Intervene in Oklahoma Gaming Compact Suit
Here are the updated materials in Cherokee Nation v. Stitt (W.D. Okla.):
21 Citizen Potawatomi Nation Motion to Intervene
21-1 Complaint in Intervention
23 Muscogee (Creek) Nation Motion to Intervene
23-1 Complaint in Intervention
28 DCT Order Granting Motions to Intervene
Prior posts here.
ICWA Court in New Mexico
Here.
Cool Pro Hac Update from Ho-Chunk Nation
HCN has updated their own tribal rules of civil procedure to allow for a pro hac waiver in tribal court for child welfare cases:
(C) Counsel not admitted to practice before the Ho-Chunk Nation Courts, but seeking to appear on behalf of a federally recognized Indian tribe in a proceeding regarding a petition for guardianship or for child protection over a child who is a member of that tribe, or eligible for membership in that tribe, shall be permitted to appear without paying any fee. Counsel representing an Indian tribe in such a matter shall also be permitted to make their appearance without filing a motion for special appearance, provided that, at that appearance, said counsel states on the record that they are admitted to practice in another state, federal, or tribal jurisdiction; that they have been in actual practice for two or more years, and takes the oath or affirmation for practice. This rule shall not apply to attorneys who appear on behalf of the Ho-Chunk Nation.
HCN Civ. Pro. R. 16(c)
We’ve updated the pro hac page accordingly. Obviously these are not ICWA pro hac waivers, but are related and can be used to show comity in this area.
Trying Again: Arizona Pro Hac ICWA Rule
Here.
Comments due by May 1.
If anyone has had any problems or concerns practicing in Arizona on an ICWA case, it would be good to highlight that.
Native Wholesale Supply v. California ex rel. Becerra Cert Petition
Here:
Questions presented:
1. Whether a contract for the purchase of goods entered into, and fully performed by, an Indian Tribe outside the exterior boundaries of the state in which the Tribe’s reservation is located can constitutionally subject the out of state vendor to the specific personal jurisdiction of the buyer’s state, under state laws purporting to regulate the sale of those goods in the buyer’s state.
2. Whether a state has specific personal jurisdiction to regulate a purchase of goods contract between an Indian on an Indian reservation outside the state and an Indian Tribe located within the state’s boundaries when the contract is performed on the
out of state Indian reservation.
3. Whether there is a constitutional or statutory right afforded to an Indian of one tribe to conduct business free from state regulation with an Indian of a different tribe, both of which are located in Indian country, under the Indian Commerce Clause.
4. Whether a tribally chartered corporation wholly owned by a member of a federally recognized Indian Tribe is an Indian for purposes of the protections afforded to Indians under federal law.
Lower court materials here.
Update:
ABA Journal Profile on Judge V
Here.
Keep an eye out for this awesome guy on Alaska flights, and if you’re very lucky, he’ll make you a meme.
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