National Indian Law Library Bulletin (12/18/2019)

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

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

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

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

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.

Little Shell Chippewa Tribe Nears Federal Recognition

Here is news coverage.

2020 Pipeline to Law Initiative Announced!

Pipeline To Law Workshop 2020 flyer
Here is the flyer for the 2020 Pipeline to Law Initiative for Native American Students. Please share broadly with any prospective law school applicants! 

Alex Skibine on Legislating Tribal Civil Jurisdiction over Nonmembers [now published]

Alex Tallchief Skibine has published “Incorporation Without Assimilation: Legislating Tribal Civil Jurisdiction over Nonmembers” in the UCLA Law Review Discourse.

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.

Split Minnesota COA Rejects Treaty Rights Defense in Prosecution for Fishing on Gull Lake by Fond du Lac Member

Here is the unpublished opinion in State v. Northrup:

state-v-northrup.pdf

Split Minnesota COA Panel Affirms Authority of Tribal Police Office Outside Reservation Boundaries Acting under Cross-Dep Agreement

Here is the opinion in State v. Bellcourt:

Bellcourt Opinion

IPR: “Emails show Enbridge private security keeping tabs on activists in the Straits of Mackinac”

Here.

“The fact that myself and other elected leaders of tribes have taken a stance against the pipeline doesn’t mean that our law enforcement agencies don’t have an interest in understanding what’s going on at the Straits with the pipeline,” says Bryan Newland, Chairman of the Bay Mills Indian Community. “It would be just like Enbridge reaching out to the Michigan State Police despite the fact that our attorney general and governor are opposed to the pipeline in the straits.”

Kyle Whyte is a professor at Michigan State University and a citizen of the Citizen Potawatomi Nation who has written about Standing Rock. He says there’s a trend of companies trying to control public advocacy behind the scenes.

“Instead of companies proposing risky projects being subject to oversight, it’s citizens concerned about preventing risks who are subject to oversight from those seeking to impose the risks,” he says. “There is a problem of mutual accountability here.”