Fletcher on Law360: “A Look At The Impact Of Lewis V. Clarke Thus Far”

Here: In Lewis v. Clarke, the U.S. Supreme Court held that individual capacity suits against tribal employees are not cloaked by an Indian tribe’s sovereign immunity. As most Indian tribes have already acquired general liability insurance to cover the tortious actions of their employees, the ruling might have little impact. But the breadth of the court’s opinion should …

More

New Scholarship Arguing, “Presidents Lack the Authority to Abolish or Diminish National Monuments”

Mark Squillace, Eric Biber, Nicholas S. Bryner, and Sean B. Hecht have posted “Presidents Lack the Authority to Abolish or Diminish National Monuments” on SSRN. Here is the abstract: By any measure, the Antiquities Act of 1906 has a remarkable legacy. Under the Act, 16 presidents have proclaimed 157 national monuments, protecting a diverse range …

More

New Divisions In Indian Country Over Energy Justice

Here: The new administration’s undoing of the Obama administration’s clean environment rules, especially hydraulic fracking regulations and the Clean Power Plan, portend great division in Indian country as the few dozen energy tribes, whether they like it or not, stand apart from the remaining tribes. Energy tribes, such as the Southern Ute Indian Tribe, had sued the government to undo the …

More

Elie Mystal on the Chief Justice

Here is “John Roberts, Silent During The Garland Process, Suddenly Worries About Partisanship.” An excerpt: When Mitch McConnell decided that black presidents only get to be president for seven years and refused to hold a hearing on Barack Obama’s nominee to the Supreme Court, there was only one man in the country who could have …

More

A Little History on Andrew Jackson and the Supreme Court (for Mike Huckabee)

Mike Huckabee invoked Andrew Jackson in encouraging the President to not comply with federal court orders striking the Muslim travel ban, saying “Hoping @POTUS tells Hawaii judge what Andrew Jackson told overreaching court-“I’ll ignore it and let the court enforce their order.”, invoking the aftermath of Worcester v. Georgia, in which the Supreme Court held …

More

State of Michigan sues Hannahville Indian Community over Gaming Compact

The State of Michigan has filed a lawsuit against the Hannahville Indian Community.  The State is asserting that the Hannahville Indian Community’s class III gaming compact has expired (the agreement was executed in 1993). A copy of the complaint is here:Hannahville Complaint Hannahville’s Class III gaming compact is here: Hannahville Class III Compact The Hannahville Compact …

More

Indian Country And Climate Change After DAPL Law360, New York (February 27, 2017, 12:01 PM EST) —

In the chaos of the early weeks of the Trump administration, the president managed to highlight his support for the natural resources extraction industry by strongly encouraging the imminent approval of the Dakota Access pipeline and the Keystone XL pipeline, circumventing additional environmental review. The U.S. Department of the Army quickly issued a notice of intent to grant an easement …

More

Ninth Circuit Holds Consumer Financial Protection Act Applies to Tribes

  Here is the opinion in Consumer Financial Protection Board v. Great Plains Lending. An excerpt: We have consistently held in our post-Stevens precedent that generally applicable laws apply to Native American tribes unless Congress expressly provides otherwise. In the Consumer Financial Protection Act, a generally applicable law, Congress did not expressly exclude tribes from …

More

Fletcher — The Consequences Of Divide-And-Conquer: Carcieri Redux (Law360.com)

Here: The Consequences Of Divide-And-Conquer: Carcieri Redux In Carcieri v. Salazar, the U.S. Supreme Court held that the Narragansett Tribe was not “under federal jurisdiction” in 1934, and therefore the U.S. Department of the Interior could not acquire land in trust for the tribe. The DOI’s decision to acquire trust land for the Cowlitz Tribe is one of several controversial …

More

Final Commentary on TNToT: “Repeating the Mistakes of the Past in “The New Trail of Tears””

