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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When “Legal Technicalities” Matter

“First thing we do, let’s kill all the lawyers.” This line from Shakespeare’s Henry VI reflects a popular sentiment toward lawyers who make the simple complex for their own interest. Only lawyers would take such a technically highfalutin’ issue such as this to the highest court in the land: Whether 20 U.S.C. 1415(l) requires petitioners …

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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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Review – Trade Journal Articles on Food Fraud Compliance Requirements for GFSI, FSMA, and Sarbanes-Oxley

Are you compliant with the current and pending regulatory and standards requirements to address “all” types of food fraud and “all” products?  Probably not… but there are fairly simple steps to get started.  Our MSU FFI team just published two trade journal articles that summarize numerous peer-reviewed, refereed scholarly journal articles. MSU’s Dr. Doug Moyer …

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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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