National Indian Law Library Bulletin (6/14/2018)

Here: The National Indian Law Library added new content to the Indian Law Bulletins on 6/14/18. U.S. Supreme Court Bulletin http://www.narf.org/nill/bulletins/sct/2017-2018update.html Petition for certiorari was filed in Citizen Potawatomi Nation v. Oklahoma (Indian Gaming – Arbitration) on 5/30/18. A Per Curium Opinion was issued in Washington v. U.S. on 6/11/18. Law Review & Bar Journal Bulletin http://www.narf.org/nill/bulletins/lawreviews/2018.html Rejecting the Zero-Sum …

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National Indian Law Library Bulletin (5/29/18)

Here: The National Indian Law Library added new content to the Indian Law Bulletins on 5/29/18. U.S. Supreme Court Bulletin http://www.narf.org/nill/bulletins/sct/2017-2018update.html A decision was published in Upper Skagit Indian Tribe v. Lundgren (Tribal Sovereign Immunity) on 5/21/18. Petition for certiorari was granted in Royal v. Murphy (Reservation Boundaries) on 5/21/18. Petition for certiorari was filed in Makah Indian Tribe v. …

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Greg Ablavsky Commentary on Upper Skagit Decision

Gregory Ablavsky has posted “Upper Skagit v. Lundgren: Deceptively Straightforward Case Raises Fundamental Questions about Native Nations, History, and Sovereignty” on Stanford Law School’s blog. Here are excerpts: This decision provoked the ire of Justice Thomas, who, in a lengthy dissent, insisted that the immovable property exception did apply to tribes.  Thomas’s rationale involved a deep dive …

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Jenn Weddle Guest Post on Upper Skagit Decision

The Upper Skagit Court’s restraint Monday is appreciated in Indian Country.  A “hornbook” law principle is that tribes need not suffer litigation unless and until either the tribe or Congress expressly says so.  Monday’s Upper Skagit opinion affords appropriate time for further advocacy and lower court consideration as to whether that hornbook principle should be displaced by another—the immovable …

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Gregory Ablavsky on the Original Meaning of “With the Indian Tribes”, Race, and Citizenship

Gregory Ablavsky has published “With the Indian Tribes”: Race, Citizenship, and Original Constitutional Meanings in the Stanford Law Review. Here is the abstract: Under black-letter law declared in the U.S. Supreme Court’s decision in Morton v. Mancari, federal classifications of individuals as “Indian” based on membership in a federally recognized tribe rely on a political, not …

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National Indian Law Library Bulletin (5/17/2018)

Here: The National Indian Law Library added new content to the Indian Law Bulletins on 5/17/18. U.S. Supreme Court Bulletin http://www.narf.org/nill/bulletins/sct/2017-2018update.html Read the latest Tribal Supreme Court Project update published on 5/11/18. Tribal Courts Bulletin http://www.narf.org/nill/bulletins/tribal/2018.html McClellan v. Grand Traverse Band Election Board and Petoskey (Tribal Elections) Petoskey and Robert v. Grand Traverse Band Election Board (Tribal Elections) …

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Kirsten Carlson on the Rise of Lobbying by Tribal Interests from 1978 to 2012

Kirsten Matoy Carlson has posted “Lobbying Against the Odds,” forthcoming in the Harvard Journal on Legislation. Here is the abstract: Conventional narratives maintain that groups that lack political power litigate because they cannot attain their goals politically. Yet lobbying by American Indians has increased over 600 percent since the late 1970s. And they are not …

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National Indian Law Library Bulletin (5/11/2018)

Here: The National Indian Law Library added new content to the Indian Law Bulletins on 5/11/18.Tribal Courts Bulletin http://www.narf.org/nill/bulletins/tribal/2018.html People of the Sault Ste. Marie Tribe of Chippewa Indians v. Sorrell (Exclusion Order) People of the Sault Ste. Marie Tribe of Chippewa Indians v. Nickaboine (Exclusion Order)Law Review & Bar Journal Bulletin http://www.narf.org/nill/bulletins/lawreviews/2018.html To sue and be …

