Some Details on Rep. Bishop’s Bill to Codify & Alter the Federal Recognition Process

HR 3744 is here: CBO publication here and Bill here. It could replace the current procedures for federal recognition (for reference, here), but does not allow previously denied “Indian groups” from re-petitioning for federal recognition under the new act (if this bill passes), nor does it have an avenue to challenge a denial/negative finding.

New Empirical Research on Federal Court Sentencing of Indian Country Defendants

Jeffery T. Ulmer & Mindy S. Bradley have published Punishment in Indian
Country: Ironies of Federal Punishment of Native Americans in Justice Quarterly:

Ulmer Bradley (2018) – Punishment in Indian Country

Here is the abstract:

Native Americans are US citizens, but they are also tribal nationals subject to complex and unique criminal jurisdiction arrangements over Indian lands. Tribal nations typically have tribal court jurisdiction over less serious crimes, but for serious crimes the federal justice system often supersedes tribal authority, exposing Native Americans to more severe punishments. In addition, recent federal programs have attempted to foster greater tribal/federal criminal justice coupling. Yet, examinations of criminal punishment of Native Americans are few, and most are outdated and/or of very limited generalizability. We examine the punishment of Native American defendants in federal court, focusing on 28 federal districts with substantial Indian presence. Using recent US Sentencing Commission data, as well as contextual data from the Bureau of Indian Affairs and tribal courts, we focus on differences in the federal sentencing of Native American defendants, and how these differences are conditioned by indicators of tribal-federal criminal justice coupling.

Federal Court Orders Willie Grayeyes Back on Ballot in San Juan County

News coverage here, here, and here.

Here are most of the materials in Grayeyes v. Cox (D. Utah):

13 motion for preliminary injunction

57 San Juan county opposition to 13

65 motion to dismiss

68 reply in support of 13

92 dct order denying motion to dismiss

The order to restore Mr. Grayeyes to the ballot has not yet been filed on PACER.

Domestic Violence Homicide Prevention Firearms Technical Assistance Project Call for Proposals

The National Council of Juvenile and Family Court Judges (NCJFCJ), in collaboration with the U.S. Department of Justice Office on Violence Against Women (OVW), invites proposals from communities to participate in the Domestic Violence Homicide Prevention Firearms Technical Assistance Project (FTAP). The overall objective of the FTAP is to help communities identify challenges limiting a more robust implementation of domestic violence firearms laws in their jurisdictions and assist them in establishing a localized response that is best suited to their communities’ unique needs and characteristics. NCJFCJ seeks proposals from communities reflective of the geographic diversity across the country, including rural, urban, suburban, and tribal settings, as well as sites with differing governing laws.
Please the announcement here.

Federal Court Declines to Enjoin State Prosecution of Shinnecock Fishers

Here are the materials in Silva v. Farrish (E.D. N.Y.):

3 Motion for PI

44 Opposition

48 DCT Order

Briefs here.

Second Circuit Briefs in State of New York v. King Mountain Tobacco Inc.

Here:

King Mountain Opening Brief

NCAI Amicus Brief

New York Brief

US Amicus Biref

King Mountain Reply

Prior posts here.

Seventh Circuit Briefs in Stockbridge-Munsee Community v. State of Wisconsin & Ho-Chunk Nation

Here:

SMC Opening Brief

Wisconsin Answer Brief

Ho-Chunk Nation Answer Brief

Reply Brief

Lower court materials here. Other materials here.

Federal Court Allows CFPB Suit to Proceed against Think Finance

Here are the materials in Consumer Financial Protection Bureau v. Think Finance (D. Mont.):

51 Motion to Dismiss

59 Response

61 Reply

65 NFOA & Oklahoma Amicus Brief

78 DCT Order

Ninth Circuit Dismisses Carter v. Tahsuda [formerly A.D. v. Washburn] as Moot

Here is the order:

Doc 75-1 – Memorandum Op

Materials are here.