New Mexico COA Allows Isleta Casino Worker’s Comp Claim to Proceed over Tribal Immunity Defense

Here is the opinion in Mendoza v. Isleta Resort & Casino & Hudson Ins. (N.M. Ct. App.):

CA35,520

North Dakota SCT Rejects State Criminal Jurisdiction over Nonmember Indians

Here are the materials in Olson v. North Dakota Dept. of Transportation:

Appellant Brief

Appellee Brief

Opinion

Reply

Rob Williams Named U of A Regents Professor

Congrats Rob!! Here is “UA Law professor named Regents Professor.”

 

California ICWA Attorneys Pro Hac Waiver Proposal

And the biggest ICWA state joins the movement! Comments on this are due June 8, 2018.

Here is the proposal to change the rules to waive associating with local counsel and remove the limit on the number of times appearing (fees are intact, but are being addressed in another forum–post on how to show support for that forthcoming).

Deadline for Comments: June 8, 2018 5:00 PM (Pacific)
Submit Comment Online or, email: invitations@jud.ca.gov

Here is our current ICWA attorney pro hac page. Contact me if you would like any draft model comments.

 

Minnesota COA Allows Leech Lake Ojibwe Citizen’s Fireworks Shop to Remain Open

Here is the unpublished opinion in Irv’s Boomin’ Fireworks v. Muhar:

opa171416-040918

New Scholarship on Tribal-State Cannabis Compacting

Matthew Ramirez has published “New Mexico Tribal Cannabis: Policy, Politics, &
Guidance for Government-to-Government Cooperation in State-Tribal Cannabis Compacting” in the Natural Resources Journal. Here is the abstract:

The purpose of this article is three-fold. First, it aims to provide a systematic review of international, United States, state, and federal Indian law and policy surrounding cannabis cultivation, possession, and use in Indian Country. Second, it argues that the 2017 New Mexico tribal medical cannabis bills (SB 345 & HB 348), which were introduced in the first regular session of the New Mexico State Legislature and would have permitted the state to enter into intergovernmental agreements (or compacts) with tribes who choose to implement the state’s medical cannabis program on tribal lands, contained legal vulnerabilities likely to hinder their effectiveness if passed into law. Third, and as a result of this legal and political environment, this article serves as a tribal cannabis policy resource for New Mexico legislators and as a proposal of model legislation and compact terms for the drafting of effective tribal medical cannabis legislation and state-tribal cannabis compacts. Part I provides a historical and legal overview of international and United States federal controlled substances law and policy. Part II explores the issues arising in federal Indian cannabis law and regulation, including: state criminal jurisdiction over non-Public Law 280 tribal lands, state taxation in Indian Country, tribal sovereign immunity, and state-tribal dispute resolution. Part III covers New Mexico cannabis law, including a discussion of the state medical cannabis regulatory apparatus and policy analysis of the 2017 New Mexico tribal medical cannabis bills. Part IV closely analyzes the pros and cons of the 2017 New Mexico tribal medical cannabis bills and provides recommendations for future effective tribal medical cannabis legislation and compact drafting. Finally, Part V puts forward a model tribal medical cannabis bill and state-tribal cannabis compact terms reflecting the legal conclusions drawn herein, which may serve as constructive guidance in a future legislative session or compact negotiations between New Mexico and the Indian nations, tribes, and pueblos within the state.

PDF

Federal Court Rejects Race Discrimination Claim of Former U of O Prof Accused of Sexual Harassment/Assault

Here is the opinion in Pavel v. University of Oregon (D. Or.):

p 180315 opinion and order re. msj granted

Royal v. Murphy Brief in Opposition

Here:

Murphy BIO FINAL

Cert petition is here.

Little Traverse Moves for Summary Judgment in Reservation Boundaries Case

Here are the materials in Little Traverse Bay Bands of Odawa Indians v. Snyder (W.D. Mich.):

Docket 311 – Tribe’s Motion for Partial SJ re 1994 Reaffirmation of Rights

Docket 312 – Tribe’s Memo iso Motion for Partial SJ re 1994 Reaffirmation of Rights

Docket 312-1 – Ex Index – Tribe’s Memo iso Motion for Partial SJ re 1994 Reaffirmation of Rights

Docket 312-2 – Ex. A – Tribe’s Memo iso Motion for Partial SJ re 1994 Reaffirmation of Rights

