Response briefs filed in State of Alaska v. Akiachak Native Community;
Tribal Appellees Response Brief
Previous coverage here.
More SCOTUS Pics
Eighth Circuit Briefs in Wolfchild v. Redwood County/Kaardal Sanctions Appeal
The Line for the Dollar General Argument
Update on Goldwater (ICWA Challenge) Filings
DOJ filed their reply to Plaintiffs response on Defendants’ motions to dismiss. Arizona also filed a strong reply. Filing is completed in this matter, and a hearing on the motion to dismiss will be held on December 18th.
Plaintiffs filed a response to the amicus briefs from Casey Family Programs et al and NCAI et al. In addition, Citizens Equal Rights Alliance also filed an amicus brief in support of the Plaintiffs’ motion to certify the class.
The ICWA Legal Defense Memo has been updated and is available here.
D.C. Circuit Briefs in City of Duluth v. National Indian Gaming Commission
Here:
2015 07 06 Statement of Issues
2015 07 06 Underlying Decision in Case–Memorandum Opinion
2015 12 03 Fond du Lac Band Amicus for Appellee Brief
Lower court briefs:
25 Duluth Motion for Summary J
26 US Cross Motion for Summary J
27-1 Fond du Lac Proposed Amicus Brief
DCT order Denying NIGC Motion to Dismiss
Complaint here.
More Dollar General Coverage — Tulalip Tribes
Here is “Supreme Court case draws Tulalip’s attention.”
Tort Suit against Rocky Boys’ Business Committee Dismissed
Here are the materials in Eagleman v. Rocky Boys’ Chippewa-Cree Tribal Business Committee (D. Mont.):
16-3 Eagleman Trial Court Opposition to Motion to Dismiss
16-5 Eagleman Tribal Appellate Brief
Indian Country Investigation & Prosecutions Report to Congress
Link to DOJ report for 2014 here.
Highlights:
- FBI’s CY 2014 statistics are similar to 2013. The majority of Indian country criminal investigations opened by the FBI were referred for prosecution.
- The majority of Indian country criminal cases opened by the USAOs were
prosecuted. - The most common reason FBI Indian country investigations were closed administratively without referral for prosecution was that the investigation concluded that no federal crime had occurred. Analysis of CY 2014 data indicates that 657 FBI Indian country investigations were closed administratively without referral to a prosecuting authority — approximately 32% of the investigations that were opened. Reasons for non-referral include deaths determined to be the result of natural causes, accident, or suicide (i.e., non-homicides; 20% in CY 2014 of all investigations not referred), and insufficient evidence of criminal activity (21% in CY 2014).
- All but 37 of the 148 death investigations that the FBI closed administratively in CY 2014 were closed because the FBI established that the death was due to causes other than homicide; i.e., accidents, suicide, or death due to natural causes.
- In 2014, the USAOs resolved more cases than in 2013. In 2014, the USAOs resolved 535 more cases than in 2013. A total of 3,930 Indian country matters were resolved in CY 2014, as compared to 3,395 cases in 2013.
- The USAO declination rate remained steady. USAO data for CY 2014 show that 34% (989) of all Indian country submissions for prosecution (2,941) were declined. In CY 2013, USAOs declined approximately 34% (853) of all (2,542) Indian country submissions for prosecution. USAO data for CY 2012 indicate that just under 31% (954) of all Indian country submissions for prosecution (2,542) were declined.
- The most common reason for declination by USAOs was insufficient evidence (59.6% in CY 2014, 56% in CY 2013, and 52% in CY 2012). The next most common reason for declination by USAOs was referral to another prosecuting authority (16.3% in CY 2014, 21% in CY 2013, and 24% in CY 2012).
Tribal In-House Counsel Assn. & MSU ILPC Announce 2016 Conference — Call for Proposals and Save and Date — November 3-4, 2016
***
13th ANNUAL MICHIGAN STATE UNIVERSITY INDIGENOUS LAW CONFERENCE
&
TRIBAL IN-HOUSE COUNSEL ASSOCIATION LAW CONFERENCE
@
MICHIGAN STATE UNIVERSITY COLLEGE OF LAW
INDIGENOUS LAW AND POLICY CENTER
NOVEMBER 3-4, 2016
EAST LANSING, MICHIGAN
***
TICA members interested in presenting on the following topics focusing on the tribal in-house practice of law are invited to submit proposals:
- Tribal regulatory structures.
- Federal-tribal relations.
- State-tribal relations.
- Indian child welfare.
- Internal conflicts of interest.
- Working with outside counsel.
- Internal control systems.
- Professional responsibility and ethical obligations.
Deadline for formal proposals is February 1, 2016. Please keep proposals to 300 words or less.
Want to present but aren’t a member? Become a TICA member at www.tribalinhousecounsel.com.
MSU will cover reasonable travel expenses for speakers selected for the conference. We will be applying for CLE credits for the conference and so speakers must prepare written materials. MSU can provide research support for speakers in preparing materials, if requested.
Primary contacts:
Doreen N. McPaul, TICA President (Doreen.McPaul@tonation-nsn.gov)
Matthew L.M. Fletcher (matthew.fletcher@law.msu.edu)
Kathryn E. Fort (fort@law.msu.edu)
Sarah Donnelly (donnel93@law.msu.edu)
Turtle Talk 
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