National Indian Law Library

National Indian Law Library Bulletin (11/18/2016)

Matthew L.M. Fletcher

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 11/17/16.

U.S. Courts of Appeals Bulletin
http://www.narf.org/nill/bulletins/cta/2016cta.html
Upstate Citizens for Equality, Inc. v. United States (Land into Trust)

U.S. Federal Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/2016dct.html
Seminole Tribe of Florida v. Florida (Tribal-State Gaming Compacts – Good Faith Negotiations)
Schlemm v. Wall (Religious Land Use and Institutionalized Persons Act – Prisoner Rights)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2016state.html
In re H.S. (Indian Child Welfare Act – Termination of Parental Rights)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Environment & Energy section, we feature some of the best articles on the Dakota Access pipeline situation.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2016fr.html
We feature some adopted rules of the Department of Interior, Bureau of Land Management, regarding Indian oil and gas leases.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2016lr.html
Environmental jurisdiction in Indian Country: Why the EPA should change its definition of Indian agency jurisdiction under the Safe Drinking Water Act.
Tribes, treaties, and the trust responsibility: A call for co-management of huckleberries in the Northwest.
From running touchdowns to running away with the casket: Thorpe v. Borough of Jim Thorpe.
Public funding and the road to Damascus: the legacy of Employment Division v. Smith.
Emulsified property.
Traditional knowledge rights and wrongs.

National Indian Law Library Bulletin (11/9/2016)

Matthew L.M. Fletcher

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 11/08/16.

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2016-2017update.html
Petitions were filed in Mackinac Tribe v. Jewell (Federal Acknowledgment Process) and in Citizens Against Reservation Shopping v. Jewell (Land into Trust; Recognized Indian Tribe under Federal Jurisdiction) on 10/27/16. Petition was denied in Wolfchild v. Redwood County (Trespass and Ejectment) on 11/7/16.

U.S. Federal Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/2016dct.html
United States v. State of Washington (Treaty Right to Take Shellfish)
California Valley Miwok Tribe v. Jewell (Official Tribal Government)
Pueblo of Pojoaque v. State of New Mexico (Tribal-State Gaming Compact – Negotiations)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2016state.html
In the Matter of the Adoption of T.A.W., R.B. and C.B. (Indian Child Welfare Act – Termination of Parental Rights)
Wells Fargo Bank v. Apache Tribe of Oklahoma (Arbitration)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Economic Development section, we feature some articles discussing the possible future of cultivation and sale of marijuana on Indian reservations.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2016fr.html
We feature a notice of guidelines stating principles for working with federally recognized Indian tribes of the Department of Human Services, Administration for Children and Families.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2016lr.html
Dollar General v. Mississippi Band of Choctaw Indians: Where do we go from here?
Tribal self-governance extended to U.S. Department of Transportation.
College of Law committed to Native Law program.
Indigenous health policy in the United States and Latin America: The Marshall trilogy and the international human rights approach.
Thinking outside the bars: Using Hawaiian traditions and culturally-based healing to eliminate racial disparities within Hawai’i’s criminal justice system.
Pipelines, Protests and General Permits.
Congress, tribal recognition, and legislative-administrative multiplicity.
From dysfunction and polarization to legislation: Native American religious freedom rights and Minnesota autopsy law.
Passage and flow considered anew: wild salmon restoration via hydro relicensing.
A proper seat at the table: affirming a broad Winters right to groundwater.
Federally reserved rights and interstate groundwater allocation.
The Winters doctrine: is it just about quantity?
Tribal reserved water rights to groundwater as recognized in settlements and litigation: status and trends.
Agua Caliente and the argument for aboriginal rights to groundwater.
Why Obergefell should not impact American Indian tribal marriage laws.

National Indian Law Library Bulletin (10/24/2016)

Matthew L.M. Fletcher

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 10/24/16.

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2016-2017update.html
The Tribal Supreme Court Update Memoranda of September 21, 2016 is available
at the Tribal Supreme Court Project website.

Petition for Certiorari was filed in Patchak v. Jewell (Separation of Powers; Due Process) and R.P. v. LA County Department of Children and Family Services (Indian Child Welfare Act).

U.S. Courts of Appeals Bulletin
http://www.narf.org/nill/bulletins/cta/2016cta.html
Williams v. Poarch Band of Creek Indians (Age Discrimination)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Culture & Tradition section, we feature articles about Chief Wahoo, the Cleveland Indians baseball team mascot.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2016fr.html
We feature a notice of a model Indian juvenile code from the Bureau of Indian Affairs.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/114_uslegislation.html
One bill became law:
S.246: Alyce Spotted Bear and Walter Soboleff Commission on Native Children Act.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2016lr.html
Habitat protection and Native American treaty fishing in the Northwest.
Using vector space models to understand the circulation of habeas corpus in Hawai’i, 1852–92.
Native American use of eagle feathers under the Religious Freedom Restoration Act.

National Indian Law Library Bulletin (10/17/2016)

Matthew L.M. Fletcher

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 10/17/16.

