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 …

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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 …

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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. …

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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 …

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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 …

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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)” …

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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 …

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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 …

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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 …

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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 …

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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 …

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Fletcher on ICWA at Cato Unbound

Fletcher on ICWA at Cato Unbound | Turtle Talk Here is “Limit Government Intrusion in Indian Families’ Lives.” This essay is part of a series of online essays at Cato Unbound on the Indian Child Welfare Act. Excerpts: The Indian Child Welfare Act (ICWA) restricts government intervention in Indian families’ lives, imposes important obligations on …

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Federal Court Issues Order in Little Traverse Reservation Boundaries Case Bifurcating Merits and Remedies Phases

Here is the order in Little Traverse Bay Bands of Odawa Indians v. Snyder (W.D. Mich.): 91. 2016-07-06 Opinion and Order Bifurcating Case and Granting Denying Plf’s MSD An excerpt: “‘Only Congress can divest a reservation of its land and diminish its boundaries,’ and its intent to do so must be clear.” Nebraska v. Parker, …

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Takeaways from the Bryant Decision

As observers might have predicted from the oral argument in United States v. Bryant (opinion here), the government’s victory was not surprising. Of course, even a few years ago, this outcome was far from a foregone conclusion, as the 2005 Canby-Washburn-Sands debates in the Federal Sentencing Reporter suggested. A few takeaways: 1. Remarkable that the Court heaps …

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Jim Harrison Walks On

Here. Harrison was a long time resident of Michigan, including Leelanau County, where he knew many Anishinaabe people. He wrote a compelling introduction to the history of the Grand Traverse Band of Ottawa and Chippewa Indians, Mem-ka-Weh: The Dawning of the Grand Traverse Band of Ottawa and Chippewa Indians. He also wrote many Indian characters …

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Judge Garland’s Indian Law Record

President Obama is expected to announce D.C. Circuit Judge Merrick B. Garland to the Supreme Court. Judge Garland has a very limited record on Indian law issues. He was on the panel that decided Ramapough Mountain Indians v. Norton, an unsigned per curiam decision from 2001, that affirmed the Interior Department’s decision not to acknowledge the Ramapough …

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Robert Miller on Tribal Constitutions and Their Influence on the American Constitution

Robert Miller has posted “American Indian Constitutions and Their Influence on the United States Constitution” on SSRN. Here is the abstract: This paper analyzes modern-day American Indian constitutionalism. It describes the development of written constitutions by Indian nations and primarily focuses on constitutions developed since 1934 under the auspices of the federal Indian Reorganization Act. …

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Saginaw Chippewa v. NLRB Cert Petition

Here: Saginaw Cert Petition and Appendix- Filed Questions presented: For more than sixty years, the National Labor Relations Board correctly declined to exercise jurisdiction over tribal operations on tribal lands. But in recent years, the Board has belatedly asserted the extraordinary power to regulate the on-reservation activities of sovereign Indian tribes, precipitating a three-way circuit split in the process. Nothing in …

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