American Indian Probate Reform Act Training

The Elk River Law Office will be holding a training seminar on the American Indian Reform Act July 24-26, 2018. This training seminar has been approved by the Montana State Bar for 16.25 CLE Credits for attorneys and the reporting will be submitted by the firm.  Please do not hesitate to contact Stephanie Harris at the Elk River Law Office if you have any questions or concerns or need further information.

 

Please see here for the training brochure.

Gizmodo: “Facebook Says It’s Sorry for Removing a Part of the Declaration of Independence That Includes a Racial Slur.”

Here.

Turtle Talk readers probably know what that slur is. . . .

Atlantic: “Trump’s Nativism Is Transforming the Physical Landscape”

Here.

An excerpt:

Last December, Trump issued two orders that removed more than a million acres of federal land from Bears Ears National Monument and more than 800,000 acres from the Grand Staircase-Escalante National Monument, both in southern Utah. The immediate effect was to open much of the declassified land to mining for coal and uranium and drilling for oil and gas. This was also a dramatic assertion of presidential power, marking the first time national monuments have been shrunk in more than half a century. With suits underway before a federal judge in Washington, D.C.,  it will be the first time the president’s power to shrink or eliminate monuments has been tested in court. But it is also a first look at how Trumpian nationalism could shape the American landscape.

North Carolina COA Rejects Jurisdictional Challenge of Nonmember Indian (an Indian not a member of any Indian tribe)

Here are the materials in State v. Noble (N.C. Ct. App.):

appellant brief

appellee brief

reply

state v nobles

Cert Stage Materials in Makah Indian Tribe v. Quileute Indian Tribe & Quinault Indian Tribe

Here:

Cert Petition

united catcher boats amicus brief

Washington dept. fish & game amicus

cert opposition brief

makah reply in support of petitioner

Question presented:

The question presented is whether the Ninth Circuit—in conflict with the decisions of this Court and other courts—properly held the Treaty of Olympia confers this expansive “fishing” right.

Lower court materials in United States v. Washington subproceeding 09-01 here.

 

D.C. Circuit Rejects HCI Tax Recordkeeping Immunity Claim

Here is the opinion in Ho-Chunk, Inc. v. Sessions.

Briefs here.

Minnesota Supreme Court Rule Recognizing Tribal Court Orders

Over 15 years ago, the Minnesota Tribal Court/State Court Forum petitioned the Minnesota Supreme Court to adopt a robust rule for recognition of tribal court orders. Due in large part to public concern about the efficacy of tribal courts, the supreme court adopted a more cautious rule, one that provided limited guidance and delegated excessive discretion to district courts. The consequences were delays and inconsistencies in the recognition process.

In 2016, the Forum petitioned the supreme court to amend the rule, arguing that any concerns about today’s tribal courts are unfounded. It asked the Minnesota Supreme Court to enhance the rule and extend due deference and respect to tribal courts. The petition received overwhelming support from state court judges, local attorney associations, and the national Indian law community. In a 4-2 decision on July 2, 2018, the Minnesota Supreme Court granted the Forum’s petition with minor amendments.

Thank you to all of the state and tribal court judges of the Forum for their leadership and thanks also to Peter Rademacher (Hogen Adams PLLC) for his tireless work as scrivener of the Forum.

Administrative – Order – Other

Update in Williams & Cochrane LLP v. Quechan Tribe

Here are updated materials in Williams & Cochrane LLP v. Quechan Tribe of the Fort Yuma Reservation (S.D. Cal.):

39 First Amended Complaint

71-1 Motion to File Supplemental Complaint

91 Response to 71

93 Reply in Support of 71

94 Quechan Answer

95-1 Motion to Strike 94

97 DCT Order Denying 71

ADDITIONAL UPDATE (8/27/18):

98 Quechan Opposition to Motion to Strike

100 Second Amended Complaint

105-1 Motion to File Third Amended Complaint

105-2 Proposed Third Amended Complaint

109-1 Rosette Motion to Strike

110-1 Rosette Motion to Dismiss

115-1 Quechan Motion to Dismiss

120 Quechan Opposition to 105

121 Rosette Opposition to 105

124 Reply in Support of 105

135 DCT Order

Prior post here.

A New Film Examines Sexual Violence as a Feature of the Bakken Oil Boom

From The Intercept:

In the mid-2000s, the area surrounding the Fort Berthold Reservation in North Dakota began to undergo a massive transformation after corporations figured out they could access vast wells of oil from the Bakken shale formation using fracking technology. Politicians celebrated as high-paying jobs flooded the area, but women in the community saw a darker side to the boom.

In her film “Nuuca,” Michelle Latimer explores the traits of the Bakken oil boom through the eyes of a young woman who grew up on the reservation. Some of the boom’s features are obvious: the cylinder of the derrick creaking as it pumps in and out of the earth, tanks full of crude oil buzzing with electricity, pipes rusting in a field, gas flares, and huge semi-trucks speeding down country roads, one after another.

HERE.

Northern Michigan Healing to Wellness Court Training

On Monday, July 9, 2018,  the Tribal Law and Policy Institute, the Michigan Association of Treatment Court Professionals, and the Little Traverse Bay Bands of Odawa Indians Tribal Court are holding a free one-day Wellness Court and Treatment Court training. The training will be held at the Odawa Hotel in Petoskey, Michigan.

Please visit this website and/or the attached agenda for more information.