July 15, 2016

Two Lesser-Known Law Journals Covering Native American Law

We would like to bring to your attention two electronic-only law journals relating specifically to Native American law.

 American Indian Law Journal 

One of the law journals is the American Indian Law Journal (AILJ) published by Seattle University School of Law since 2012. “AILJ is designed to fill a critical gap in the amount of current scholarship available to those interested in the rapidly developing field of Indian law.” Full-text articles are currently available via the law school’s website. Look for articles to appear on Digital Commons, Westlaw, and Lexis in the near future. Article submissions should be sent directly to sticeb@seattleu.edu or through the “ExpressO” website. (Spring deadline is January 15, 2017.) AILJ accepts articles and abstracts from students, practitioners, and faculty.

Tribal Law Journal

Tribal Law Journal banner
The other law journal is the Tribal Law Journal (TLJ) available from the University of New Mexico School of Law. The Journal was established in 1998 “for the purpose of promoting indigenous self-determination by facilitating discussion of the internal law of the world's indigenous nations. The internal law of indigenous nations encompasses traditional law, western law adopted by indigenous nations, and a blend of western and indigenous law. Underscoring this purpose is the recognition that traditional law is a source of law.” In addition to finding articles on the law school website, selected articles are also published on Lexis. Included on the website is also the Tribal Law Journal blog which is updated throughout the academic year. The TLJ blog consists of commentary on recent and past events at UNM School of Law and the wider Albuquerque Indigenous community, such as lectures or visits by Indian/Indigenous law scholars. Also on the TLJ blog is a variety of commentary on personal experiences with Indian/Indigenous law and the impact it has on students and Indigenous communities. One can submit articles to the TLJ via  tlj@law.unm.edu or through the “ExpressO” website.

July 11, 2016

NILL added new content to the Indian Law Bulletins on 7/11


photo of the U.S. Supreme Court building

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2015-2016update.html
Petition for certiorari was filed on 5/26/16 in Flute v. U.S. (Fiduciary Duty) and six petitions for certiorari were denied on 6/27/16:
1) California v. Pauma Band of Luiseno Mission Indians of the Pauma & Yuima Reservation (Gaming - Limited Waiver);
2) Pauma Band of Mission Indians v. California (Indian Gaming Regulatory Act - Bad Faith Negotiations),
3) Little River Band of Ottawa Indians Tribal Government v. NLRB (National Labor Relations Act);
4) Soaring Eagle Casino and Resort v. NLRB (National Labor Relations Act);
5) Shinnecock Indian Nation v. New York (Laches - Monetary Damages);
6) Jensen v, EXC., Inc. (Tribal Jurisdiction)

U.S. Courts of Appeals Bulletin
http://www.narf.org/nill/bulletins/cta/2016cta.html
Aguayo v. Jewell (Tribal Membership Dispute)
United States v. Drapeau (Expert Testimony - Prior Court Convictions)
Akiachak Native Community v. United States Department of Interior (Land into Trust; Alaska Tribes)
United States v. Washington (Treaty Right to Fish - Culvert Impacts)

U.S. Federal Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/2016dct.html
Wyoming, et al v. U.S. Department of Interior, et al (Hydraulic Fracturing on Federal and Indian Lands)
Everette v. Mitchem (Tribal Sovereign Immunity - Tribal Lending Companies)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2016state.html
In re Jones/Lehmann (Michigan Indian Family Preservation Act, Indian Child Welfare Act)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
We feature over 30 articles this week. One article in the Sovereign Immunity section deals with federal safety laws and tribes.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/114_uslegislation.html
These two bills became law:
H.R.812: Indian Trust Asset Reform Act.
S.2212: To take certain Federal lands located in Lassen County, California, into trust for the benefit of the Susanville Indian Rancheria, and for other purposes.
These bills and resolutions were added:
S.Res.514: A resolution designating May 5, 2017, as the "National Day of Awareness for Missing and Murdered Native Women and Girls."
S.3127: Safeguard Tribal Objects of Patrimony (STOP) Act.
H.Con.Res.122: PROTECT Patrimony Resolution.
H.R.5633: To authorize and implement the water rights compact among the Blackfeet Tribe of the Blackfeet Indian Reservation, the State of Montana, and the United States, and for other purposes.
H.R.5700: To support the education of Indian children.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2016lr.html
This article was added:
Property, sovereignty, and governable spaces.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2016fr.html
We feature a civil penalty inflation adjustment rule of the National Indian Gaming Commission.

June 23, 2016

NILL added new content to the Indian Law Bulletins on 6/23


Mississippi Band of Choctaw Indians

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2015-2016update.html
Petition for certiorari was filed on 5/26/16 in Tunica-Biloxi Gaming Authority v. Zaunbrecher (Tribal Sovereign Immunity).
Judgment was affirmed by an equally divided court in Dollar General Corporation v. Mississippi Band of Choctaw Indians on 6/23/16. 

U.S. Federal Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/2016dct.html
Tohono O'odham Nation v. Douglas A Ducey, et al (Motion to Compel - Closed Tribal Government Sessions)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2016state.html
Hamaatsa, Inc. v. Pueblo of San Felipe (Tribal Sovereign Immunity)
MMMG, LLC v. Seminole Tribe of Florida, Inc. (Tribal Sovereign Immunity)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
One of the articles featured in the Tribal Jurisdiction section is about the Supreme Court tie vote in the Dollar General case regarding the power of tribal courts to review civil cases involving the activities of nonmembers on native trust lands.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/114_uslegislation.html
These bills were added:
S.3068: Department of the Interior, Environment, and Related Agencies Appropriations Act, 2017.
S.3005: Alaska Land Use Council Act.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2016lr.html
These articles were added:
Liberte, egalite, fraternite: The United Nations Declaration of the Rights of Indigenous Peoples fails to protect Hopi katsinam from the auction block in France.
Looking to the third sovereign: Tribal environmental ethics as an alternative paradigm.
What should tribes expect from federal regulations? The Bureau of Land Management's fracking rule and the problems with treating Indian and Federal lands identically.
Protecting traditional water resources: Legal options for preserving tribal non-consumptive water use.
"Salmon is culture, and culture is salmon": Reexamining the implied right to habitat protection as a tool for cultural and ecological preservation.
A sacred responsibility: Governing the use of water and related resources in the International Columbia Basin through the prism of Tribes and First Nations.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2016fr.html
We feature a notice of the Bureau of Indian Affairs regarding tribal consultation sessions on probate regulation updates.