Here:
6. Opening Brief of Plaintiffs-Appellants
11. Appellee Chief Judge Ray Dodge’s Answering Brief
13. Answering Brief of Kelly Defendants-Appellants
Case tag here.
Jessica Shoemaker on Reclaiming Modern Indigenous Land Tenures
Jessica Shoemaker has posted “Transforming Property: Reclaiming Modern Indigenous Land Tenures,” forthcoming in the California Law Review.
Here is the abstract:
This Article challenges existing narratives about the future of American Indian land tenure. The current highly-federalized system for reservation property is deeply problematic. In particular, the trust status of many reservation lands is expensive, bureaucratic, controlling, and linked to persistent poverty in many reservation communities. Yet, for complex reasons, trust property has proven largely immune from fundamental reform. Today, there seem to be two primary options floated for the future: a “do the best with what we have” approach that largely accepts core problems with trust, perhaps with some minor efficiency-oriented tinkering, for the sake of the benefits and security it does provide, or a return to old, already-failed reform strategies focused on simply “liberating” American Indian people with a forced transition to state-based fee-simple property. Both strategies respond, sometimes implicitly, to deep impulses about how property should work, especially in a market economy, but both also neglect sufficient respect for the true potential of more autonomous indigenous property regimes.
This Article engages property theory and related work on property system change to make the case for more radical institutional land reform as a realistic alternative choice, even in the complex and multi-layered environment of existing reservations. Property systems are full of dynamic, pluralistic potential, and property powerfully shapes the contours of both human communities and physical landscapes. This Article unearths this existing potential and charts a series of alternative steps, driven primarily by respect for tribal governments’ own actions and choices, to reclaim new, modern versions of indigenous land tenures within reservation spaces.
NAICJA Webinar Opportunity
NAICJA is offering a double header of webinars.
Incorporating Cultural Practices Into Your Tribal Court
December 11th at 1:30pm PT | 2:30pm MT | 3:30pm CT | 4:30pm ET (1.5 hours)
Building Tribal Court Capacity
December 19th at 10:30am PT | 11:30am MT | 12:30pm CT | 1:30pm ET (1.5 hours)
Empowering Arctic Indigenous Scholars and Making Connections
Call for Applications and Nominations
Empowering Arctic Indigenous Scholars and Making Connections
Arctic Research Consortium of the U.S.
Inuit Circumpolar Council Alaska
Nomination deadline: 28 December 2018, 5:00 p.m. Alaska Standard Time
Application deadline: 10 January 2019, 5:00 p.m. Alaska Standard Time
For more information, go to:
Empowering Arctic Indigenous Scholars homepage
For questions, contact:
Lisa Sheffield Guy
Email: lisa@arcus.org
Phone: 907-474-1600
Oral Argument Transcript in Case on Whether the Dual Sovereignty Exception to the Double Jeopardy Clause Should Continue
Worth a read. The federal government’s attorney’s representations about tribal criminal jurisdiction and tribal prerogatives are . . . interesting.
Here is the transcript in Gamble v. United States.
The docket page is here.
The NWIRC and NCAI brief is here: NIWRC Amicus Brief
Climate Mitigation and Adaptation
ABA’s Native American Resources Committee is sponsoring a webinar on tribal climate change plans. Find more information here.
AAIA Press Statement: Buyers Should Invest in Contemporary Artists instead of Native American Cultural Patrimony
The Association on American Indian Affairs together with Tribal Nations, Tribal organizations, and other institutions have released this press statement to educate the public, collectors and auction houses about how Native American sacred and cultural patrimony, as well as our ancestors remains and belongings are not “art” items for sale, but living parts of our continuing cultures. Rather, we encourage buyers to invest in contemporary Native American artists and their works.
https://www.indian-affairs.org/private-collections-and-sales.html
National Indian Law Library Bulletin (12/6/2018)
Here:
The National Indian Law Library added new content to the Indian Law Bulletins on 12/6/18.
Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2018.html
- Human rights and the Paris Agreement’s implementation guidelines: Opportunities to develop a rights-based approach.
- Tribal sovereign immunity and the need for congressional action.
- Indigenous rights to water & environmental protection.
- Killing the black snake: The Dakota Access Pipeline’s fate post-Sierra Club v. FERC.
- Social contract: The distributive significance of a Native nation’s patent agreement with Allergan.
- Patently absurd: Critiquing the USPTOS’s disparate treatment of tribal and state immunity in inter partes review.
Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2018.html
- White Mountain Apache Tribe v. United States (Fiduciary Duty: Trust Funds)
- Tenorio v. High Hawk (Indian Civil Rights Act; Banishment; Sentencing)
- Fort Sill Apache Tribe v. National Indian Gaming Commission (Gaming; Federal Recognition)
- Cheykaychi v. Geisen (Indian Civil Rights Act)
- Enrolled members of the Blackfeet Tribe v. Thedus Crowe (Tribal Water Rights – Compacts)
- In Re: Volkswagen “Clean Diesel” Marketing (Trust Funds – Allocation)
- BP America INC. v. Yerington Paiute Tribe (Exhaustion of Tribal Remedies)
- Pueblo of Jemez v. United States (Native American Oral Traditional Evidence; Hearsay)
State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2018.html
- In the Matter of Contested Case Hearing Re Conservation District Use Application (CDUA) for the Thirty Meter Telescope at the Mauna Kea Science Reserver, Ka’ohe Mauka, Hamakua, Hawai’i, TMK (Native Hawaiian Sacred Sites; Telescope)
- People in Interest of M.V. (Indian Child Welfare Act – Juvenile Court Jurisdiction)
- People in Interest of M.D. (Indian Child Welfare Act – Active Efforts; Indian Child Welfare Act – Placement)
- Hopi Tribe v. Arizona Snowbowl Resort Limited Partnership (Sacred Sites; Wastewater; Snowmaking)
Tribal Courts Bulletin
http://www.narf.org/nill/bulletins/tribal/2018.html
Gallaher v. Colville Confederated Tribes
News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
In the Health & Welfare section, we feature two articles on a case challenging the Indian Child Welfare Act.
Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2018.html
We feature a notice of proposed finding against federal acknowledgement of the Southern Sierra Miwuk Nation by the Bureau of Indian Affairs.
U.S. Legislation Bulletin
https://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
The following were added:
- H.Res.1159: Commemorating the 40th anniversary of the Indian Child Welfare Act of 1978.
- H.Res.1163: Recognizing National Native American Heritage Month and celebrating the heritages and cultures of Native Americans and the contributions of Native Americans to the United States.
SG Recommends Denial in Osage Wind and Ute Tribal Exhaustion Cases
Here is the government’s invitation brief in Harvey v. Ute Indian Tribe:
Here is the government’s brief in the Osage Wind matter:
Turtle Talk 
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