North Dakota Federal Court Rejects Tribal Court Jurisdiction over Enforcement of ROW Agreement on Allotment, Holding US Has Exclusive Authority

Here are the materials in WPX Energy Williston LLC v. Fettig (D.N.D.):

1 Complaint

1-8 MHA Nation Supreme Court Decision

8 Fettig Answer + Counterclaim

13 Motion to Dismiss Counterclaim

16 Response to 13

18 Motion for PI

22 Reply ISO 13

23 Tribal Response to 18

26 Reply ISO 18

30 DCT Order

Prior post here.

Yep, this is that cigarette case again.

Blast from the Past: News Coverage of Wandahsega/Hannahville Indian Community Pre-ICWA Indian Child Welfare Victory over Michigan Social Services

Here from Neshnawbe News, Nov./Dec. 1973:

Here is the decision.

Oklahoma ILS CLE: “From Ramsey to O’Brien: The Changing Landscape of Jurisdiction in Oklahoma”

Here:

 A ZOOM CLE Program, this Wednesday, December 18, 2024 from 9 am to noon, focusing on jurisdiction in Oklahoma’s Indian Country, focusing on cases spanning from U.S. v. Ramsey in 1926 to the recent Hooper & O’Brien Cases authorizing state jurisdiction over Indians in Indian country under novel and unprecedented theories

3 hours of Oklahoma Continuing Legal Education credit applied for, including 1 hour of ethics.

Presented by the Oklahoma Indian Bar Association (“OIBA”)

Email to OklahomaIndianBarAssociation@yahoo.com for more information. Contact Arvo Mikkanen via text at 405/420-9912 with any questions.

Online registration deadline is 12/18/24 at 9:00 am.

REGISTRANTS WILL RECEIVE A ZOOM LINK BY EMAIL ON THE DAY OF THE SEMINAR 12/18/24. DO NOT ASK FOR LINK BEFORE THAT TIME. LINK WILL BE SENT ONLY TO THE EMAIL ADDRESS YOU PROVIDE WHEN YOU REGISTER.

A DROPBOX WILL BE SET UP AND EMAILED TO YOU FOR YOU TO DOWNLOAD THE WRITTEN MATERIALS

Registration is $ 75.

Current paid 2024 & 2025 OIBA members with paid membership are entitled to $15 discount and can register for $60.

Elected Tribal Leader / Tribal Employee Registration is $ 30.

Student registrations are $20.

Attorneys: 3 Oklahoma Continuing Legal Education (“CLE”) Credits Applied for, including 1 hour of ethics. If you wish for credits for other states, that is your responsibility to submit to your own state bar for approval.

If you are not an Oklahoma bar member, please enter 00000 in the registration form.

AGENDA

9:00 am – 10:00 am – Arvo Mikkanen (Kiowa/Comanche), Attorney & Former Tribal Judge

OIBA President Mikkanen will discuss the recognition of Indian country post statehood in the Osage murder trials, the re-establishment of tribal and federal jurisdiction under the Littlechief and Ahboah cases, and the constructs for analysis provided in the Bracker and Castro-Huerta cases. Ethics for practicing attorneys in the Indian law field will also be discussed throughout.

10:00 am – 11:00 pm – Patti Palmer Ghezzi, Attorney & Trial/Appellate Consultant

Ms. Ghezzi will discuss the critical cases litigated and decided involving Oklahoma’s Indian country after Littlechief, leading up to the Murphy and McGirt cases which recognized the continuing boundaries of the Muscogee Nation Reservation.

11:00 am – 12:00 pm – Jeri Wisner (Muscogee), Attorney General – Muscogee Nation

AG Wisner will discuss the City of Tulsa’s attempts to undermine the McGirt decision which re-established Indian country in eastern Oklahoma within the boundaries of the Muscogee Nation reservation through the recent Hooper and O’Brien cases. The focus will be on assertions that the state has criminal jurisdiction over Indians within Indian country, under a variety of novel theories.

Bad River Ojibwe Petitions for Review of Wisconsin’s Approval of Re-Route of Line 5

Here is the petition in Bad River Band of Lake Superior Chippewa Indians v. Wisconsin Dept. of Natural Resources (Wis. Cir. Ct.):

Blast from the Past: Governmental Attacks on Akwesasne News

From The Nishnawbe News [Northern Michigan University], May 1972:

Blast from the Past: Victoria Barner’s Suit against Michigamua and U of M

From Nishnawbe News [NMU], Summer 1972:

Ninth Circuit Affirms Rule 19 Dismissal of Maverick Gaming Suit

Here is the opinion in Maverick Gaming LLC v. United States.

Briefs here.

California Federal Court Dismisses State Law Employment Claim against Tribal Casino

Here are the materials in Ratcliffe v. Yocha Dehe Wintun Nation (E.D. Cal.):

Kekek Stark on Tribal Constitutions and Tribal Customs

Kekek Jason Stark has published “Exercising the Right of Self-Rule: Tribal Constitutions and Tribal Customary Law” in the Mitchell Hamline Law Review. PDF

Here is an excerpt:

In the context of the development and implementation of Tribal constitutions, Tribal Nations must ask themselves whether the federal government was playing a trick on Tribal Nations by imposing the Indian Reorganization Act (IRA) and its corresponding constitutions and Anglo-American governing principles upon Indian country. Are these documents and corresponding governing principles actually “shit,” dressed up as “smart berries” under the guise of making Tribal Nations “wise” in the image of Anglo-American law? Ninety years after the enactment of the IRA, it is time Tribal Nations become wise and return to traditional constitutional principles based on Tribal customary law and unwritten, ancient Tribal constitutions.

As always with KJS, highly recommended.