April 25, 2019

NILL added new content to the Indian Law Bulletins on 4/25


drawing of NILL logo feather

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2018-2019update.html
Petition for certiorari was filed in this case on 1/14/19:
Carter v. Sweeney (Indian Child Welfare Act)
 
Petitions were denied in:
Wilson v. Horton’s Towing, et al. (Forfeiture)
McNeal, et ux. v. Navajo Nation (Indian Gaming Regulatory Act; Jurisdiction)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
Gingras v. Think Finance, Inc. (Lending; Tribal Sovereign Immunity)
Duanna Knighton v. Cedarville Rancheria of Northern Paiute Indians; Cedarville Rancheria Tribal Court; Patricia R. Lenzi (Jurisdiction; Loans)
James Clay and Audrey Osceola v. Commissioner of Internal Revenue (Tribal Sales Tax)
Sault Ste. Marie Tribe of Chippewa Indians v. David Bernhardt (Land into Trust)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2019.html
Navajo Nation v. Department of Child Safety
(Indian Child Welfare Act - Expert Witnesses)
People in Interest of E.T. (Indian Child Welfare Act - Expert Witnesses; Indian Child Welfare Act - Transfer to Tribal Court)

Tribal Courts Bulletin
http://www.narf.org/nill/bulletins/tribal/2019.html
Deidra M. Scruggs v. Mashantucket Pequot Gaming Enterprise (Personal Injury)
Gibson v. Colville Confederated Tribes (Jurisdiction; Employment; Immunity)
Jennifer Nolan v. Celia Paul and Barry Collins (Child Custody)
Melissa Williams v. Colville Confederated Tribes (Judges - Recusal)

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
  • Rising tides, rising obligations: enforcing tribal trust responsibility for climate change mitigation.
  • Deserving a place at the table: Effecting change in substantive environmental procedures in Indian Country.
  • Crossing state lines: The Trojan horse invasion of rent-a-bank and rent-a-tribe schemes in modern usury law.
  • Law, cultural, heritage, and climate change in the United States.
  • A comparative analysis: Legal and historical analysis of protecting indigenous cultural rights involving land disputes in Japan, New Zealand, and Hawai'i.
News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
In the Environment & Energy section, we feature an article about tribal regulation of single-use plastics.

April 18, 2019

NILL added new content to the Indian Law Bulletins on 4/18


drawing of court gavel

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2018-2019update.html
Petition for certiorari was filed in this case on 4/10/19:
Allergan, Inc. v. Teva Pharmaceuticals USA, Inc. (Patents)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
United States v. Jones (Sentencing)
Cain v. Salish Kootenai College, Inc. (Tribal Colleges - Arm-of-the-Tribe)
Yselta Del Sur Pueblo v. City of El Paso (Tribal Real Property)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2019.html
Mitchell v. Preston
(Indian Child Welfare Act - Transfer to Tribal Court)
In Re.: A.G. A Minor Child (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
  • The transformation of the Antiquities Act: A call for amending the President's power regarding national monument designations.
  • Lobbying against the odds.
  • An "SDVCJ Fix" -- Paths forward in tribal domestic violence jurisdiction.
  • Shooting down Oliphant: Self-defense as an answer to crime in Indian Country.
  • Indian children and the Fifth Amendment.
  • Congressional plenary power and indigenous environmental stewardship: The limits of environmental federalism.
  • Tribal utility development energy development and services on tribal land.
  • Protecting all women: Tribal protection orders and required enforcement under VAWA.
News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
In the Land & Water section, we feature articles about consideration from Congress on tribal water rights issues.

U.S. Legislation Bulletin
https://www.narf.org/nill/bulletins/legislation/116_uslegislation.html
The following bills were added:
  • S.1161: A bill to support the education of Indian children.
  • S.1216: A bill to amend the Internal Revenue Code of 1986 to permanently extend the depreciation rules for property used predominantly within an Indian reservation.
  • S.1180: A bill to extend the full Federal medical assistance percentage to urban Indian organizations.
  • S.1181: A bill to amend the Child Abuse Prevention and Treatment Act to provide for better protections for children raised in kinship families outside of the foster care system.
  • S.1211: A bill to provide for improvements to Tribal transportation facilities and Tribal transportation safety, and for other purposes.
  • S.1207: A bill to approve the settlement of the water rights claims of the Navajo Nation in Utah, and for other purposes.
  • S.1001: A bill to amend the Indian Health Care Improvement Act to allow the Indian Health Service to cover the cost of a copayment of and Indian or Alaska Native veteran receiving medical care or services from the Department of Veterans Affairs, and for other purposes.
  • H.Res.361: Promoting minority health awareness and supporting the goals and ideals of National Minority Health Month in April 2019, which include bringing attention to the health disparities faced by minority populations of the United States such as American Indians, Alaska Natives, Asian Americans, African Americans, Hispanics, and Native Hawaiians or other Pacific Islanders.