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2016-2017update.html
Petition for Certiorari was filed in Wolfchild v. Redwood County (Common law claims of trespass and ejectment)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Sacred Places section, we feature a couple of articles on the possible Bears Ears National Monument.

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2016state.html
United Auburn Indian Community of the Auburn Rancheria v. Edmund G. Brown, Jr. (Indian Child Welfare Act – Transfer to Tribal Court)

U.S. Federal Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/2016dct.html
Sanchez v. Cegavske (Voting Rights)
In re: Greektown Holdings, LLC v. Papas (Bankruptcy; Tribal Sovereign Immunity)

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2016fr.html
We feature the Department of Interior’s final rule on procedures for reestablishing a formal government-to-government relationship with the Native Hawaiian community.

National Indian Law Library Bulletin (10/10/2016)

Matthew L.M. Fletcher

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 10/10/16.

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2016-2017update.html
Petition for Certiorari was granted in Lee v. Tam  (Trademarks)
Petition for certiorari was denied in these four cases:
Flute v. U.S. (Fiduciary Duty)
Jones v. Norton (Bad man clause)
Kelsey v. Bailey (Tribal Jurisdiction; Indian Civil Rights Act)
Pro-Football v. Blackhorse, et al. (Trademarks)

U.S. Courts of Appeals Bulletin
http://www.narf.org/nill/bulletins/cta/2016cta.html
Standing Rock Sioux Tribe v. United States Army Corps of Engineers

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Land & Water section, we feature a story about a law passed by Congress to restore land to several tribes in Nevada.

U.S. Federal Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/2016dct.html
A.D. v. Washburn (Indian Child Welfare Act)
Sisseton-Washington Oyate of the Lake Traverse Reservation v. U.S. Corps of Engineers (Sacred Places; National Historic Preservation Act; Clean Water Act)

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2016lr.html
These articles were added:
Who’s in and who’s out: Congressional power over individuals under the Indian Commerce Clause.
Indigenous identity, cultural harm, and the politics of cultural production: a commentary on Riley and Carpenter’s “Owning Red.”
Making resources, making management.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2016fr.html
The Environmental Protection Agency has issued proposed rules on federal baseline water quality standards for Indian reservations.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/114_uslegislation.html
One bill became law:
H.R.2733: Nevada Native Nations Land Act.
One bill was added:
H.R.3682: Reducing Employer Burdens, Unleashing Innovation, and Labor Development Act of 2015.

National Indian Law Library Bulletin (9/29/2016)

Matthew L.M. Fletcher

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 9/29/16.

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2016-2017update.html
Petition for certiorari was granted in Lewis v. Clarke (Tribal Sovereign Immunity)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
We feature articles about the recent White House Tribal Leaders Conference as well as a settlement of mismanaged monetary assets and natural resources held in trust by the United States for the benefit of tribes.

U.S. Federal Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/2016dct.html
Littlefield v. U.S. Dept. of the Interior (Land into Trust)
Navajo Nation v. Urban Outfitters, Inc. (Trademarks)

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2016lr.html
These articles were added:
Reconciling patent law and traditional knowledge: Strategies for countries with traditional knowledge to successfully protect their knowledge from abuse.
Spreading justice to rural Montana: Expanding local legal services in underserved rural communities.
Let the jury fit the crime: Increasing Native American jury pool representation in Federal judicial districts with Indian Country criminal jurisdiction.
Sacred in the city: the Huron Indian Cemetery and the preservation laws.
Challenge-flag thrown: the trademark trial and appeal board’s cancellation of the Redskins’ trademarks and pro-football’s chances on appeal.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2016fr.html
We feature an adopted rule from the Environmental Protection Agency regarding treating tribes as states under provisions of the Clean Water Act.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/114_uslegislation.html
The following bill and resolution were added:
S.1579: Native American Tourism and Improving Visitor Experience Act (NATIVE Act).
S.Res.577: A resolution commemorating the 50th anniversary of the Alaska Federation of Natives.

National Indian Law Library Bulletin (9/26/2016)

Matthew L.M. Fletcher

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 9/26/16.

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2016-2017update.html
The Tribal Supreme Court Update Memoranda of September 21, 2016 is available at the project’s website.

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Sacred Places section, we feature a couple of articles about the status of historic massacre sites.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2016lr.html
These articles were added:
Case comment: Adoptive Couple v. Baby Girl, 133 S.Ct. 2552.
The saga continues: the Redskins, Blackhorse, and the future of Native American trademarks in sports.
Human rights, Indigenous Peoples, and the pursuit of justice.
Chevron and Blackfeet: the battle for deference in the Sixth Circuit.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2016fr.html
We feature a proposed rule of the Department of Interior relating to appraisals and valuations of Indian property.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/114_uslegislation.html
The following bills were added:
S.3365: A bill to amend the Internal Revenue Code of 1986 to improve the treatment of pension and employee benefit plans maintained by tribal governments.
H.R.6081: Moapa Band of Paiutes Land Conveyance Act.
H.R.6082: Know Your Oil Act of 2016.
H.R.6115: To fulfill the land conveyance requirements under the Alaska Native Claims Settlement Act for the Alaska Native Village of Canyon Village, and for other purposes.
S.Res.572: A resolution designating November 5, 2016, as National Bison Day.

