Turtle Talk

1. Whether an assumed tribal custom can survive the extinguishment of aboriginal rights by Congress and undermine conveyances of land that were transferred in fee simple absolute?

2. Whether the legal presumption of an “easement by necessity” is protected against contradiction by the parol evidence rule, and whether the relaxation of the rule amounts to a taking of property under the Due Process Clause?

3. Whether the judicial elimination of a well-established common law right to private property, absolutely necessary for the enjoyment of property, constitutes a judicial taking under the Fifth and Fourteenth Amendments?

Lower court materials here.

National Indian Law Library Bulletin (9/29/2016)

October 3, 2016October 3, 2016Matthew L.M. Fletcher

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 9/29/16.

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2016-2017update.html
Petition for certiorari was granted in Lewis v. Clarke (Tribal Sovereign Immunity)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
We feature articles about the recent White House Tribal Leaders Conference as well as a settlement of mismanaged monetary assets and natural resources held in trust by the United States for the benefit of tribes.

U.S. Federal Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/2016dct.html
Littlefield v. U.S. Dept. of the Interior (Land into Trust)
Navajo Nation v. Urban Outfitters, Inc. (Trademarks)

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2016lr.html
These articles were added:
Reconciling patent law and traditional knowledge: Strategies for countries with traditional knowledge to successfully protect their knowledge from abuse.
Spreading justice to rural Montana: Expanding local legal services in underserved rural communities.
Let the jury fit the crime: Increasing Native American jury pool representation in Federal judicial districts with Indian Country criminal jurisdiction.
Sacred in the city: the Huron Indian Cemetery and the preservation laws.
Challenge-flag thrown: the trademark trial and appeal board’s cancellation of the Redskins’ trademarks and pro-football’s chances on appeal.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2016fr.html
We feature an adopted rule from the Environmental Protection Agency regarding treating tribes as states under provisions of the Clean Water Act.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/114_uslegislation.html
The following bill and resolution were added:
S.1579: Native American Tourism and Improving Visitor Experience Act (NATIVE Act).
S.Res.577: A resolution commemorating the 50th anniversary of the Alaska Federation of Natives.

Atlantic Monthly Mini-Doc on Forced Assimilation @ White Earth Nation

October 3, 2016October 3, 2016Matthew L.M. Fletcher

Here is “How the Legacy of Native Americans’ Forced Assimilation Lingers Today,” featuring the documentary “Little Dream Catchers.”

Sisseton-Wahpeton Oyate Effort to Stop Road (Mostly) Fails

October 3, 2016Matthew L.M. Fletcher

Here are the materials in Sisseton-Wahpeton Oyate of the Lake Traverse Reservation v. United States Corps of Engineers (D.S.D.):

An excerpt:

For the reasons explained above, the Court denies Plaintiffs’ request for an injunction against the Corps, remands to the Corps for reconsideration whether the 2009 gully crossings were the type of undertaking that could affect historic properties under 36 C.F.R. § 800.3(a) and to complete the Section 106 process if so necessary, and denies all other requests for relief requested by Plaintiffs. Judgement will enter accordingly.