Montana Law Review Browning Symposium Issue

Here:

Transcript

Articles

Essay

Note

Poem

 

U of A: Master of Professional Studies in Indigenous Governance

Here:

Master of Professional Studies (MPS) in Indigenous Governance

Working professionals seeking training in indigenous governance leadership now have more educational opportunities, thanks to flexible new offerings from the University of Arizona James E. Rogers College of Law’s Indigenous Peoples Law and Policy Program and the University of Arizona Native Nations Institute.

Beginning in the spring 2020 semester, students can pursue a Master of Professional Studies (MPS) in indigenous governance through an expanded hybrid model that offers classes both in person and online and allows students to finish the degree in one year. The degree was previously only available in person.

 

https://law.arizona.edu/news/2019/06/new-flexible-master-of-professional-studies-in-indigenous-governance

Sad News: Frank LaMere Walks On

Here.

Few of yesterday’s articles about his life mention just how much work he did on behalf of Native children, including the March for Lost Children. In this interview, he speaks about making people uncomfortable–“Nothing changes until someone feels uncomfortable.”

If you worked on ICWA in any capacity, you knew Frank LaMere. Keep making people uncomfortable.

Profile of Pokagon Band Citizen Jordan Brewer Playing for Michigan in College World Series

Here is “Brewer Discusses Whirlwind of Success This Season, Support of His Tribe.”

Intercept Article on ICWA and the Brackeen Case

Here

“Babies don’t get born and run down to the citizenship office and file a petition,” said Matthew Fletcher, director of the Indigenous Law and Policy Center at Michigan State University. When his own child was born, he and his partner took a year to register him as a tribal member, in part because he was eligible for more than one tribal nation. “To say that somehow this kid hasn’t been enrolled yet and therefore doesn’t have a political relationship is really quite disingenuous.”

***

Reflecting on the rhetoric used by ICWA opponents like Sandefur, Nicole Adams, a spokesperson for Partnership for Native Children, pointed to the institutions that pushed for the use of boarding schools and adoption for decades before ICWA’s passage. “They were led by very well-intentioned Christian coalitions purporting that Indian children needed to be saved, and they were just the ones to do it. If you look at the rhetoric being put out by some of ICWA’s most staunch opponents, it is eerily and frighteningly similar.”

No State Sovereign Immunity in Patent Case [Relying on Saint Regis Mohawk Decision]

From the Federal Circuit Court of Appeals:

Opinion

And, contrary to UMN’s arguments, Saint Regis did not
base its reasoning on implied abrogation of tribal sovereign
immunity. Instead, Saint Regis concluded that IPR was an
agency reconsideration proceeding to which sovereign immunity does not apply in the first instance. 896 F.3d at 1329. This reasoning applies equally to states as it does to
tribes.

Article discussing the opinion here.

Free Trial Advocacy Skills Hosted by Bay Mills and MSU! This Week! For Trial Judges, Prosecutors and Defenders!

Now with 17.5 Minnesota CLE Credits!

free-trial-advocacy-skills-training-

Come to Michigan in June when it is beautiful! Open to judges, defense attorneys, and prosecutors, this three-day training will provide trial skills training though a “learning-by-doing” teaching method, which includes lectures and demonstrations from training staff, and provides each participant with hands-on experience and practice sessions. This training is tuition free, however, space is limited.

Join us June 19-21, 2019

Visit the website for more information and to register. Hotel block is here.

Find a PDF version of the flyer here.

SCOTUS Confirms Dual Sovereignty Exception to Double Jeopardy Clause [over powerful RBG dissent]

Here is the opinion in Gamble v. United States.

Prior posts on this case here.

Dispute Between Muscogee and Poarch Creek Regarding Poarch Creek’s Construction of its Casino on Sacred Grounds

Here are the initial materials in the litigation between Muscogee Creek and Poarch Creek alleging the latter Tribe’s construction of a casino on sacred grounds:

Motion for Leave to File Amended Complaint

Amended Complaint & Exhibits

National Indian Law Library Bulletin (6/13/2019)

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 6/13/19.

U.S. Supreme Court Bulletin 
http://www.narf.org/nill/bulletins/sct/2018-2019update.html
The following cases were recently denied review: 
King Mountain Tobacco Company, Inc. v. United States  (Treaties; Taxation) 
Mitchell, et al. v. Tulalip Tribes of Washington (Sovereign Immunity)
Teck Metals LTD v. The Confederated Tribes of the Colville Reservation (Hazardous Waste)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
Flandreau Santee Sioux Tribe v. United States Department of Agriculture  (Hemp Production)
Pauma Band of Luiseno Mission Indians of the Pauma and Yuima Reservation v. Unite Here International Union (National Labor Relations Board) 
Rincon Mushroom Corporation of America v. B.M., J.C., V.W., G.P., S.S., C.K., D.W., DOE CO., DOE I, DOE II  (Exhaustion of Tribal Court Remedies)

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

  • Resilience and Native girls: A critique.
  • Sovereign metaphors in Indian law. 
  • The restatement of the law for American Indians: The process and why it matters.
  • Tribal nations and Congress’s power to define offences against the law of nations.
  • From foundational law to limiting principles in federal Indian law. 
  • United States v. Gillette: A tiny prairie casenote opening a window on the enveloping fog obscuring the Indian Civil Rights Act of 1968. 
  • Native American religious accommodations, national parks, and the Cutter test.
  • Reversing course on environmental justice under the Trump administration. 

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
In the Health & Welfare section, we feature an article about a tribe taking on a management role for a troubled Indian Health Service hospital. 

Legislation Bulletin 
https://www.narf.org/nill/bulletins/legislation/116_uslegislation.html
The following bills were added: 
S.288: Justice for Native Survivors of Sexual Violence Act.
H.R.1373: Grand Canyon Centennial Protection Act.

Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2019.html
The Bureau of Indian Affairs, Bureau of Indian Education, has proposed a rule relating to standards, assessments, and accountability.