Turtle Talk

High Country News: “Why Justice Anthony Kennedy wasn’t good for Indian Country The retiring Supreme Court justice leaves a legacy of anti-tribal votes.”

July 6, 2018Matthew L.M. Fletcher

Here.

National Indian Law Library Bulletin (7/6/2018)

July 6, 2018Matthew L.M. Fletcher

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 7/6/18.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2018.html

The potential effects of Strugeon v. Frost on Alaska Native corporations.
Federal Indian Law — First Circuit Court of Appeals clarifies Penobsoct Nation’s reservation boundary — Penobscot Nation v. Mills, 861 F.3D 324 (1st Cir. 2017).
“Ask me no questions”: The struggle for disclosure of cultural and genetic resource utilization in design.
Presidential authority to revoke or reduce national monument designations.

Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2018.html
Ho-Chunk, Inc. v. Sessions (Contraband Cigarettes Trafficking Act; Tribal Corporations)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2018.html
State v. Nobles (Criminal Jurisdiction)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Land & Water section, we feature an article about a current land-trust case.

American Indian Probate Reform Act Training

July 6, 2018July 6, 2018Neoshia Roemer

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.”

July 5, 2018Matthew L.M. Fletcher

Here.

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

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

July 5, 2018Matthew L.M. Fletcher

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)

July 5, 2018Matthew L.M. Fletcher

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

appellant brief

appellee brief

state v nobles

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

July 5, 2018August 10, 2018Matthew L.M. Fletcher1 Comment

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

July 5, 2018Matthew L.M. Fletcher

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

Briefs here.

Minnesota Supreme Court Rule Recognizing Tribal Court Orders

July 3, 2018Andrew Adams III

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