Feds and States and Widgets—Oh My!

The Feds For nearly seven years the Obama Department of Education (USDOE), through its Race to the Top (RttT) program and its issuance of No Child Left Behind (NCLB) waivers, pushed states to establish “rigorous” teacher evaluation systems that incorporated student achievement evidence, the results of which would then be used in personnel decisions. The …

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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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Publication – The Economics of a Food Fraud Incident – Case Studies and Examples, Including Melamine in Wheat Gluten

We all know Food Fraud occurs for economic gain, but it is more complex than just “profit margin” or “commodity price swings.” Reviewing the incidents provides insight on exactly how and where bad guys are attacking… which is critical to prevention and selecting countermeasures. New Publication: The Economics of a Food Fraud Incident – Case …

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2016 BIA ICWA Guidelines Released

Here are the 2016 Guidelines. For those keeping track at home February 2015, Updated Guidelines replacing the 1979 Guidelines (No Longer in Effect) June 2016, Federal Regulations released (Became Binding on December 12) December 2016, Updated Guidelines replacing the February 2015 Guidelines What this means: 25 USC 1901 et seq (ICWA) has not changed in …

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Survey Results – FDA “Request for Comment” on FSMA Hazard Disclosure (or Not) – Regarding Food Fraud and EMA

This is a follow-up to our recent blog post that included a survey. The survey results summarized below will also be included in our formal public comments to FDA. Summary (150-word-brief):  This is a summary of our survey results. The FSMA guidance was clear, although there are ongoing FSMA concerns. While the new requirements are …

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VQIP Guidance Released

FDA has just released its Guidance for Industry: Voluntary Qualified Importer Program. The Food Safety Modernization Act (FSMA) directed FDA to create the Voluntary Qualified Importer Program (VQIP), which is a voluntary, fee-based program that is intended to expedite the review and importation of food for participants in the program. To be eligible to participate …

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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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Proposed Court Rule in Michigan to Waive Pro Hac Fees and Other Limits for Out of State Tribal ICWA Attorneys

Here. In ICWA cases, the tribe has a right of intervention in whatever state court is hearing the case of the tribal child. While it is true that the “tribal representative” does not have to be attorneys, when they are attorneys, there may be concerns about practicing without finding local counsel or using the local “pro hac” …

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FDA “Request for Comment” on FSMA Hazard Disclosure (or Not) – Regarding Food Fraud and EMA

Earlier this week FDA released “Describing a Hazard That Needs Control in Documents Accompanying the Food, as Required by Four Rules Implementing the FDA Food Safety Modernization Act: Guidance for Industry.” This was officially published in the Federal Register on October 31, 2016. Food Fraud (or EMA) was not directly addressed. This only defines how …

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What’s in a Phrase: Will the “Free and Appropriate Public Education” Standard Mean as Much When the U.S. Supreme Court Interprets It?

One Little Case and One Big Law Drew was diagnosed with autism at age two, ADHD at three. He accepted special education services from the Douglas County, Colorado schools beginning in preschool.  After an especially difficult fourth grade, Drew’s parents rejected the individualized education program (IEP) the District had proposed for the next year. They …

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New Publication: Food Protection Strategies – Review of New Zealand MPI Food Protection Forum

New Publication: Food Protection Strategies – Review of New Zealand MPI Food Protection Forum by John Spink • October 7, 2016 • Blog • 0 Comments This report was specifically created to provide an overview of key concepts presented at the “Food Protection Forum” held in Auckland during October 2015, which was organized by the New Zealand Government Ministry for Primary …

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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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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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Globe and Mail Article on Cindy Blackstock

Here. “What I saw were children being systemically removed from these communities. And I’d go to these communities, and there was no running water, and people would wonder why the kids weren’t clean, and I’d think maybe someone should do something about the water. We would see the multigenerational impacts of residential schools, and there …

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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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United States v. Decosters Decision

Yesterday, July 6, the Eighth Circuit upheld the United States v. DeCoster three-month prison sentences and $100,000 fines for Austin “Jack” DeCoster and Peter DeCoster, respectively the owner and chief operating officer of Quality Egg, LLC. Over the years, several salmonellosis foodborne illness outbreaks were associated with eggs from DeCoster farms. In a 2010 outbreak …

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State of Michigan Celebrates Reunification Day

State of Michigan Celebrates Reunification Day | Turtle Talk Link to news coverage here. The Michigan Supreme Court ceremonially praised the efforts of family court participants, including Tribal leaders, for restoring children to their families on June 24, 2016, in Lansing.  Five judges from Michigan’s Tribal State Federal Judicial Forum were present.  According to the article, more than …

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Review – Final Rule for FSMA Intentional Adulteration (Food Defense) Regarding Food Fraud and EMA

This is a detailed, 22-page review of the Food Fraud aspects or requirements of the recently published Food Safety Modernization Act Intentional Adulteration (Food Defense) Final Rule (FSMA-IA). In addition to regular contributors Spink & Moyer, we are pleased to add MSU’s Dr. Andrew Huff (College of Veterinary Medicine) and University of Auckland’s (NZ) Bradley …

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Of zombies and criminals

As the recall for products linked to sunflower seeds potentially contaminated with Listeria grows, I think this is a good time to talk about recalls. I feel like this is a bug I’m hearing more and more about in the news, and have sometimes wondered if it’s just me being more attentive to food safety …

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