Here are the materials in Eglise Baptiste Bethanie De Ft. Lauderdale, Inc. v. Seminole Tribe of Florida (S.D. Fla.):
Cert Petition in McMahon v. Chemehuevi Indian Tribe
Here is the petition:
Questions presented:
1. Under Barker v. Harvey, 181 U.S. 481 (1901) and United States v. Title Insurance & Trust Co., 265 U.S. 472 (1924), did the Chemehuevi Indian Tribe’s failure to file a land claim under the 1851 Act extinguish any of the Tribe’s rights as to Section 36 as conveyed to the State of California for school purposes under the Enabling Act of 1853?
2. Given that this Court has found that states take title to property under the Enabling Acts subject to aboriginal title only where a preexisting treaty has preserved the aboriginal title, does the absence of any Chemehuevi Indian Tribe reservation at the time Section 36 was conveyed to the State of California under the Enabling Act of 1853 bar any claim by the Tribe or its members that Section 36 constitutes Indian country?
3. Does the Appropriation Doctrine bar any claim by the Chemehuevi Indian Tribe or its members that the 1907 Secretarial Order could transfer Section 36 to the Tribe after the property had already been conveyed to the State of California for school purposes under the Enabling Act of 1853?
Lower court materials here.
Update:
National Indian Law Library Bulletin (1/3/2020)
Here:
|
Jim Diamond on the Aftermath of Rampage Shootings, Hard Lessons from the Red Lake Band of Chippewa Indians and Other Indigenous Peoples
James D. Diamond has published “In the Aftermath of Rampage Shootings: Is Healing Possible? Hard Lessons from the Red Lake Band of Chippewa Indians and Other Indigenous Peoples” in the Georgetown Journal of Law & Modern Critical Race Perspectives.
Here is the abstract:
This Article produces insights, ideas, and findings which link mass shootings and communal responses in the United States and on American Indian reservations. This Article compares the aftermath of these tragedies in non-indigenous communities with the responses when the tragedies have occurred in certain Native American communities, including comparisons between indigenous and non-indigenous courts. It looks to the roots of the Native American approach in indigenous historical evidence. Described is an institutional weakness in the Anglo-European judicial model in how it responds to the aftermath of heinous crimes. Explored is the adaptation of certain practices from indigenous peoples as a method of contributing to healing, closure, and reconciliation following heinous criminal behavior. Further explored is the possibility of incorporating face-to-face, interpersonal interactions between mass shooting victims, offenders, and their families.
Jim is the author of “After the Bloodbath: Is Healing Possible in the Wake of Rampage Shootings?“, published by Michigan State University Press.
The Grist: “Federal agencies are required to consult with tribes about pipelines. They often don’t.”
Here.
AALS Indian Law Panel — Monte Mills, Rep. Haaland, and Rep. Davids
Ninth Circuit Confirms Interior’s Denial of Federal Recognition for Ukiah Valley Pomo Indian Tribe
Here are the materials in Allen v. United States:
L.A. Times: “Two tribes aren’t recognized federally. Yet members won $500 million in minority contracts”
Here.
