Court Clerk Vacancy with Grand Traverse Band

Link to job announcement (PDF) here.

Closing date is Wednesday, June 22, 2016.  Please submit complete application to one of the following:

Address:
GTB Human Resources Department
2605 N West Bay Shore Drive
Peshawbestown, MI 49682

Email:
krystina.alveshire@gtbindians.com

Fax:
(231) 534-7904

Commentaries on Bryant Decision

SCOTUSBlog and Bloomberg (Noah Feldman) and the Atlantic (Garrett Epps)

California Court of Appeals Affirms Contract Breach Judgment against Cabazon Band

Here is the opinion in Wells Fargo Bank NA v. Cabazon Band of Mission Indians.

An excerpt:

The indenture and note between the Bank and the Tribe were secured by a perfected security interest in the DAR, after being deposited into the Tribe’s custodial account with the Bank. The indenture agreement at issue here did not confer any authority, control, or responsibility to the bondholder or the Bank for the conduct of any gaming activity. It merely provided the Bank and the bondholder with a security interest in a specific bank account. It did not and could not control what was deposited into that custodial account. A contract creating a security interest in a custodial account does not convey authority or responsibility for the conduct of any gaming activity. Therefore, it does not violate the sole proprietary interest rule.

Only brief I’ve found: Wells Fargo’s Reply brief

Florida Appellate Court Affirms Tribal Corporation’s Immunity from Suit

Here is the opinion in MMG LLC v. Seminole Tribe of Florida Inc.

An excerpt:

MMMG, LLC and Mobile Mike Promotions, Inc. appeal the involuntary dismissal of their complaint against a federal tribal corporation affiliated with the Seminole Tribe. We affirm the dismissal because the tribal corporation enjoyed sovereign immunity from suit, which was not effectively waived according to the procedure required in the corporation’s charter and bylaws.

Given the long history of exploitation of Native Americans, Congress has enacted statutes designed to protect tribes and tribal corporations. These statutes have been construed by federal and Florida courts as placing the onus on the non-tribal party to ensure that any waiver of sovereign immunity be executed in strict compliance with applicable tribal operating documents; common law doctrines such as apparent authority do not override the protection provided by federal law.

Briefs in the case: MMMG’s initial brief, Seminole’s answer, and MMMG’s reply.

Hopi Tribe’s RFP to Design and Implement Family Wellness Court

Download request for proposals here.

Second Circuit Materials in Sun v. Mashantucket

Here are the briefs in Sun v. Mashantucket Pequot Gaming Enterprise:

Sun Opening Brief

Pequot Answer Brief

Robinson Answer Brief

Reply TK

Lower court materials here.

Comanche Nation Prevails in Contract Dispute with Gaming Developer

Here is the opinion in Comanche Nation v. CDST-Gaming I LLC (CIO Southern Plains Region):

CN-CDST Order MSJ

Chief Magistrate Judge for the Court of Indian Offenses ruled in favor of the Comanche Nation and against CDST-Gaming I, LLC on cross motions for summary judgment.  CDST had sought over $38 million in lost profits for gaming device placements in arbitration, in federal court and then in tribal court for litigation lasting more than a decade.

Fifth Circuit Decides Indian Prisoner Religious Freedom Case

Here is the opinion in Davis v. Davis.

An excerpt:

Prisoner Plaintiffs Teddy Norris Davis and Robbie Dow Goodman appeal the district court’s grant of summary judgment in favor of prison officials within the Texas Department of Criminal Justice (“TDCJ”). The district court granted summary judgment in Defendants’ favor on Plaintiffs’ First Amendment and 42 U.S.C. § 1983 claims challenging TDCJ policies on the wearing of medicine bags, the use of pipes during Native American religious pipe ceremonies, and grooming, based on the Religious Land Use and Institutionalized Persons Act (“RLUIPA”), 42 U.S.C. § 2000cc, et seq. We AFFIRM in part as to the First Amendment claim and RLUIPA claims concerning medicine bags and pipe ceremonies, and we VACATE and REMAND in part for further findings as to Plaintiffs’ grooming-policy RLUIPA claim.

