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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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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EPA publishes Revised Interpretation of Clean Water Act TAS Provision

On May 16, the EPA published a final revised interpretation of the Clean Water Act’s TAS provision in the Clean Water Act, concluding that the Treatment as State provision includes an express delegation of authority by Congress to Indian tribes to administer regulatory programs over their entire reservations, subject to section 518(e)’s eligibility requirements.  This …

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Review – US IPR Center Senate Testimony on “Counterfeits and Their Impact on Consumer Health and Safety” – Application to Food Fraud Prevention?

Last week on April 27, 2016 the US Intellectual Property Rights Center presented US Senate testimony about the “Counterfeits and Their Impact on Consumer Health and Safety.” Food was not specifically mentioned but it is within scope. These law enforcement agencies are designed, built, and reinforced for enforcement and investigation.  This leads to the food …

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Independent Streams (Week of May 9th)

Our weekly round-up of policy-relevant reads and IPPSR-connected research. Problems: Obama’s Trip to Poisoned Flint Spotlights Economic Inequality (link is external). Following President Obama’s visit to Flint on May 4th, State of the State Survey results are cited in the event’s coverage. When is $500 million worth nothing? (link is external)  The Detroit Free Press …

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War on the Common Core Continues

Image courtesy of Wikimedia Commons. If a group of Michigan legislators have their way, Michigan’s adoption of common standards will end. Senate Bill 826, which was referred to the Michigan Senate by the Senate Education Committee on April 26, and House Bill 5444 would both repeal the Common Core State Standards (CCSS) as well as …

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Senators Tester and Franken Introduce Legislation to Expand Tribal Jurisdiction

Senators Tester and Franken have introduced legislation to expand tribal criminal jurisdiction over non-Indians for drug related crimes, domestic violence against children, and crimes committed against tribal law enforcement officers.  The proposed bill comes on the heels of the reauthorization of the Violence Against Women Act, which allows Indian tribes to prosecute non-Indians in certain instances. …

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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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