Cherokee, Choctaw, and Chickasaw Nations Sue Oklahoma Governor over Gaming Compacts
Here is the complaint in Cherokee Nation v. Stitt (W.D. Okla.):
Top 10 American Indian Law Papers of 2019 (SSRN Downloads)
Papers on SSRN with American Indian law subjects, either unpublished or recently published:
Agency Pragmatism in Addressing Law’s Failure: The Curious Case of Federal ‘Deemed Approvals’ of Tribal-State Gaming Compacts
52 U. MICH. J. L. REFORM 49 (2018), U Iowa Legal Studies Research Paper No. 2019-01
Number of pages: 54 Posted: 18 Jan 2019 Last Revised: 27 Mar 2019 [124 downloads]
Accepted Paper Series
University of Iowa College of Law
Incorporation Without Assimilation: Legislating Tribal Civil Jurisdiction Over Non-Members
UCLA Law Review Discourse, Forthcoming, University of Utah College of Law Research Paper No. 335
Number of pages: 29 Posted: 23 Sep 2019 Last Revised: 06 Nov 2019 [118 downloads]
Working Paper Series
University of Utah – S.J. Quinney College of Law
Owning Geronimo but Not Elmer McCurdy: The Unique Property Status of Native American Remains
Boston College Law Review, Vol. 60, No. 8, 2019
Number of pages: 62 Posted: 23 Jun 2019 Last Revised: 12 Sep 2019 [108 downloads]
Accepted Paper Series
Stanford Law School
A Framework for Tribal Public Health Law
Indiana University Robert H. McKinney School of Law Research Paper No. 2019-6
Number of pages: 34 Posted: 01 Aug 2019 Last Revised: 15 Oct 2019 [104 downloads]
Working Paper Series
Indiana University Robert H. McKinney School of Law
Originalism and Indians
Tulane Law Review, Vol. 93, No. 269, 2018
Number of pages: 69 Posted: 14 Feb 2019 [98 downloads]
Accepted Paper Series
Texas Tech University School of Law
Redefining Tribal Sovereignty for the Era of Fundamental Rights
Indiana Law Journal, Forthcoming
Number of pages: 78 Posted: 13 Jun 2019 [93 downloads]
Accepted Paper Series
University of Virginia School of Law
Native American Oral Evidence: Finding a New Hearsay Exception
Number of pages: 48 Posted: 17 Feb 2019 Last Revised: 27 Feb 2019 [93 downloads]
Working Paper Series
Boston University – School of Law
Indigenous Resilience
Arizona Law Review (Forthcoming), BYU Law Research Paper No. 19-08
Number of pages: 65 Posted: 22 Mar 2019 [83 downloads]
Accepted Paper Series
Brigham Young University- J. Reuben Clark Law School
The Belloni Decision and Its Legacy: United States v. Oregon and Its Far-Reaching Effects After a Half-Century
Environmental Law, Vol. 49, No. 4, 2020, Forthcoming
Number of pages: 47 Posted: 06 Jul 2019 Last Revised: 25 Oct 2019 [83 downloads]
Accepted Paper Series
Lewis & Clark Law School and HOBBS, STRAUS, DEAN & WALKER, LLP
Tribal Data Governance and Informational Privacy: Constructing ‘Indigenous Data Sovereignty’
80 Montana Law Review 229 (2019), Arizona Legal Studies Discussion Paper No. 19-19
Number of pages: 41 Posted: 17 Sep 2019 [73 downloads]
Accepted Paper Series
University of Arizona – James E. Rogers College of Law
Other significant papers here:
Exploring Legal Issues in Tribal Public Health Data and Surveillance
Southern Illinois University Law Journal, Vol. 44, 2019
Number of pages: 14 Posted: 22 Aug 2019 Last Revised: 15 Oct 2019 [68 downloads]
Accepted Paper Series
Indiana University Robert H. McKinney School of Law
Raping Indian Country
University of Utah College of Law Research Paper Forthcoming
Number of pages: 49 Posted: 04 Dec 2019 [60 downloads]
Working Paper Series
University of Kansas and University of Utah – S.J. Quinney College of Law
Learning from Tribal Innovations: Lessons in Climate Change Adaptation
University of Utah College of Law Research Paper No. 328, Environmental Law Reporter, Vol. 49, No. 11130
Number of pages: 20 Posted: 10 Sep 2019 Last Revised: 12 Dec 2019 [51 downloads]
Working Paper Series
University of Kansas and University of Utah – S.J. Quinney College of Law
Lobbying as a Strategy for Tribal Resilience
2018 BYU Law Review 1159
Number of pages: 73 Posted: 14 Aug 2019 [48 downloads]
Working Paper Series
Wayne State University Law School
Turtle Talk 
You must be logged in to post a comment.