Kirkus Review of Sarah Deer’s New Book on Rape and Colonialism

Here.  Kirkus calls the book “[a]n incisive and imperative academic study.”  Congrats to Professor Deer!

Alaska Governor Walker Spurns Alaska Natives and Pursues Challenge to Interior’s Decision to Take Land Into Trust for Alaska Natives

Here is the state’s opening brief in State of Alaska v. Akiachak Native Community:

2015-08-24 AK appeal brief vs Akiachak

Lower court materials here.

Update in WD and the Canyon v. Hual’Bay Ba:J Enterprises Inc.

Here are the new materials in WD and the Canyon v. Hual’Bay Ba:J Enterprises Inc. c(Hualalpai Tribal Court):

2015 0804 WD Final Order

2015 0811 Notice of Appeal

 

Federal Court Rejects Tribal Court Exhaustion in Death Benefit Action

Here are the materials in Texas Life Insurance Company v. Raper (W.D. Okla.):

1-7 Tribal Court Petition

14 Raper Motion to Dismiss

16 Response

18 DCT Order

Can’t be sure because I only skimmed it, but it looks apparent the court ignored the tribal court exhaustion doctrine and proceeded directly to the jurisdictional analysis.

Pro Se Claim to Stockbridge-Munsee Tribal Assets Dismissed

Here are the materials in Bruette v. Jewell (E.D. Wis.):

10 US Motion to Dismiss + Exhibits

12 Response

15 Reply

27 DCT Order

Trapp v. Department of Correction Amicus Brief

Here:

Trapp Amicus – Final

Little River Ottawa Sixth Circuit En Banc Petition

Here are the new materials in NLRB v. Little River Band of Ottawa Indians Tribal Government:

LRB Motion

LRB En Banc Petition

CA6 panel decision here.

NPR on Pilot Program for Tribes to Access National Crime Databases

Here.

Under the Justice Department pilot program, 10 tribal communities will get their own hardware and training, so they don’t need to rely on local authorities.

John Dossett, general counsel of the National Congress of American Indians, said that matters.

“The states have been, you know, some of them are good to work with, some of them don’t work with tribes,” he said, “so it’s been an issue that’s been going on for a long time.”

Dossett pointed out that tribes have been pressing the federal government to open up the criminal databases for 10 years. And Congress has made it a priority, too.

He added that tribes are watching now to make sure the Justice Department program will be a continuing effort, one that will expand all over the country.

“We’re in a trust-but-verify situation,” Dossett said.

Tribal Access to Name Based Background Checks for Emergency Placements

Tribal Access to Name Based Background Checks for Emergency Placements

For some time tribes have raised the issue of tribal child welfare agencies not having access to name-based background checks for emergency child placements.

The Bureau of Indian Affairs (BIA) Office of Justice Services is now authorized to do name-based background checks for tribal emergency placements for tribes with social services agencies.  The program is called, “BIA-OJS Purpose Code X Program.”  Children’s Bureau is working with BIA and the Department of Justice to inform tribes about the change and roll out of the process.  Two informational phone calls will be held to disseminate information about the name-based background checks and the process.  These calls will include partners with the Department of Justice and the Bureau of Indian Affairs who will be on hand to answer questions.

Two Opportunities to participate in an Informational Call-In about BIA-OJS Purpose Code X Program with Department of Justice, Bureau of Indian Affairs – Office of Tribal Justice, and Children’s Bureau:

Wednesday August 26, 2015

First Call:  3:00pm to 4:00pm (Eastern time) Noon to 1:00pm (Pacific time)

Participants can register for the conference by navigating to http://dpregister.com/10071565
Please note that registered participants will receive their dial in number upon registration.

Pre-registration fields of information to be gathered:  Name, Tribal Affiliation

Those without internet access or unable to pre-register may dial in by calling:
PARTICIPANT DIAL IN (TOLL FREE):           1-877-270-2148
PARTICIPANT INTERNATIONAL DIAL IN:  1-412-902-6510

Information gathered for unregistered parties:  Name and Company
Please ask to be joined into the United States Department of Justice call.

Second Call: 4:00pm to 5:00pm (Eastern time) 1:00pm to 2:00pm (Pacific time)

Participants can register for the conference by navigating to http://dpregister.com/10071577
Please note that registered participants will receive their dial in number upon registration.

Pre-registration fields of information to be gathered:  Name, Tribal Affiliation

Those without internet access or unable to pre-register may dial in by calling:
PARTICIPANT DIAL IN (TOLL FREE):           1-877-270-2148
PARTICIPANT INTERNATIONAL DIAL IN:   1-412-902-6510

Information gathered for unregistered parties:  Name and Company
Please ask to be joined into the United States Department of Justice call.

The U.S. Department of Justice announced on Wednesday, August 19, 2015 the Tribal Access Program for National Crime Information, or TAP, will allow federally recognized tribes to enter criminal records into and pull information out of national databases overseen by the Criminal Justice Information Services Division of the Federal Bureau of Investigation.

The U.S. Department of Justice (DOJ) has established the Tribal Access Program for National Crime Information (TAP) to provide tribes access to national crime information databases for both civil and criminal purposes. TAP will allow tribes to more effectively serve and protect their nation’s citizens by ensuring the exchange of critical data.  The new TAP program will support and train tribes as they connect with the system. Once established, they’ll be able to use the databases in the same way as outside law enforcement.

Also on Wednesday, August 19, Assistant Secretary – Indian Affairs Kevin K. Washburn announced a new Bureau of Indian Affairs’ Office of Justice Services (BIA-OJS) program to assist federally recognized tribal social services agencies seeking to place children in safe homes. “The BIA-OJS Purpose Code X Program will provide tribal social service agencies with the information they need to protect the children they place into care in emergency situations when parents are unable to provide for their welfare,” Washburn said. “This program provides BIA law enforcement personnel with the ability to provide our social service agency partners with much-needed information to help to make sure children requiring emergency placements will be placed in safe homes.” The BIA-OJS Purpose Code X Program arose out of a 2014 working group formed by the Departments of Justice (DOJ) and the Interior (DOI) that also developed the Tribal Access Program for National Crime Information (TAP).

BIA-OJS dispatch centers will be available to provide 24-hour access to criminal history records, so name-based checks can be done immediately. Protocols for operating under the new program are being developed by BIA-OJS and will be tested by a select number of tribes prior to a nationwide implementation of the program.

http://www.justice.gov/tribal/tribal-access-program-tap

Previous coverage here and here.

Little Traverse Odawa Files Reservation Boundaries Case

Here are the materials in Little Traverse Bay Bands of Odawa Indians v. Snyder (W.D. Mich.):

1 Complaint

1-1 Map Exhibit