June 13, 2019

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

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2018-2019update.html
The following cases were recently denied review:
King Mountain Tobacco Company, Inc. v. United States (Treaties; Taxation)
Mitchell, et al. v. Tulalip Tribes of Washington (Sovereign Immunity)
Teck Metals LTD v. The Confederated Tribes of the Colville Reservation (Hazardous Waste)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
Flandreau Santee Sioux Tribe v. United States Department of Agriculture (Hemp Production)
Pauma Band of Luiseno Mission Indians of the Pauma and Yuima Reservation v. Unite Here International Union (National Labor Relations Board)
Rincon Mushroom Corporation of America v. B.M., J.C., V.W., G.P., S.S., C.K., D.W., DOE CO., DOE I, DOE II (Exhaustion of Tribal Court Remedies)


Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2019.html
  • Resilience and Native girls: A critique.
  • Sovereign metaphors in Indian law.
  • The restatement of the law for American Indians: The process and why it matters.
  • Tribal nations and Congress's power to define offences against the law of nations.
  • From foundational law to limiting principles in federal Indian law.
  • United States v. Gillette: A tiny prairie casenote opening a window on the enveloping fog obscuring the Indian Civil Rights Act of 1968.
  • Native American religious accommodations, national parks, and the Cutter test.
  • Reversing course on environmental justice under the Trump administration.
News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
In the Health & Welfare section, we feature an article about a tribe taking on a management role for a troubled Indian Health Service hospital.

Legislation Bulletin

https://www.narf.org/nill/bulletins/legislation/116_uslegislation.html
The following bills were added:
S.288: Justice for Native Survivors of Sexual Violence Act.
H.R.1373: Grand Canyon Centennial Protection Act.

Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2019.html
The Bureau of Indian Affairs, Bureau of Indian Education, has proposed a rule relating to standards, assessments, and accountability.

June 5, 2019

NILL added new content to the Indian Law Bulletins on 6/5

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2018-2019update.html
The following cases recently were denied review:
  • Carter v. Sweeney (Civil Rights Act)
  • Comanche Nation of Oklahoma v. Zinke (Land into Trust; Jurisdiction)
  • Miccosukee Tribe of Indians of Florida v. United States (Tribal General Welfare Exclusion Act- Income)
  • Jim v. United States (Federal Taxation)
  • Allergan, Inc. v. Teva Pharmaceuticals USA, Inc. (Patents)
Tribal Courts Bulletin
http://www.narf.org/nill/bulletins/tribal/2019.html

Mary Dominique v. Mashantucket Pequot Gaming Enterprise and Scooter A Long, LLC. (Personal Injury)
Allen Russell II v. Laureen Yellow Hammer/Combs (Child Custody)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
United States v. Smith (Assimilative Crimes Act; Indian Country Crimes Act)
Kim R. Jim v. Shiprock Associated Schools, Inc. (Indian Tribe - Definition of)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2019.html
State v. Roy (Sentencing)
In re Radience K. (Indian Child Welfare Act - Active Efforts)
People in Interest of L.R.B., S.B.B., and K.B.B. (Indian Child Welfare Act - Transfer to Tribal Court)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2019.html
  • Improving justice and avoiding colonization in managing climate change related disasters: A case study of Alaska Native villages.
  • The Race Horse that wouldn't die: On Herrera v. Wyoming.
  • Protecting native women from violence: Fostering state-tribal relations and the shortcomings of the Violence Against Women Act of 2013.
  • What the future may hold for victims of domestic and sexual violence without the Violence Against Women Act.
  • New York's quest for jurisdiction over Indian lands.
  • New York State's recent judicial collaboration with Indigenous partners: The story of New York's federal-state-tribal courts and Indian Nations Justice Forum.
  • The origins and evolution of the Indian Child Welfare Act.
  • Thomas Indian School.
  • The causal effect: Implications of chronic underfunding in school systems on the Navajo reservation.
  • When tribal disenrollment becomes cruel and unusual.
  • The dark side of tribal sovereign immunity: The gap between law and remedy.
  • Legal pluralism and indigenous peoples rights: Challenges in litigation and recognition of indigenous peoples rights.
  • Privatizing the reservation?
  • Partially tribal land: The case for limiting state eminent domain power under 25 USC 357.
  • The unlikely duo that shocked the intellectual property world and why the Supreme Court was the chosen one to restore balance.
  • Defining 'Indian.'
News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
In the Intergovernmental section, we feature an article about an effort to form Alaska's first official inter-tribal court system.

Legislation Bulletin

https://www.narf.org/nill/bulletins/legislation/116_uslegislation.html
The following bills were added:
S.2961: The Samish Indian Land Reaffirmation Act.
H.R.2579: Hardrock Leasing and Reclamation Act of 2019.

Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2019.html
One of the items we cover this week includes a notice of the National Park Service regarding tribal consultation to obtain input from Tribes on proposed changes to regulations governing the National Register of Historic Places.

May 21, 2019

NILL added new content to the Indian Law Bulletins on 5/21

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2018-2019update.html
This case was decided on 5/20/19:
Herrera v. Wyoming (Hunting & Fishing Rights; Treaties)
Petitions for certiorari were denied in these cases on 5/20/19.
Casino Pauma v. National Labor Relations Board (National Labor Relations Act)
Havasupai Tribe v. Provencio, et al. (Tribal Consultation)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2019.html
In the Interest of M.T.R., a Child (Indian Child Welfare Act - Application of)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2019.html
  • Whose lands? Which public? The shape of public-lands law and Trump's national monument proclamations.
  • Self-deportation nation.
  • Balancing equity and effectiveness: The Paris Agreement & the future of international climate change law.
  • Piercing the tribal veil: tribal sovereign immunity in the anomalous context of the pharmaceutical industry.
  • The Professional and Amateur Sports Protection Act: How its invalidation will impact Indian gaming's legal and regulatory framework.
  • Sports betting and Indian gaming: Should tribal casinos get in the game?
News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
In the Intergovernmental section, we feature an article about a U.S. Supreme Court decision protecting off-reservation treaty rights.

Legislation Bulletin

https://www.narf.org/nill/bulletins/legislation/116_uslegislation.html

  • S.1482: To amend the Public Health Service Act to require State educational agencies and tribal educational agencies receiving funds under section 520A of such Act to establish and implement a school-based student suicide awareness and prevention training policy and school threat assessment team policy, and for other purposes.
  • H.R.2717: To authorize the Secretary of the Interior to convey to the San Felipe Pueblo certain Federal land in Sandoval County, New Mexico, and for other purposes.