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.

June 17, 2016

NILL added new content to the Indian Law Bulletins on 6/17


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 6/13/16 in Lewis v. Clarke (Tribal Sovereign Immunity - Damages Actions Against Tribal Employees)
Find the latest Tribal Supreme Court Update Memoranda of June 15, 2016, at the Tribal Supreme Court Project website.

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2016state.html
O'Brien v. Berry (Protective Order - Precluded by Tribal Court Proceedings)
State, ex rel. Children, Youth and Families Department v. Nathan H. (Indian Child Welfare Act - Application of)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
We feature a couple of articles about the U.S. Supreme Court decision relating to the 6th Amendment and prior tribal court convictions impacting treatment of criminal defendants.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/114_uslegislation.html
The Native American Children's Safety Act became law.
We added one new bill:
H.R.5486: To reaffirm that certain land has been taken into trust for the benefit of the Poarch Band of Creek Indians, and for other purposes.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2016lr.html
These articles were added:
Everything old is new again: Enforcing tribal treaty provisions to protect climate change-threatened resources.
Going "all-in" against the NLRB: How tribal self-government lost on the river in the Sixth Circuit [Soaring Eagle Casino & Resort v. NLRB, 791 F.3d 648 (6th Cir. 2015)].
A tiny fish and a big problem: Natives, elvers, and the Maine Indian Claims Settlement Act of 1980.
Plenary energy.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2016fr.html
We feature the new Bureau of Indian Affairs Indian Child Welfare Act regulations.

June 13, 2016

NILL added new content to the Indian Law Bulletins on 6/13


Photo of Supreme Court building

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2015-2016update.html
U.S. v. Bryant (Uncounseled Tribal-court Misdemeanor Convictions) was decided on 6/13/16. Petition for certiorari was denied in Seminole Tribe v. Stranburg (State Taxation on Reservation Lands) on 6/13/16 and in La Cuna De Aztlan Sacred Sites Protection Circle Advisory Committee v. DOI (Religious Freedom Restoration Act - Access to Land) on 6/6/16.

Courts of Appeals Bulletin
http://www.narf.org/nill/bulletins/cta/2016cta.html
Jamul Action Committee v. Chaudhuri (Indian Gaming Regulatory Act - NEPA Review)
Cayuga Nation v. Tanner (Indian Gaming - Local Anti-Gaming Ordinances)

U.S. Federal Trial Courts
http://www.narf.org/nill/bulletins/dct/2016dct.html
Caddo Nation of Oklahoma v. Wichita and Affiliated Tribes (Trust Lands; National Historic Preservation Act)
In the Matter of the Will of Phyllis J. Campbell (Wills and Trusts - Osage Headrights)
Seminole Tribe of Florida v. Florida (Indian Gaming Regulatory Act - Good Faith Negotiations)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2016state.html
White v. Schneiderman (State Taxation of Tribal Tobacco)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Sacred Places section, we feature an article about the U.S. Supreme Court's decision not to hear a dispute over a solar plant on sacred tribal land.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/114_uslegislation.html
We added six new bills:
H.R.5295: Certainty for States and Tribes Act.
H.R.5379: Requirements, Expectations, and Standard Procedures for Executive Consultation with Tribes (RESPECT) Act.
H.R.5406: To amend the Indian Health Care Improvement Act to improve access to tribal health care by providing for systemic Indian Health Service workforce and funding allocation reforms, and for other purposes.
H.R.5412: To provide the right of American Indians born in Canada or the United States to pass the borders of the United States to any individual who is a member, or is eligible to be a member, of a Federally recognized Indian tribe in the United States or Canada, and for other purposes.
H.R.5437: To implement a mandatory random drug testing program for certain employees of the Indian Health Service, and for other purposes.
H.R.5452: To amend the Internal Revenue Code of 1986 to permit individuals eligible for Indian Health Service assistance to qualify for health savings accounts.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2016lr.html
These articles were added:
Proposals for resolving reservation residents' bail catch-22: A case study of the St. Regis Mohawk Indian Reservation & the Town of Bombay, New York.
Tribal management under the MMPA: A way forward for local control.
Where there's smoke, there's fire: The state-tribal quandary of tribal marijuana.
Killing the policy to save the child: Comparing the historical removal of Indigenous children in Australia to the United States and how the countries can learn from each other.
Res extra commercium and the barriers faced when seeking the repatriation and return of potent cultural objects.
Case law on American Indians: August 2014-August 2015.
Guide for tribal appeals by pro se litigants and lay advocates.
Methods to measure compliance with the Indian Child Welfare Act.
The plight of New England tribes pursuing federal recognition.
NAGPRA and its limitations: Repatriation of Indigenous cultural heritage.
Untangling the web: Juvenile justice in Indian Country.
Avoiding extinction, preserving culture: Sustainable, sovereignty-centered tribal citizenship requirements.
Consultation or consent: The United States' duty to confer with American Indian governments.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2016fr.html
We feature a notice of the Indian Health Service about tribal consultation and urban confer sessions on the state of the Great Plains area Indian Health Service.