Mitchell Forbes on Powers of Alaska Tribes without Reservations

Mitchell Forbes has published “Beyond Indian Country: The Sovereign Powers of Alaska Tribes Without Reservations” in the Alaska Law Review. PDF

Here is the abstract:

The Alaska Native Claims Settlement Act of 1971 (ANCSA) devised a land entitlement system markedly different from the Indian reservation system that prevailed in the Lower 48 states. It directed the creation of twelve, for-profit Alaska Native regional corporations and over 200 private, for-profit Alaska Native village corporations, which would receive the bulk of Native land in the state. This corporate model left nearly all tribes in Alaska without a land base. As such, there is very little Indian Country land in the state over which tribes can exercise territorial-based sovereignty. Yet, the Supreme Court has long recognized the power of tribes to exercise membership-based jurisdiction. This Comment analyzes a range of state and federal court decisions addressing the authority of tribes and argues that Alaska tribes, through membership-based jurisdiction, can exercise various sovereign powers, like the exclusion of nonmembers. Importantly, this membership-based jurisdiction does not depend on lands over which tribes can exercise jurisdiction. Therefore, the exclusionary orders imposed by several Alaska Native tribes during the Covid-19 pandemic in 2020 were valid exercises of the tribes’ sovereign powers.

Highly recommended.

Split Oklahoma SCT Rules against Cherokee Nation’s Claims for COVID Business Losses Coverage

Here are (many of) the materials in Cherokee Nation v. Lexington Insurance Co.:

Native Families and COVID-19

Here.

Native youth have suffered the highest rate of caregiver loss from the pandemic—4.5 times higher than that of White children. This means that 1 of every 168 Native children have lost their primary caregivers to COVID, as compared with 1 of every 310 Black children, 1 of every 412 Hispanic children, and 1 in every 753 White children.

Thanks to Fred Fisher to sending this on to us.

Mohawk Gaming Loses Pandemic Business Interruption Claim against Insurance Company

Here are the materials in Mohawk Gaming Enterprises LLC v. Affiliated FM Insurance Co. (N.D. N.Y.):

18-1 Mohawk MSJ

19-1 Affiliated Response

23 Mohawk Reply

27 Affiliated Reply

32 DCT Order

The complaint is here.

Shawnee Tribe’s Effort to Stop CARES Act Funds Distribution Fails

Here are the materials in Shawnee Tribe v. Mnuchin (D.D.C.):

21 Federal Response to Motion for TRO

23 Reply in Support of Motion for TRO

27 DCT Order Transferring Case to D.D.C.

40 Shawnee Supplemental Brief

41 Federal Response

42 Reply

43 DCT Order

Prior post here.