An excerpt:
Appellants Ramona Two Shields and Mary Louise Defender Wilson brought this action against the United States, seeking redress for themselves and other Native Americans in connection with the government’s alleged mismanagement of oil-and-gas leases on Indian allotment land. The United States Court of Federal Claims found in favor of the government, granting summary judgment on Count I and dismissing Counts II and III. J.A. 1–30. We affirm.
Briefs and other materials here.
Here is the order in Galanda v. Bernard:
Galanda v. Bernard Order Granting Petition for Writ of Mandamus
An excerpt:
Thus, we hereby order (1) that the Court Clerk of the Nooksack Tribal Court shall either accept and file Petitioners complaints and related motions or file an answer to the Petition for Writ of Mandamus with this Court on or before May 16th, 2016, and (2) that the NICS administrator serve a copy of the petition together with this order by mail on the Court Clerk.
The motion for the writ of mandamus is here.
The court clerk’s refusal to accept the complaint is here.
The complaint is here.
Download seminar details and registration here.
Link to USAJobs announcement SOL-2016-0031 here.
Provides legal counsel and services primarily related to cultural and natural resource management including NAGPRA.
Link to USAJobs announcement SOL-2016-0037 here.
Provides legal counsel and services focused primarily on the Commercial Services Program.
Here.
Question presented:
The “disparagement clause” in § 2(a) of the Lanham Act bars the registration of a trademark that “may disparage … persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute.” 15 U.S.C. § 1052(a). The questions presented are:
1. Whether § 2(a)’s disparagement clause violates the First Amendment.
2. Whether § 2(a)’s disparagement clause is impermissibly vague, in violation of the First and Fifth Amendments.
3. Whether the government’s decades-long delay between registering a trademark and cancelling the registration under § 2(a)’s disparagement clause violates due process.
The Fourth Circuit matter is still pending. This is an effort to jump ahead of the process to join another petition currently pending captioned Lee v. Tam. We posted about that Federal Circuit decision here.
Download job announcement here.
Download notice from the Federal Register here.
The Federal Highway Administration is announcing its intent to establish a negotiated rulemaking committee to develop a proposed rule to carry the Tribal Transportation Self-Governance Program (TTSGP) as required by Section 1121 of the Fixing America’s Surface Transportation (FAST) Act. The FHWA will select the tribal representatives for the committee from among elected officials of tribal governments (or their designated employees with authority to act on their behalf), acting in their official capacities and whose tribes have existing Title 23 U.S.C. funding agreements with the Department. To the maximum extent possible, FHWA will consider geographical location, size, and existing transportation and selfgovernance experience, in selecting tribal committee representatives. Per the FAST Act, the committee will assist in the development of a Notice of Proposed Rulemaking that contains the proposed regulations needed to implement the TTSGP.
Download materials in the matter of Klickitat County v. U.S. Department of Interior (E.D. Wash.):
Doc. 1 Complaint for Declaratory and Injunctive Relief
Link to previous coverage here.
Download decision here.
By using State v. Buchanon, 978 P.2d 1070 (Wash. 1999), the Oregon courts held that treaty hunting can only happen on traditional hunting grounds. The bighorn sheep were taken on land south of the Powder River, which state witnesses testified was the Nez Perce Tribe’s southern border due to historical conflicts with the Northern Paiutes.
Defendant was charged in November 2008 after bringing the sheep to the Oregon Department of Fish and Wildlife for tagging so they could be stuffed.
The case is State v. James Bronson, Jr., 586 P.3d 154 (Ore. Ct. of App. 2016).
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