National Indian Law Library Bulletin (9/16/2016)

Matthew L.M. Fletcher

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 9/16/16.

U.S. Federal Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/2016dct.html
Poarch Band of Creek Indians v. Moore (Trust Lands – Real Property Taxation)
Dakota Access, LLC v. Archambault (Temporary Restraining Order; Oil Pipeline Construction)
Efrain Hildalgo v. PA Department of Corrections (Religious Land Use and Institutionalized Persons Act – Prisoner Rights)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2016state.html
In re Michael V. (Indian Child Welfare Act – Application of)
Matter of M.H.C. (Indian Child Welfare Act – Transfer to Tribal Court)
In re A.B. (Indian Child Welfare Act – Application of)
In re Andrew S. (Indian Child Welfare Act – Application of)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Land & Water section, see an article about U.S. legislation to settle water rights claims with the Hualapai Tribe in Arizona.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2016lr.html
These articles were added:
Gambling with equal protection: Connecticut’s exploitation of Mancari and the tribal gaming framework.
Traditional ecological rulemaking.
An Indigenous People’s right to environmental self-determination: Native Hawaiians and the struggle against climate change devastation.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2016fr.html
We feature a proposed rule of the Department of Transportation, Federal Highway Administration, on tribal transportation self-governance program.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/114_uslegislation.html
The following bills were added:
S.3343: A bill to authorize the Attorney General to provide a grant to assist Federal, State, tribal, and local law enforcement agencies in the rapid recovery of missing individuals.
H.R.6028: Repealing Existing Substandard Provisions Encouraging Conciliation with Tribes (RESPECT) Act.
S.2848: Water Resources Development Act of 2016.
S.3254: Spearfish Canyon and Bismarck Lake Land Exchange Act.
H.R.5556: Great Bend of the Gila National Monument Establishment Act.
H.R.5780: Utah Public Lands Initiative Act.
H.R.5984: Pechanga Band of Luiseno Mission Indians Water Rights Settlement Act.
H.R.6060: To provide for the equitable settlement of certain Indian land disputes regarding land in Illinois, and for other purposes.

National Indian Law Library Bulletin (9/9/2016)

Matthew L.M. Fletcher

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 9/9/16.

U.S. Courts of Appeals Bulletin
http://www.narf.org/nill/bulletins/cta/2016cta.html
Meyers v. Oneida Tribe of Indians of Wisconsin (Tribal Sovereign Immunity; Fair and Accurate Transaction Act)

U.S. Federal Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/2016dct.html
Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers (Dakota Access Pipeline; Injunctions)
Stand Up for California! v. U.S. Department of the Interior (Land Into Trust; Gaming)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2016state.html
In re Estate of Colombe (Comity; Probate)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
We feature articles on the latest developments relating to the Dakota Access Pipeline project. In the Recognition & Enrollment section, we feature an article about the U.S. House committee scheduled markup on a federal recognition bill.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2016lr.html
These articles were added:
President Nixon’s Indian law legacy: a counterstory.
Principles of International law that support claims of Indian tribes to water resources.
Crime and governance in Indian Country.
Recentering tribal criminal jurisdiction.
Tribal sovereignty, tribal court legitimacy, and public defense.
The double-edged sword of sovereignty by the barrel: how Native nations can wield environmental justice in the fight against the harms of fracking.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2016fr.html
The Department of Health and Human Services, Administration for Children and Families, announces tribal consultation meetings regarding the Improving Head Start for School Readiness Act of 2007.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/114_uslegislation.html
Two new bills were added:
S.3293: A bill to require the Secretary of the Interior to transfer to the Shoshone-Paiute Tribes of the Duck Valley Reservation investment income held in certain funds.
S.3300: A bill to approve the settlement of water rights claims of the Hualapai Tribe and certain allottees in the State of Arizona, to authorize construction of a water project relating to those water rights claims, and for other purposes.

National Indian Law Library Bulletin (8/31/2016)

Matthew L.M. Fletcher

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 8/31/16.

U.S. Courts of Appeals Bulletin
http://www.narf.org/nill/bulletins/cta/2016cta.html
Keli’i Akina, et al. v. State of Hawaii, et al. (Elections; Native Hawaiians)
Alvarez v. Lopez (Indian Civil Rights Act – Right to a Jury Trial)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Health & Welfare section, we feature an article about Indian Health Service tribal management grants.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2016lr.html
These articles were added:
Recent developments—riverboat casinos and tribal sovereignty issues in gaming bankruptcy cases.
Thompson v. Fairfax County Department of Family Services: determining the best interests of the Indian child.
Contact the National Indian Law Library if you need help obtaining copies of articles.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2016fr.html
We feature a proposed rule of the Office of Personnel Management on making Federal employee health insurance accessible to employees of certain Indian tribal entities.