Ninth Circuit Holds Salish Kootenai College is Arm of CSKT and therefore Immune from Suit

Here is the unpublished decision in McCoy v. Salish Kootenai College.

Briefs here.

How a Native American Resistance Held Alcatraz for 18 Months

On Nov. 20, 1969, more than 70 Native Americans gathered before dawn on a dock in San Francisco Bay. They boarded three boats and sailed from the small, foggy harbor in Sausalito, Calif., to Alcatraz Island. They intended to make landfall on territory belonging to the United States government with the intent of claiming it for themselves. Or reclaiming it, depending on your point of view.

HERE

National Indian Law Library Bulletin (11/19/2019)

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/index.html

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
Clements v. Confederated Tribes of the Colville Reservation (Tribal Jurisdiction)
FMC Corporation v. Shoshone-Bannock Tribes (Hazardous Waste Storage; Tribal Court Jurisdiction) 

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

  • S.2871 – A bill to amend the Internal Revenue Code of 1986 to exclude from gross income payments under the Indian Health Service Loan Repayment Program and certain amounts received under the Indian Health Professions Scholarships Program. 
  • H.R.5153 – To assist Tribal governments in the management of buffalo and buffalo habitat and for the reestablishment of buffalo on Indian lands. 

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

  • Tribes’ water rights at Klamath River upheld by federal circuit court 
  • Native American students left behind by S.D. education system 
  • ‘We want to be calling the shots’: Naat’aanii partnership poised to deliver Medicaid to Navajo
  • Yaqui, O’odham history and sovereignty in the borderlands
  • ‘Homecoming’: Pueblo of Acoma set to reclaim sacred item
  • Cherokee Nation celebrates grand opening of largest tribal outpatient health center in country
  • How an Arrow Lakes elk hunt became a case of tribal recognition

Rhode Island Supreme Court on Active Efforts [ICWA]

Here.

A frustrating case–apparently the fact that ICWA is “complicated” and has been subject to Supreme Court litigation is reason for a social worker to not understand active efforts.

APSAC Advisor Issue on ICWA

The American Professional Society on the Abuse of Children published an issue on ICWA.

Here.

Articles include:

Vandervort, The Indian Child Welfare Act: A Brief Overview to Contextualize Current Controversies

Fletcher & Fort: The Indian Child Welfare Act as the “Gold Standard”

Piper: The Indian Child Welfare Act: In the Best Interest of Children?

Piper: Response to Fletcher and Fort

Fletcher & Fort: Response to Piper

The New Yorker: “The Invention of Thanksgiving”

Massacres, myths, and the making of the great November holiday, by Philip Deloria.

 

D.C. Circuit Briefs in Law Firm’s Effort to Intervene in Yankton Sioux Tribe’s Trust Breach Claim against Interior

Here are the materials in Yankton Sioux Tribe v. Bernhardt:

herman-law’s-opening-brief.pdf

yankton-answer-brief.pdf

federal-answer-brief.pdf

Lower court materials here.

NPR: “Many Native Americans Can’t Get Clean Water, Report Finds”

Here.

Report here (chapter on Navajo).

Tenth Circuit Briefs in United States v. Abousleman

Here:

US Opening Brief

Pueblos Amicus Brief

New Mexico Brief

Jemez River Basin Water Users Coalition Brief

Association of Community Ditches of Rio San Jose Amicus Brief

El Rito Ditch Asociacion Amicus Brief

US Reply

Pueblo Intervenors Reply

Lower court materials here.

Federal Court Orders Tribal Exhaustion in Contract Dispute with Colville

Here are the materials in Clements v. Confederated Tribes of the Colville Reservation (E.D. Wash.):

1 Complaint

9 Motion to Dismiss

9-8 Colville Tribal Court Opinion

9-9 Colville COA Opinion

11 Response

12 Reply

17 DCT Order