ICWA Op-Ed in the WaPo and Editorial in the Austin American Statesman

Wapo: Native children benefit from knowing their heritage. Why attack a system that helps them?

Austin American Statesman: Paxton should stop playing politics with adoptive families

NYTs: “Overlooked No More: Elizabeth Peratrovich, Rights Advocate for Alaskan Natives”

Here.

National Indian Law Library Bulletin (3/20/2019)

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 3/20/19.

U.S. Supreme Court Bulletin 
http://www.narf.org/nill/bulletins/sct/2018-2019update.html
This case was decided on 3/19/19: 
Washington State Department of Licensing v. Cougar Den (State Fuel Taxation) 

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
Texas v. Alabama-Coushatta Tribe of Texas  (Indian Gaming)
Knighton v. Cedarville Rancheria of Northern Paiute Indians (Jurisdiction)
Frank’s Landing Indian Community v. National Indian Gaming Commission  (Gaming; Federal Recognition)
Cayuga Nation v. Bernhardt  (Official Tribal Government)
Pueblo of Jemez v. United States of America  (Aboriginal Title)

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
In the Economic Development section, we feature an article about a U.S. Supreme Court decision regarding state fuel taxation.

U.S. Legislation Bulletin 
https://www.narf.org/nill/bulletins/legislation/116_uslegislation.html
The following bills were added: 

  • S.804: A bill to amend the Marine Mammal Protection Act of 1972 to protect the cultural practices and livelihoods of producers of Alaska Native handicrafts and fossilized ivory products, and for other purposes. 
  • H.R.1688: To help provide relief to State education budgets during a recovery economy, to help fulfill the Federal mandate to provide higher educational opportunities for Native American Indians, and for other purposes. 
  • S.832: To nullify the Supplemental Treaty Between the United States of American the Confederated Tribes and Bands of Indians of Middle Oregon, concluded on November 15, 1865. 
  • S.790: A bill to clarify certain provisions of Public Law 103-116, the Catawba Indian Tribe of South Carolina Land Claims Settlement Act of 1993, and for other purposes. 
  • S.739: A bill to protect the voting rights of Native American and Alaska Native voters.

New Issue of American Indian Law Review

Here:

Current Issue: Volume 43, Number 1 (2018)

Articles

Comments

Notes

Special Feature

News Profiles of Former Indian Law Prof Running for Congress

Spent last summer in ABQ hearing about how far Gavin Clarkson has fallen. It’s really sad.

Here is “Congressional candidate says bankruptcy is irrelevant” from the Santa Fe New Mexican from May 2018.

Here is “New Mexico candidate’s role in loan questioned” from the Santa Fe New Mexican from October 2018.

None of this is new, I suppose. We posted about much of it before. Clarkson was involved in a loan deal involving the Lower Brule Sioux Tribe that led to an OIG investigation and a Human Rights Watch report, details here. Here is the WaPo report on Clarkson’s resignation from Interior caused by his interference with the Lower Brule loan guarantee debacle. Another report from Indianz.

Quick update: Gavin’s name came up on my news feeds because he is suing New Mexico State for race discrimination, contract breach, etc. Here are the materials in Clarkson v. New Mexico Board of Regents (D.N.M.), which is still pending:

1 Notice of Removal + Complaint

3 Answer

14 Motion to Dismiss

20 Response + “Counter Motion”

25 Reply

26 DCT Order

Muscogee (Creek) Nation Disbars Benjamin Zvenia

Here is the Creek Supreme Court order:

administrative-order-2019-01-in-re-benjamin-zvenia.pdf

Split SCOTUS Affirms Cougar Den (5-4, no majority opinion)

Here is the opinion.

Materials are here.

Reasonably Speaking Podcast — “American Indian Law: When Two Sovereigns Collide”

Here:

In this episode, renowned experts on American Indian law and policy, Matthew Fletcher and Wenona Singel, discuss the nuanced and highly complex field of American Indian Law. Matthew and Wenona begin by exploring the history of tribal sovereignty, and discuss the rights of American Indians as both tribal citizens and U.S. citizens.  We then explore jurisdiction across border lines, particularly in a criminal context. Matthew and Wenona discuss the history of violence against native women, and why, until recently, prosecution has been so difficult. The history of and current U.S. court challenges to the Indian Child Welfare Act are also examined.

New Mexico Indian Law Section Bar Scholarship

The 2019 Indian Law Section Bar Scholarship application is now available. Applications are due on March 31, 2019. Applications are available here.

Materials in Outliers Collective v. Santa Ysabel Tribal Development Corporation

Here are the materials in Outliers Collective v. Santa Ysabel Tribal Development Corporation (S.D. Cal.):

1 Complaint

11 Motion to Dismiss

16 Response

17 Reply

23 DCt Order