AALS Indian Law-Related Programs (and Newsletter)

Thanks to Ezra Rosser for completing a newsletter for the AALS Indian Law Section: Indian Law Newsletter Jan 2013

The final agenda is here. The Indian-law related programs are all scheduled for Sunday.

10:30 – 12:15 AM
[6250] Section on Indian Nations and Indigenous Peoples
Cambridge, Second Floor, Hilton New Orleans Riverside
Indian Gaming and the Future of Tribal Sovereignty
Speakers: Matthew L.M. Fletcher, Michigan State University College of Law
Venus McGhee Prince, Attorney General, Poarch Band of Creek Indians, Atmore, AL
Alexander T. Skibine, University of Utah, S. J. Quinney College of Law
George Skibine, Counsel, SNR Denton, Washington, DC
Indian gaming, which came to the forefront of American Indian affairs in the 1980s and 1990s, is now a $27 billion a year business. Indian gaming dramatically restored the relative fortunes of some of the poorest tribes, and helped tribes regain control over their lands and their lives. However, with increased competition, Indian gaming revenues have leveled off and projections for the future of Indian gaming widely vary. How will Indian nations respond? Our panel includes leading legal scholars and practitioners in the Indian gaming field.
Business Meeting at Program Conclusion.

2:00 – 3:45 PM
[6425] Crosscutting Program: (A program selected after a competitive process by the AALS Committee on Special Programs for the Annual Meeting)
Grand Ballroom D, First Floor, Hilton New Orleans Riverside
Climate Change and Indigenous Peoples: The Intersection of Environmental Law, Natural Resources Development, Water Law, Energy Law, International Law, and Indigenous Law
(Papers to be published in the Tulane Environmental Law Journal)
Moderator and Speaker: Elizabeth Kronk, University of Kansas School of Law
Speakers: Randall S. Abate, Florida A&M University College of Law
Sara Bronin, University of Connecticut School of Law
Sarah A. Krakoff, University of Colorado School of Law
Judith V. Royster, The University of Tulsa College of Law
Previous AALS panels related to climate change have addressed the increasing importance of including a discussion of climate change in any law school curriculum. The purpose of the panel is to generally discuss the importance of including indigenous people in any discussion related to climate change. Particularly important is the recognition that legal “answers” to climate change may be different when indigenous people are involved. The panel will then focus on how climate change and its impact on indigenous people may be discussed in several different doctrinal areas. Specifically, each presenter will discuss the importance of this subject matter to his or her doctrinal area and include a discussion of how the topic may specifically be incorporated into lesson plans. The proposed topic is innovative in that program attendees will walk away with not only an understanding of why the topic is important but with actual lesson plans and proposed materials to include in their

4:00 – 5:45 PM
[6480] Section on Law and Anthropology
Cambridge, Second Floor, Hilton New Orleans Riverside
Human Rights, Culture, and Indigenous Development
Moderator: Kathryn Fort, Michigan State University College of Law
Speakers: Kirsten Carlson, Wayne State University Law School
Nicole B. Friederichs, Suffolk University Law School
Mark Goodale, Associate Professor, George Mason Institute for Conflict Analysis and Resolution, Arlington, VA
Kirsty Gover, J.S.D., Programme Director, Comparative Tribal Constitutionalism Research Programme, Melbourne Law School, Carlton, Australia
The theme of this panel will be the exploration of several questions related to indigenous development, such as the following:
1.) How can human rights be used to develop a political and cultural environment in which indigenous peoples can achieve self-determination?
2.) What obstacles must be confronted as indigenous peoples use human rights law to assert their rights to resources, culture and self-governance?
3.) What strategies exist to develop the practice of intercultural education, exchange, respect and diplomacy in the field of human rights?
4.) What is the relationship between international human rights norms and processes and indigenous culture and governance?

 

Federal Court Vacates Arbitration Award Favoring Wisconsin in Video Poker Dispute with Ho-Chunk Nation

Here are the materials in State of Wisconsin v. Ho-Chunk Nation (W.D. Wis.):

Arbitration Award

DCT Order Denying Arbitration Award

Ho-Chunk Motion to Vacate

Ho-Chunk Reply

Wisconsin Brief

News coverage here.

Second Circuit, over a Dissent, Denies En Banc Review of Shinnecock Casino Construction/Aboriginal Title Suit

Here is the dissent from the order denying en banc review:

CA2 Dissent from Denial of En Banc Petition — Shinnecock

The panel opinion and briefs are here.

Lower court materials are here and here.

NYTs Article on Controversy Over Fort Sill Apache N.M. Gaming Efforts

Here.

Massachusetts Tribes Move to Intervene in KG Urban v. Patrick Case

Here are those materials:

2012-09-07_(40)_Memo in Support of Motion to Intervene and Exhibits

Mashpee Motion to Intervene [Rule 19 motion]

Update in Clark County v. Salazar — DCT Denies Remand to Interior

Here are the new materials in Clark County v. Salazar (D. D.C.):

Interior Amended Motion for Remand

Clark County Opposition to Remand

Interior Reply

DCT Order Denying Remand

Clark County’s motion for summary J is here.

Wells Fargo v. Cabazon Band — Enforcement of Trust Indenture

Cabazon Band has removed the state court complaint to federal court (Wells Fargo Bank NA v. Cabazon Band of Mission Indians (C.D. Cal.)):

Cabazon Notice of Removal [notice only]

Cabazon Notice of Removal Part 1 [notice plus attachments, each are 100+ page docs]

Cabazon Notice of Removal Part 2

Cabazon Notice of Removal Part 3

Cabazon Notice of Removal Part 4

Cabazon Notice of Removal Part 5

An excerpt from the notice:

5. This action “seeks to specifically enforce certain covenants of the Tribe under the Trust Indenture[.]” Exh. “A” (Complaint) ¶ 1. This dispute potentially involves claims under Indian Gaming Regulatory Act (“IGRA”), 25 U.S.C. §§ 2701-2721, and, accordingly, invokes federal jurisdiction. For example, the U.S. District Court for the Eastern District of Wisconsin held last year that federal subject matter jurisdiction was established on the face of the complaint because a claim against a Tribe for breach of a Trust Indenture is not a routine contract dispute, and involved potential application of IGRA:
Wells Fargo’s claim for breach of the Indenture does not present a routine contract dispute, but rather a specific issue under a highly regulated area of federal law. See Gaming World, 317 F.3d at 848. (“since this case raises issues under the extensive regulatory framework of IGRA, it is not a routine contract dispute.”). Wells Fargo’s action on the Indenture and Bonds necessarily raise federal questions concerning whether the Indenture is a management contract within the meaning of the IGRA and, if so, whether the Tribe’s waiver of sovereign immunity is valid. Wells Fargo’s complaint therefore invokes federal jurisdiction[.]
Wells Fargo Bank, N.A. v. Sokagon Chippewa Community, 787 F. Supp. 2d 867, 875 (E.D. Wis. 2011).

NYTs on the Shakopee Mdewakanton and the Growing Threat to Indian Gaming

Here.

NYTs Article on Inter-Tribal Conflicts Arising from Off-Reservation Gaming in California

Here is the article.

Federal Court Allows Mille Lacs Fraud Suit against Money Centers of America to Proceed

Here are the materials in Corporate Commission of the Mille Lacs Band of Ojibwe Indians v. Money Centers of America (D. Minn.):

DCT Order on Leave to Amend Complaint

Money Centers Motion to Dismiss

Mille Lacs Motion to Amend

Maschka Declaration on Discovery Requests [referenced at end of the opinion]

Mille Lacs Amended Complaint