April 11, 2019

NILL added new content to the Indian Law Bulletins on 4/11


Photo of US Supreme Court building

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2018-2019update.html
Petitions for certiorari were filed recently in these cases:
Havasupai Tribe v. Provencio, et al. (Federal Consultation with Tribes)
Comanche Nation of Oklahoma v. Zinke (Land into Trust; Jurisdiction)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
Employers Mutual Casualty Company v. Ethel B Branch (Jurisdiction)
Pueblo of Isleta v. Michelle Lujan Grisham (Gaming - Revenue Sharing)
Brisbois v. Tulalip Tribal Court (Indian Civil Rights Act; Writ of Habeas Corpus)

Tribal Courts Bulletin
http://www.narf.org/nill/bulletins/tribal/2019.html
Louis-Williams v. Colville Confederated Tribes (Tribal Government - Expulsion)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2019.html
In Matter of Dupree M
. (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
  • Ensuring Natives count: Overcoming the 2020 census challenge.
  • Environmental Justice in Indian Country.
  • First steps: One tribe's domestic violence criminal jurisdiction experience.
  • ICWA in a world with assisted reproductive technology.
  • Leaving the office ethically.
  • The year of the Native voter.
  • Tribal utility development energy development and services on tribal land.
  • In memory of Rodney Blaine Lewis.
  • Stolen or lawful? A case review of an Indian tribe's claim to aboriginal land in California.
  • Strange bedfellows: Native American tribes, big pharma, and the legitimacy of their alliance.
  • Rethinking administrative advocacy: A step-by-step approach from former government insiders.
  • Tribes and cannabis: Reaching new highs in the burgeoning cannabis marketplace.
  • The Violence Against Women Act of 2018: A step in the right direction for Indian children and Federal Indian law.
  • Pipeline to tribal sovereignty: Celebrating the Pre-Law Summer Institute's 50th class.
  • Decolonizing shipwrecks through considerations of indigeneity in underwater cultural property decisions.
  • The Trump administration and lessons not learned from prior national monument modifications.
  • Original Nation Approaches to "International Law" (ONAIL): Decoupling of the nation and the state and the search for new legal orders.
  • IP rights and Indigenous rights: between commercialization and humanization of traditional knowledge.
  • Beyond transnational advocacy: Lessons from engagement of Myanmar Indigenous peoples with the UN Human Rights Council Universal Periodic Review.
News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
In the Land & Water section, we feature articles about consideration from Congress on tribal water rights issues.

U.S. Legislation Bulletin
https://www.narf.org/nill/bulletins/legislation/116_uslegislation.html
The following bills were added:
  • S.982: A bill to increase intergovernmental coordination to identify and combat violent crime within Indian lands of Indians.
  • S.1079: A bill to provide for the withdrawal and protection of certain Federal land in the State of New Mexico.
  • H.R.2031: To amend the Indian Self-Determination and Education Assistance Act to provide further self-governance by Indian Tribes, and for other purposes.
  • S.954: A bill to provide grants to State, local, territorial, and Tribal law enforcement agencies to purchase chemical screening devices and train personnel to use chemical screening devices in order to enhance law enforcement efficiency and protect law enforcement officers.
  • H.R.2128: To amend part A of title IV of the Social Security Act to clarify the authority of tribal governments in regard to the Temporary Assistance for Needy Families program.
  • H.R.2156: To amend the Surface Mining Control and Reclamation Act of 1977 to provide funds to States and Indian tribes for the purpose of promoting economic revitalization, diversification, and development in economically distressed communities through the reclamation and restoration of land and water resources adversely affected by coal mining carried out before August 3, 1977, and for other purposes.
  • S.Res.144: A resolution designating May 5, 2019, as the "National Day of Awareness for Missing and Murdered Native American Women and Girls".
  • S.1001: A bill to amend the Indian Health Care Improvement Act to allow the Indian Health Service to cover the cost of a copayment of and Indian or Alaska Native veteran receiving medical care or services from the Department of Veterans Affairs, and for other purposes.
  • H.R.2029: To direct the Comptroller General of the United States to submit a report on the response of law enforcement agencies to reports of missing or murdered Indians.
Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2019.html
We feature regulations of the Department of Commerce, National Oceanic and Atmospheric Administration, on taking of marine mammals.

