Turtle Talk

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/index.html

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2019-2020update.html
Petition for certiorari was granted in this case on 12/13/19:
McGirt v. Oklahoma (Indian Major Crimes Act)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
Bay Mills Indian Community v. Whitmer (IGRA; Michigan Indian Land Claims Settlement Act)
Yurok Tribe v. Resighini Rancheria (Sovereign Immunity)
Rosales v. Dutschke (Indian Gaming; Rule 19)
Fitisemanu v. United States (Birthright Citizenship)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2019.html
State of Minnesota v. Bellcourt (Jurisdiction; Cross-Deputization Agreement)
State of Minnesota v. Northrup (Treaty Fishing Rights)

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

S.3019 – Montana Water Rights Protection Act
S.3044 – A bill to amend the American’s Water Infrastructure Act of 2018 to expand the Indian reservation drinking water program, 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/2019.html

Owning Geronimo but not Elmer McCurdy: The unique property status of Native American remains.

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

‘A long journey for our people’: Little Shell Tribe of Chippewa Indians on cusp on federal recognition
Majority of U.S. states, 75 members of Congress and more than 30 organizations file amicus briefs in support of Native American families and children
U.S. Supreme Court accepts new Oklahoma case about Indian reservations
‘We can help ourselves:’ Native women come together to confront high rates of maternal mortality
Environmental, nuclear worries force Prairie Island tribe to seek new lands
A Native law school ‘is something we need’
Muckleshoots among 30 tribes selected for expansion of program enhancing tribal access to national crime information databases
Hopes for bipartisan Montana water law in 2020
‘It changed our lives’: Banished women fight Ute tribal leaders in federal court

New issue of American Indian Law Journal has been published

December 18, 2019Ann Tweedy

The American Indian Law Journal, Volume 8, Issue 1 is now available online at:

https://digitalcommons.law.seattleu.edu/ailj/

Split Ninth Circuit Panel Affirms Dismissal of Muckleshoot U&A Appeal

December 18, 2019Matthew L.M. Fletcher

Here is the opinion in Muckleshoot Indian Tribe v. Tulalip Tribes, subproceeding 17-02 of United States v. Washington.

Briefs here.

Oklahoma SCT Holds Tax on Video Game Machines Used at Cherokee Casinos is Preempted by Federal Law

December 18, 2019Matthew L.M. Fletcher

Here is the opinion in Video Game Technologies v. Rogers County Board of Tax Roll Corrections.

Here is a related opinion involving machines at the Creek casinos, Video Game Technologies v. Tulsa County Board of Tax Roll Corrections.

The abstract:

For the last forty years the U.S. Supreme Court has been engaged in a measured attack on the sovereignty of Indian tribes when it comes to tribal court jurisdiction over people who are not members of the tribe asserting that jurisdiction. The U.S. Congress has already enacted legislation partially restoring some tribal courts’ criminal jurisdiction over nonmembers. This Article proposes to legislatively reconfirm the civil jurisdiction of tribal courts over such nonmembers. After examining the Supreme Court’s jurisprudence in this area and summarizing the Court’s main concerns with such tribal jurisdiction, this Article explores various legislative options before settling on a preferred course of action. The proposal set forth in the last part of this Article would reconfirm tribal court civil jurisdiction over nonmembers provided the tribal courts has established personal jurisdiction over the parties. However, tribal courts’ determinations on this subject would be appealable to federal courts. Furthermore, the Article proposes to allow nonmembers being sued in tribal courts the option of removing their cases to federal courts under certain conditions.