Fort Peck Tribal Court Tribal Advocacy Skills Training

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Register for the Fort Peck Tribal Court Tribal Advocacy Skills Training here.

Michigan AG Opinion: Mackinac Straits Corridor Authority Law is Unconstitutional [Line 5 — Good news!]

Here.

Federal Court Issues Order in Council Bluffs v. DOI [Ponca Tribe]

Here are the materials in City of Council Bluffs v. United States Department of Interior (S.D. Iowa):

1 Complaint

13 Iowa Complaint

14 Nebraska Complaint

22-1 Council Bluffs MSJ

35-1 NIGC Cross MSJ

49 Ponca Amicus Brief

50 Council Bluffs Reply

53 NIGC Reply

55 DCT Order

I know it’s complicated. For the most part, the court’s decision favors Ponca and NIGC….

“Tribal Justice” Film Screening at SeattleU

TribalJustice_11x17Seattle University School of Law welcomes Judge Claudette White on April 4th who will share the work she has been doing to ensure justice by collaborating with local and neighboring jurisdictions and educating state counterparts to ensure tribal court recognition. The program will also highlight the incredible work tribal court judges do to provide access to rehabilitation services that incorporate culture and tradition.

 

Oklahoma American Indian Arts and Crafts Sales Act of 1974 Struck Down [definition of “Indian” more restrictive than federal law]

Here are the materials in Fontenot v. Hunter (W.D. Okla.):

1 Complaint

33 Ps Motion for Summary Judgment

35 Oklahoma Motion for Summary Judgment

39 Ps Response

41 State Response

42 State Reply

43 Ps Reply

47 DCT Order

An excerpt:

Although the Court rejects Plaintiff’s challenges under the Due Process and Equal Protection Clauses of the Fourteenth Amendment, as well as those under the dormant Commerce Clause and the First Amendment, the Court finds for the foregoing reasons that Plaintiff has shown that Oklahoma’s American Indian Arts and Crafts Sales Act of 1974, as amended, Okla. Stat. tit. 78, §§ 71-75, violates the United States Constitution’s Supremacy Clause and is therefore unconstitutional, both facially and as applied to her.

 

Grocery Store Prevails in Defense of Tort Suit Arising on Navajo Lands

Here are the materials in Morris v. Giant Four Corners Inc. (D.N.M.):

1 Notice of Removal

1-1 State Court Compleint

38 Giant Motion to Dismiss or Stay Pending Exhaustion

41 Response

44 Reply in Support of 38

64 DCT Order Denying 38

79 DCT Order on Negligent Entrustment

90 Giant Motion for Judgment on Pleadings

91 Giant Motion to Compel Election of Remedies or Dismiss

98 Response to 91

99 Response to 90

101 Reply in Support of 90

103 Reply in Support of 91

112 DCT Order

Havasupai Tribe v. Provencio Cert Petition [Grand Canyon Mine; NHPA Consultation]

Here:

cert-petition-1.pdf

Question presented:

Section 106 of the National Historic Preservation Act (“NHPA”), 54 U.S.C. § 306108, requires federal agencies to consult with Indian tribes and other interested parties to assess and mitigate the potential adverse impacts that a project requiring federal approval may have on sites of historic and cultural significance.

The question presented here is whether the NHPA imposes a continuing obligation upon federal agencies to engage in consultation under Section 106 when an agency maintains supervision of an ongoing project, and has the opportunity to require changes to mitigate adverse impacts after the initial approval.

Lower court materials here.

Morning Sun: “Tribal appeals panel hears three family enrollment cases”

Here.

CSM: “Native justice: How tribal values shape Judge Abby’s court”

Here.

Free Tribal Trial Advocacy Skills Training

Come to Michigan in June when it is beautiful!!

FREE Trial Advocacy Skills Training

Save the date: 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.