The final commentary on TNToT was published in the LA Review of Books. An excerpt: Riley’s real interest is to bring unfettered free markets and “property rights” to Indian country. She suggests the disestablishment of tribal land holdings as the solution to imaginary corruption, as well as to all the other problems in Indian country. …

More

Sixth Commentary on TNToT — Chapter 5: “Taking Indian Kids Away from Their Homes and Families”

This is the sixth full commentary on “The New Trail of Tears” (TNToT), a book written by Naomi Schaefer Riley (NSR or the author). The announcement post is here. The first commentary, “Framed by a Friend,” is here. The second commentary, “Turning Indian History against Indians,” is here. The third commentary, “Indians are Saudi Arabia, Not Israel (Oh, and Crying …

More

Fifth Commentary on TNToT — Chapter 4: “Tearing Down American Indian Educators and Parents”

This is the fifth full commentary on “The New Trail of Tears” (TNToT), a book written by Naomi Schaefer Riley (NSR or the author). The announcement post is here. The first commentary, “Framed by a Friend,” is here. The second commentary, “Turning Indian History against Indians,” is here. The third commentary, “Indians are Saudi Arabia, Not Israel (Oh, and …

More

Fourth Commentary on TNToT: Chapter 3 — “Indians as Unmotivated, Dependent Victims”

This is the fourth full commentary on “The New Trail of Tears” (TNToT), written by Naomi Schaefer Riley (NSR or the author). The announcement post is here. The first commentary, “Framed by a Friend,” is here. The second commentary, “Turning Indian History against Indians,” is here. The third commentary, “Indians are Saudi Arabia, Not Israel (Oh, and Crying Toddlers)” …

More

Fletcher Law360 Commentary: “The Right Side Of History: Obama’s Administration And DAPL”

Here: The Standing Rock Sioux Tribe, hundreds of Indian tribes that support its position, and the thousands of Indians that stand by its side in Cannonball lost an important ruling by a federal court on the Dakota Access Pipeline fight (DAPL), only to learn minutes later that the Obama administration, the defendant in Standing Rock Sioux …

More

Third Commentary on TNToT: Chapter 2 — “Indians are Saudi Arabia, Not Israel (Oh, and Crying Toddlers)”

This is the third full commentary on “The New Trail of Tears” (TNToT), written by Naomi Schaefer Riley (NSR or the author). The announcement post is here. The first commentary, “Framed by a Friend,” is here. The second commentary, “Turning Indian History against Indians,” is here. Chapter 2 of TNToT focuses on the Seneca Nation of Indians of New …

More

Grand Traverse Band Press Release on Dakota Access Pipeline Protests & Enbridge Line 5

PRESS RELEASE: STANDING ROCK SIOUX OPPOSITION TO DAKOTA ACCESS PIPELINE AND GTB’S OPPOSITION TO ENBRIDGE LINE 5. Peshawbestown, Michigan, SEPTEMBER 2, 2016.  The Grand Traverse Band of Ottawa and Chippewa Indians (GTB), by Tribal Resolution 16-34.2792, and a letter to President Obama, joins in the Standing Rock Sioux opposition to the Dakota Access Pipeline in …

More

Fletcher: “The Next Justice’s Impact On The Indian Child Welfare Act” (law360.com)

Justice Antonin Scalia’s death impacts Indian country in dramatic ways. Last term, the most critical tribal court jurisdiction appeal to hit the Supreme Court of the United States in decades was affirmed by a 4-4 tie in favor of tribal jurisdiction. The court declined certiorari in a pair of tribal labor relations cases where there was a gaping circuit split, possibly …

More

Alex Skibine on “Indians, Race, and Criminal Jurisdiction in Indian Country”

Alex Skibine on “Indians, Race, and Criminal Jurisdiction in Indian Country” | Turtle Talk Alexander Skibine has posted “Indians, Race, and Criminal Jurisdiction in Indian Country,” forthcoming in the Albany Government Law Review, on SSRN. Here is the abstract: With the possible exception of the Indian Major Crimes Act, the classification of “Indian” for the …

More