April 3, 2019

NILL added new content to the Indian Law Bulletins on 4/3


NILL feather logo

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2018-2019update.html
Petitions for certiorari were filed in these cases:
Buchwald Capital Advisors LLC v. Sault Ste. Marie Tribe of Chippewa (Bankruptcy; Tribal Sovereign Immunity)
Oglala Sioux Tribe, et al. v. Fleming (Indian Child Welfare Act)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
Chemehuevi Indian Tribe v. Newsom (Indian Gaming Regulatory Act - Duration Provision)
United States v. Cooley (Fourth Amendment; Indian Civil Rights Act)
Seminole Tribe of Florida v. Azar (Indian Self-Determination and Education Assistance Act - Health Services)
LaBatte v. United States (Class Action Settlement Agreement)
Peggy Fontenot v. Mike Hunter (Oklahoma’s American Indian Arts and Crafts Sales Act)
City of Council Bluffs, Iowa v. United States Department of Interior (Gaming - Tribal Service Area)
Gibbs v. Haynes Investments, LLC (Lending Operations)
United States of America v. State of Washington (Fishing Rights - Usual and Customary Areas)
Bay Mills Indian Community v. Snyder (Jurisdiction, Land Title)

Tribal Courts Bulletin
http://www.narf.org/nill/bulletins/tribal/2019.html
John & Jean Letarte v. Mashantucket Pequot Gaming Enterprise (Personal Injuries; Negligence)
Wilding v. Mashantucket Pequot Gaming Enterprise (Employment Termination)

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
  • Alaska Native perspectives on the Alaska constitution.
  • Banishment of non-Natives by Alaska Native tribes: A response to alcoholism and drug addiction.
  • Traditional jurisprudence and protection of our society: A jurisgenerative tail.
  • Trust lands for the Native Hawaiian Nation: Lessons from federal Indian law precedents.
  • Indigenous peoples, the international trend toward legal personhood for nature, and the United States.
  • Foundations of Sand: Justice Thomas's critique of the Indian Plenary Power Doctrine.
  • Agua Caliente Band of Cahuilla Indians v. Coachella Valley Water District: A tribe's successful fight for federally reserved water rights.
  • Extending tribal criminal jurisdiction outside of Indian Country: Kelsey v. Pope.
  • "Dramatically altered the legal landscape?" City of Sherrill v. Oneida Indian Nation in the lower courts.
  • A watershed moment in the education of American Indians: A judicial strategy to mandate the state of New Mexico to meet the unique cultural and linguistic needs of American Indians in New Mexico public schools.
  • Democratizing treaty fishing rights: Denying fossil-fuel exports in the Pacific Northwest.
  • Roe on the Rez: The case for expanding abortion access on tribal land.
  • Tribal lending under CFPB enforcement: Tribal sovereign immunity and the "true lender" distinction.
  • Na Mo'o O Ko'olau: The water guardians of Ko'olau weaving and welding collective memory in the war for East Maui water.
  • The wild west re-lived: Oil pipelines threaten Native American tribal lands.
  • A presidential power of monumental proportions: Does the Antiquities Act permit the review and revision of national monuments or can the president steal your land?
News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
In the Health and Welfare section, we feature articles about a new book and current legal action relating to adoption and the Indian Child Welfare Act.

U.S. Legislation Bulletin
https://www.narf.org/nill/bulletins/legislation/116_uslegislation.html
The following bills were added:
  • H.R.1937: To amend the Native American Business Development, Trade Promotion, and Tourism Act of 2000, the Buy Indian Act, and the Native American Programs Act of 1974 to provide industry and economic development opportunities to Indian communities.
  • H.R.2017: To amend the Internal Revenue Code of 1986 to make permanent the Indian employment credit.
  • S.954: A bill to provide grants to State, local, territorial, and Tribal law enforcement agencies to purchase chemical screening devices and train personnel to use chemical screening devices in order to enhance law enforcement efficiency and protect law enforcement officers.
  • H.Res.278: Expressing the sense of the House of Representatives to recognize the crisis of violence against Native women.
  • H.R.1964: To provide for the recognition of the Lumbee Tribe of North Carolina, and for other purposes.
Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2019.html
A notice of the Bureau of Indian Affairs, under the HEARTH Act, announces approval of a tribal ordinance authorizing the Fond du Lac Band to enter into leases for agricultural, residential, business, wind and solar, wind energy evaluation, and other authorized purposes without further BIA approval.