Docket 312-3 – Ex. B – Tribe’s Memo iso Motion for Partial SJ re 1994 Reaffirmation of Rights

Docket 312-4 – Ex. C – Tribe’s Memo iso Motion for Partial SJ re 1994 Reaffirmation of Rights

Docket 312-5 – Ex. D – Tribe’s Memo iso Motion for Partial SJ re 1994 Reaffirmation of Rights

Docket 312-6 – Ex. E – Tribe’s Memo iso Motion for Partial SJ re 1994 Reaffirmation of Rights

Docket 312-7 – Ex. F – Tribe’s Memo iso Motion for Partial SJ re 1994 Reaffirmation of Rights

Prior posts here.

UPDATE (5/11/2018):

332 Cities and Counties Brief

333 Associations Brief

335 Snyder Brief

352 LTBB Reply

429 cities motion to dismiss

513 ltbb response

530 cities reply

543 LTBB supplemental brief

552 dct order

 

National Indian Law Library Bulletin (4/5/2018)

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 4/5/18.

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2017-2018update.html
Petition was filed in Fort Peck Housing Authority, et al., v. Department of Housing and Urban Development, et al. (Jurisdiction; Grant in Aid Funds) on 3/22/18.

Read the latest Tribal Supreme Court Project update published on 4/2/18.

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

  • Contract waivers for tribal sovereign immunity: What every Idaho attorney needs to know.
  • Matal v. Tam – A victory for The Slants, a touchdown for the Redskins, but an ambiguous journey for the First Amendment and Trademark Law.
  • The transfer of public lands movement: The battle to take ‘back’ lands that were never theirs.
  • Patchak v. Zinke, separation of powers, and the pitfalls of form over substance.
  • Consultation with American Indian tribes: Resolving ambiguity and inconsistency in government-to-government relations.
  • Competing sovereignty and laws’ domains.
  • Modernizing the tribal consultation process for wireless infrastructure siting.
  • Will the Stop Act stop anything? The Safeguard Tribal Objects of Patrimony Act and recovering Native American artifacts from abroad.
  • Recission of a previously designated National Monument: A bad idea whose time has not come.
  • Tribal water law: Cutting edge insights from practitioners in Indian Country.
  • Western States Water Conference and Native American Rights Fund 15th Biennial Symposium on the Settlement of Indian Reserved Water Rights Claims.

Tribal Courts Bulletin
http://www.narf.org/nill/bulletins/tribal/2018.html
Mashantucket Pequot Tribal Nation v. Guertin (Employment Termination)
Johns v. Travelers (Employment – Worker’s Compensation )
Southern Ute Tribe v. Henry (Self-Incrimination; Right to Counsel)
Grandma Gebhard Co. v. Mashantucket Pequot Gaming Enterprise (Breach of Contract)
Sebastian v. Mashantucket Pequot Gaming Enterprise (Personal Injury)
Quileute Nation v. Jamie (Legislative Immunity)

Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2018.html
Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers (Oil and Gas Pipelines – Tribal Consultation )
Nguyen v. Gustafson (Divorce and Custody)
Kodiak Oil & Gas (USA) Inc. v. Burr (Jurisdiction)
Gibbs v. Rees (Tribal Sovereign Immunity)
Nipmuc Nation v. Zinke (Federal Recognition)
Burt Lake Band of Ottawa and Chippewa Indians v. Zinke (Federal Recognition)
United States v. 99,337 Pieces of Counterfeit Native American Jewelry (Indian Arts and Crafts Act; Counterfeit Jewlery)
Texas v. Ysleta Del Sur Pueblo (Gaming – Authorization)
Battle Mountain Band of Te-Moak Tribe of Western Shoshone Indians v. United States Bureau of Land Management (Mining; Traditional Cultural Property)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2018.html
In Matter of L.D. (Indian Child Welfare Act – Application of)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Recognition & Enrollment section, we feature an article about recent court decisions regarding tribal recognition.

Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2018.html
We feature several notices from the Department of the Interior relating to Hearth Act approvals for tribes.

U.S. Legislation Bulletin 
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
The following bills and resolutions were added:
S.2599: Leech Lake Band of Ojibwe Reservation Restoration Act.
S.2628: Mashpee Wampanoag Tribe Reservation Reaffirmation Act.
S.Res.444: A resolution recognizing the heritage, culture, and contributions of American Indian, Alaska Native, and Native Hawaiian women in the United States.