Turtle Talk

“Not Your Mascot” Rally Planned to Protest Washington Racist Football Team Name

October 24, 2019Andrew Adams III

This afternoon in Minneapolis at 4:00pm at The Commons near U.S. Bank Stadium in downtown Minneapolis:

Click Here for news coverage

National Indian Law Library Bulletin (10/23/2019)

October 24, 2019Matthew L.M. Fletcher

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/

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
Oneida Indian Nation v. Department of the Interior (Federal Recognition)

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

S.2616 – A bill to provide civil and criminal jurisdiction over Alaska Natives and non-Alaska Natives for certain Indian tribes in the State of Alaska.
H.R.4752 – To accept land into trust for the benefit of the Prairie Island Indian Community as compensation to the Tribe for Tribal lands that have been rendered dangerous by the use and storage of highly toxic nuclear materials, some of which also have been inundated by flood waters, to release the United States from related claims, 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

Overlooking canon: How the Alabama Supreme Court used a footnote to disregard tribal sovereign immunity in Wilkes v. PCI Gaming Authority.
Internet gaming on & off tribal lands.
Digging deeper to protect tribal property interests: United States v. Osage Wind, LLC.
“Perhaps Congress Would, Perhaps Congress Should”–Why Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians c. Patchak and Carcieri v. Salazar must be legislatively overridden to protect the IRA Trust Acquisition Authority.

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

RECAP: National Congress of American Indians opens annual convention #NCAIAnnual19
New judicial order gives northern Alaska tribes more say in criminal sentencing
The reality of Native American Studies
Alaska Federation of Natives declares climate emergency
Southwest tribes oppose storage plans for tons of spent nuclear fuel
Are Wisconsin schools willing to end Native American nicknames? Some don’t even want to talk about it.
Addressing food insecurity in northeast Oklahoma

QEW Case out of the Colorado Court of Appeals [ICWA]

October 23, 2019Kate Fort

Here.

The question is whether the parent should have had attorney representation during the interview with the qualified expert witness. This is a really interesting question, especially given that in this case the mother was assigned her own Guardian ad Litem. The Court ultimately held that she did not have the right to representation during the interview and upheld the termination of parental rights.

Unpublished Opinion from Washington Court of Appeals [ICWA]

October 22, 2019October 22, 2019ilpc

Here.

Another court finds that a temporary guardianship where the parent cannot have the child returned upon demand meets the definition of a foster care placement under ICWA. Unfortunately the court decided not to publish the decision.

The ICWA Appellate Project filed an amicus brief in this case with the Center of Indigenous Research and Justice on behalf of minor mom.

Paul Petersen Involved in at Least One ICWA Case

October 22, 2019ilpc

Here.

Indian Child Welfare Act experts agreed that the Bright Star contract potentially misled the adoptive parents by saying the law “does not apply” in their situation.

“That is just wrong,” said Professor Fort, who also serves as director of the Indian Law Clinic at Michigan State University and authored a case law book titled American Indian Children and the Law.

She pointed to a section in the Indian Child Welfare Act that states the law does apply in adoptions of Native children. And she invoked a federal regulation published in 2016, which states that the Indian Child Welfare Act applies in any “voluntary proceeding that could prohibit the parent or Indian custodian from regaining custody of the child upon demand.”

In other words, the Indian Child Welfare Act applies in voluntary adoption cases when a Native birth mother gives up her parental rights. It’s unclear from the September Bright Star contract whether the birth mother agreed to give up her parental rights after the birth of her child.

This is the gentleman who is also now indicted for trafficking Marshallese women and selling their babies.