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Grant Christensen on ICRA and Banishment

Grant Christensen has posted “Civil Rights Notes: American Indians and Banishment, Jury Trials, and the Doctrine of Lenity,” forthcoming in the William & Mary Bill of Rights Journal. The syllabus: Indian defendants appearing before tribal courts are not protected by the Bill of Rights. Instead, Congress enacted the Indian Civil Rights Act in 1968 to …

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National Indian Law Library Bulletin (4/5/2018)

Here: The National Indian Law Library added new content to the Indian Law Bulletins on 4/5/18. U.S. Supreme Court Bulletin http://www.narf.org/nill/bulletins/sct/2017-2018update.html Petition was filed in Fort Peck Housing Authority, et al., v. Department of Housing and Urban Development, et al. (Jurisdiction; Grant in Aid Funds) on 3/22/18. Read the latest Tribal Supreme Court Project update published on 4/2/18. …

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2018 FBA Baca Award Winners

Eric Eberhard and Heather Kendall-Miller Honored With 2018 Lawrence R. Baca Lifetime Achievement Award for Excellence in Federal Indian Law The Federal Bar Association Indian Law Section is proud to announce that Professor Eric Eberhard and Heather Kendall-Miller are the 2018 recipients of the Lawrence R. Baca Lifetime Achievement Award for Excellence in Federal Indian Law. Eric and Heather will …

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National Indian Law Library Bulletin (3/20/2018)

Here: The National Indian Law Library added new content to the Indian Law Bulletins on 3/20/18. U.S. Supreme Court Bulletin http://www.narf.org/nill/bulletins/sct/2017-2018update.html Petition was filed in Harvey, et al., v. Ute Indian Tribe of the Uintah and Ouray Reservation, et al. (Exhaustion of Tribal Remedies) on 3/7/18. Law Review & Bar Journal Bulletin http://www.narf.org/nill/bulletins/lawreviews/2018.html Tribal lending and tribal …

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National Indian Law Library Bulletin (3/15/2018)

Here: The National Indian Law Library added new content to the Indian Law Bulletins on 3/15/18.Law Review & Bar Journal Bulletin http://www.narf.org/nill/bulletins/lawreviews/2018.html Justice for Native Nations: Insights from legal pluralism. GMOs, International law, and Indigenous peoples. May the spirit of section 106 yet prevail?: Recognizing the environmental elements of Native American intangible cultural heritage. Tribal …

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National Indian Law Library Bulletin (2/22/2018)

Here: The National Indian Law Library added new content to the Indian Law Bulletins on 2/22/18. U.S. Supreme Court Bulletin http://www.narf.org/nill/bulletins/sct/2017-2018update.html Petition for certiorari was denied in Renteria, et al. v. Superior Court of California, Tulare County, et al. (Indian Child Welfare Act) and in Norton, et al. v. Ute Indian Tribe of the Uintah and Ouray Reservation, et …

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Michalyn Steele on Congressional Powers and Sovereignty in Indian Affairs

Michalyn Steele has posted “Congressional Power and Sovereignty in Indian Affairs” on SSRN. The paper is forthcoming in the Utah Law Review. Here is the abstract: The doctrine of inherent tribal sovereignty — that tribes retain aboriginal sovereign governing power over people and territory — is under perpetual assault. Despite two centuries of precedential foundation, the …

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New Student Scholarship on Indian Country Cross Deps

Here is “Bridging the Jurisdictional Void: Cross-Deputization Agreements in Indian Country,” forthcoming in the Arizona State Law Journal. The abstract: Comment examines cross-deputization agreements in Indian Country, focusing on the relationship between tribes and state and local governments and the impact cross-deputization agreements have on enforcing criminal law in Indian Country. Section I examines the …

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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 …

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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 …

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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 …

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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 …

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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 …

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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 …

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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 …

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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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