Here are the new materials in Acres v. Blue Lake Rancheria (N.D. Cal.):
Prior posts here.
Northern Cheyenne Tribe Sues Interior for Rescinding Coal Moratorium
Download(PDF): Complaint for Declaratory and Injunctive Relief
Link: Press Release
Fed Bar Indian Law Conference starts next Thursday!
Register here.
Ninth Circuit Materials in Protecting Arizona’s Resources and Children v. Federal Highway Administration
Here are the briefs:
Gila River Indian Community Opening Brief
Tohono O’odham Nation Amicus Brief
Lower court order:
Ninth Circuit Materials in Atlantic Richfield Co. v. Laguna Construction Co.
ICT Coverage of U of A Tribal Disenrollment Conference, “Who Belongs?”
Here.
Ak-Chin Indian Community files suit against Central Arizona Water Conservation District (CAWCD)
Here is the complaint in Ak-Chin Indian Community v. Central Arizona Water Conservation District (D. Ariz.):
Webinar: Protecting Victims and Communities from Firearms in Domestic Violence Cases
Protecting Victims and Communities from Firearms in Domestic Violence Cases: Collaborative Strategies
April 26, 2017 – 11:00am PT, 12:00pm MT, 1:00pm CT, 2:00pm ET
Is your community doing all it can to prevent firearms-related violence perpetrated by abusers in DV cases? Are you encountering challenges to implementing existing state, tribal, & federal firearms restrictions? Learn about strategies for effective implementation at all stages of civil & criminal DV cases, as well as a new national project, the Firearms Pilot Site Initiative, through which the NCJFCJ & other national experts will provide communities with in-depth TA, training, & other support.
Link to register for webinar: here
*A similar webinar with information specific for tribal communities will be held May 22, but people from all communities are encouraged to attend whichever one is most convenient.
Closed captioning will be provided. The webinar will be 60 minutes long and will be recorded and made available to individuals who cannot participate in the live webinar. If you have further questions regarding this event, please contact Alicia Lord at alord@ncjfcj.org.
Published Notice Case out of the Colorado Court of Appeals
The Court uses the federal regulations and guidelines to determine each participant’s role in inquiry and notice, and remands for proper notice.
Unfortunately, the Court then goes on to hold that the higher standard of proof for a foster care placement under ICWA does not need to be made at adjudication (interestingly, Colorado is one of the few states that still has jury trials for child welfare proceedings). While the Court is correct that ICWA is “silent” on adjudicatory hearings, it does not make clear when the lower court should make the higher burden of proof finding. This is one of the issues in applying the federal law to individual state proceedings–adjudication with a jury makes the most sense for applying all of the protections of ICWA. Adjudication is where the judge (or jury) decides whether the state has the evidence that “warrants intrusive protective or corrective state intervention into the familial relationship” Id. at 22. While it might not be the point where the child is put into foster care, it is often AFTER the child has been placed in foster care. So if the higher standard for foster care placement isn’t applied at the emergency/24/48/shelter care hearing, and it’s not applied at the adjudicatory hearing, when, exactly, is it applied?
National Indian Law Library Bulletin (3/24/2017)
Here:
| The National Indian Law Library added new content to the Indian Law Bulletins on 3/24/17.
U.S. Supreme Court Bulletin U.S. Federal Courts Bulletin State Courts Bulletin News Bulletin Law Review & Bar Journal Bulletin U.S. Legislation Bulletin |
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