2019 Spokane County Bar Indian Law Section Annual Conference Agenda

Here:

2019-01-29-scba-ils-cle-agenda.pdf

Letter to the Editor from an “Orca”

Actually by Tribal Attorney and Yakama member Jack Fiander but drawing parallels to the orcas’ experience. Here.

Ninth Circuit Rejects Tribe’s Effort to Avoid Possessory Interest Tax (again)

Here is the unpublished opinion in Agua Caliente Band of Cahuilla Indians v. Riverside County. An excerpt:

In Agua Caliente Band of Mission Indians v. County of Riverside, 442 F.2d 1184 (9th Cir. 1971), we held that this very tax is permissible. Plaintiff argues that our cursory preemption analysis there is clearly irreconcilable with White Mountain Apache Tribe v. Bracker, 448 U.S. 136 (1980), and therefore not controlling. See Miller v. Gammie, 335 F.3d 889, 893 (9th Cir. 2003) (en banc) (permitting a three-judge panel to depart from circuit precedent if, but only if, that precedent is clearly irreconcilable with a later Supreme Court or en banc decision). We disagree.

Materials are here.

NYTs: “‘The Nation Has Stood Up’: Indigenous Clans in Canada Battle Pipeline Project”

Here.

New Issue of International Human Rights journal

Here:

iur_254

Features articles about Canadian Indian labor issues and a paper by Kaighn Smith and Joel Williams: “Native Americans, Tribal Sovereignty and Unions.”

Fourth Circuit Briefs in Williams v. Big Picture Loans

Here:

appellant brief

williams appellee brief

center for responsible lending amicus brief

conference of tribal lending commissioners amicus brief

States Brief

ncai amicus brief

Redacted Reply Brief

Lower court materials here.

Federal Court Rejects Ute Tribe Effort to Disqualify Judge [Ute v. McKee]

Here are the materials so far in Ute Indian Tribe v. McKee (D. Utah):

2 complaint

29 motion to disqualify judge

31 opposition

32 reply

38 dct order denying motion

Update (5/6/19):

39-tribe-motion-for-default.pdf

40-mckee-opposition-to-39.pdf

43-motion-to-intervene.pdf

44-reply-in-support-of-39.pdf

45-tribe-opposition-to-43.pdf

46-mckee-opposition-to-43.pdf

52-dct-order-denying-motion-for-default.pdf

53-dct-order-denying-motion-to-intervene.pdf

Native Prisoners Win RLUIPA Trial in Texas

Here is the opinion in Goodman v. Davis (S.D. Tex.):

dkt-322-findings-of-fact-and-conclusions-of-law.pdf

Last chance to register for the Pathways to the Legal Professions Conference

The Pathways to the Legal Profession Conference aims to increase the number of competitive Native law school applicants nationwide. Recent scholarship by the American Bar Association and others establishes that Native Americans are disproportionately underrepresented in the legal profession. We encourage advisors, educators, and school administrators to attend this training to help identify, advise, and support the next generation of indigenous attorneys. Register today: https://www.ailc-inc.org/registration/plat 2018 new deadline_01