D.C. Circuit Rejects Challenge to Keepseagle Settlement

Matthew L.M. Fletcher

Here is the opinion in Keepseagle v. Vilsack.

An excerpt:

Appellant Timothy LaBatte, a class member in a class action against the United States Department of Agriculture (“USDA”), seeks to intervene in that class action – despite the fact that the action was settled and closed – after his claim for compensation under the terms of the action’s settlement agreement was denied. We affirm the District Court’s determination that it lacked ancillary jurisdiction to hear Labatte’s challenge. We do so because LaBatte’s motion to intervene is unrelated to the underlying lawsuit and because the District Court was not required to hear LaBatte’s motion in order to effectuate its decrees.

Robert Miller on Tribal Constitutions and Their Influence on the American Constitution

Matthew L.M. Fletcher

Robert Miller has posted “American Indian Constitutions and Their Influence on the United States Constitution” on SSRN. 

Here is the abstract:

This paper analyzes modern-day American Indian constitutionalism. It describes the development of written constitutions by Indian nations and primarily focuses on constitutions developed since 1934 under the auspices of the federal Indian Reorganization Act. This paper also briefly examines the evidence that American Indian political philosophies, and traditional tribal governmental structures and ideas, influenced many of the Founding Fathers and the drafting of the United States Constitution.

Pascua Yaqui Review of the Impact of Sentencing Guidelines on Tribal Communities

Sarah M Donnelly

Download comments here.

The United States Sentencing Commission’s Tribal Issues Advisory Group visited the Reservation last week.  The issue they were investigating was whether there was disparity between a tribal member sentenced in federal court, when compared to a similarly situated defendant in state court. The information and data collected over the past year showed no disparity for the Tribe.

Native American Scholarship Available for Elk River Writers Workshop

Ann Tweedy1 Comment

Chickasaw poet Linda Hogan is among the faculty.  Deadline is May 1.  More information is available here.

Rep. Pearce (R-NM) Introduces PROTECT to Congress

Sarah M Donnelly1 Comment

Link to concurrent resolution here.

The summary of the resolution upon introduction:

By Mr. PEARCE (for himself, Mr. COLE, and Ms. MCCOLLUM):

Con. Res. 122. Concurrent resolution supporting efforts to stop the theft, illegal possession or sale, transfer, and export of tribal cultural items of American Indians, Alaska Natives, and Native Hawaiians in the United States and internationally; to the Committee on the Judiciary, and in addition to the Committees on Foreign Affairs, and Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

The press release from Pearce’s office: https://pearce.house.gov/press-release/pearce-introduces-resolution-protect-tribal-artifacts.

The press release from the Association on American Indian Affairs, which puts this issue in its international human rights context: https://internationalrepatriation.wordpress.com/2016/03/02/breaking-pearce-introduces-protect-patrimony-resolution/.

Al Jazeera Show on Disenrollments

Matthew L.M. Fletcher

Here is “Without a tribe: Fighting to stay Native American — The contentious practice of disenrollment in some tribes sparks a discussion about Indigenous identity.”

Minn. American Indian Bar Assoc.’s 2016 Indian Law Conference

Sarah M Donnelly1 Comment

Download the agenda and registration form here.

The MAIBA CLE Committee announces the 2016 Indian Law Conference will be held on Friday May 6th at the Mystic Lake Casino Hotel.  An excellent program has been scheduled with several national speakers and cutting edge topics.  Please note that Professor Sarah Deer will be honored at the reception Friday afternoon.

Their co-sponsor, Minnesota CLE, is again handling registration.  Please find the attached brochure, which includes the agenda.  You can view the same material and register by using the following link:

http://www.minncle.org/E-PromosHTML/indian2016.htm

National Indian Law Library Indian Law Bulletin 3/3/2016

Matthew L.M. Fletcher

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 3/03/16.

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2015-2016update.html
Petition for certiorari was filed in Seminole Tribe v. Stranburg (Taxation) on 2/19/16.

U.S. Courts of Appeals Bulletin
http://www.narf.org/nill/bulletins/cta/2016cta.html
Alaska Oil and Gas Ass’n v. Jewell (Endangered Species Act – Polar Bears)
Longo v. Seminole Indian Casino-Immokalee (Tribal Sovereign Immunity; Civil Rights)

U.S. Federal Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/2016dct.html
Doe v. Piper (Minnesota Indian Family Preservation Act – Notice)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2016state.html
In re G.V. (Indian Child Welfare Act – Application of)

News Bulletin
http://www.nar f.org/nill/bulletins/news/currentnews.html
In the Culture & Tradition section, we feature a story on an historical agreement that gives a tribe control over foster cases.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/114_uslegislation.html
One bill became law:
H.R.487 became Public Law 114-127. To allow the Miami Tribe of Oklahoma to lease or transfer certain lands.
Four bills were added:
S.2580: RAISE Act of 2016.
S.1436: Nevada Native Nations Land Act.
S.2242: Save Oak Flat Act.
H.R.4629: Muscogee Nation of Florida Federal Recognition Act.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2016fr.html
We feature a notice of the Bureau of Indian Affairs relating to a r evised list of designated tribal agents for service of notice under the Indian Child Welfare Act.

Federal Court Denies Reconsideration in N.M. Condemnation Action against Navajo; Certifies for Interlocutory Appeal

Matthew L.M. Fletcher

Here are the new materials in Public Service Co. of New Mexico v. Approximately 15.49 Acres of Land in McKinley County (D. N.M.):

107 Motion for Reconsideration

111 Navajo Response

114 US Response

117 Reply

27 DCT Order Denying Motion for Reconsideration

Prior post here.

The Honorable Allie Greenleaf Maldonado and Prof. Angela Riley Honored in International Women’s Day Portrait Exhibit at Harvard Law School

Sarah M Donnelly1 Comment

Cambridge, Mass, March 3, 2016 – The Honorable Allie Greenleaf Maldonado and Prof. Angela Riley are among 25 inspiring women who will be honored during Harvard Law School’s third Annual International Women’s Day Celebration, organized by the Harvard Women’s Law Association (WLA) and Harvard Law and International Development Society (LIDS). Judge Maldonado is the Chief Judge of the Little Traverse Bay Bands of Odawa Indians (LTBB). Judge Maldonado is a Co-Chair of the first Tribal State Federal Judicial Forum, and a nationally recognized expert on the Indian Child Welfare Act (ICWA) and the Michigan Indian Family Preservation Act (MIFPA).

Honorees were selected from nominations submitted by Harvard Law School students, faculty and staff.

As part of the celebrations, Judge Maldonado will be featured in a portrait exhibit, which will be displayed in the halls of the law school from February 29th- March 11th.

In addition to the portrait exhibit, the WLA and LIDS will be hosting a lunch event recognizing the honorees.  The event will take place at the law school on Tuesday, March 8th from 12:00-2:00pm.

Speakers at the March 8 event include Elizabeth Warren, U.S. Senator from Massachusetts; Mindy J. Roseman, Director of International Programs and Gruber Program on Global Justice and Women’s Rights at Yale Law School; and Roxanne Conlin, one of the first women ever to be named U.S. Attorney, and the first female president of the Association of Trial Lawyers of America.

More information about the event is available at https://orgs.law.harvard.edu/womeninspiringchange/

The website includes portraits of all this year’s honorees, as well as honorees in previous years.

For more information, contact: Anna Andreeva (aandreeva@jd17.law.harvard.edu) and Alice Prinsley (aprinsley@jd17.law.harvard.edu).