National Indian Law Library Bulletin (6/13/2016)

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 6/13/16.

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2015-2016update.html
U.S. v. Bryant (Uncounseled Tribal-court Misdemeanor Convictions) was decided on 6/13/16. Petition for certiorari was denied in Seminole Tribe v. Stranburg (State Taxation on Reservation Lands) on 6/13/16 and in La Cuna De Aztlan Sacred Sites Protection Circle Advisory Committee v. DOI (Religious Freedom Restoration Act – Access to Land) on 6/6/16.

Courts of Appeals Bulletin
http://www.narf.org/nill/bulletins/cta/2016cta.html
Jamul Action Committee v. Chaudhuri (Indian Gaming Regulatory Act – NEPA Review)
Cayuga Nation v. Tanner (Indian Gaming – Local Anti-Gaming Ordinances)

U.S. Federal Trial Courts
http://www.narf.org/nill/bulletins/dct/2016dct.html
Caddo Nation of Oklahoma v. Wichita and Affiliated Tribes (Trust Lands; National Historic Preservation Act)
In the Matter of the Will of Phyllis J. Campbell (Wills and Trusts – Osa ge Headrights)
Seminole Tribe of Florida v. Florida (Indian Gaming Regulatory Act – Good Faith Negotiations)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2016state.html
White v. Schneiderman (State Taxation of Tribal Tobacco)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Sacred Places section, we feature an article about the U.S. Supreme Court’s decision not to hear a dispute over a solar plant on sacred tribal land.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/114_uslegislation.html
We added six new bills:
H.R.5295: Certainty for States a nd Tribes Act.
H.R.5379: Requirements, Expectations, and Standard Procedures for Executive Consultation with Tribes (RESPECT) Act.
H.R.5406: To amend the Indian Health Care Improvement Act to improve access to tribal health care by providing for systemic Indian Health Service workforce and funding allocation reforms, and for other purposes.
H.R.5412: To provide the right of American Indians born in Canada or the United States to pass the borders of the United States to any individual who is a member, or is eligible to be a member, of a Federally recognized Indian tribe in the United States or Canada, and for other purposes.
H.R.5437: To implement a mandatory random drug testing program for certain employees of the Indian Health Service, and for other purposes.
H.R.5452: To amend the Internal Revenue Code of 1986 to permit individuals eligible for Indian Health Service assistance to qualify for health savings accounts.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2016lr.html
These articles were added:
Proposals for resolving reservation residents’ bail catch-22: A case study of the St. Regis Mohawk Indian Reservation & the Town of Bombay, New York.
Tribal management under the MMPA: A way forward for local control.
Where there’s smoke, there’s fire: The state-tribal quandary of tribal marijuana.
Killing the policy to save the child: Comparing the historical removal of Indigenous children in Australia to the United States and how the countries can learn from each other.
Res extra commercium and the barriers faced when seeking the repatriation and return of potent cultural objects.
Case law on American Indians: August 2014-August 2015.
Guide for tribal appeals by pro se litigants and lay advocates.
Methods to measure compliance with the Indian Child Welfare Act.
The plight of New England tribes pursuing federal recognition.
NAGPRA and its limitations: Repatriation of Indigenous cultural heritage.
Untangling the web: Juvenile justice in Indian Country.
Avoiding extinction, preserving culture: Sustainable, sovereignty-centered tribal citizenship requirements.
Consultation or consent: The United States’ duty to confer with American Indian governments.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2016fr.html
We feature a notice of the Indian Health Service about tribal consultation and urban confer sessions on the state of the Great Plains area Indian Health Service.

Link to Official Federal Register for ICWA Final Rule

Here. The actual rule starts at 81 Fed. Reg. 38864.

Also, now word searchable and only 100 pages (well, with three columns on each page and a font size that makes me happy I finally got reading glasses).