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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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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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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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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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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Grand Traverse Band Defeats Preliminary Injunction in Fifth Federal ICWA-Related Case Challenging Michigan’s ICWA Law

After initially granting a TRO based on an ex parte motion, the Western District of Michigan denied the requested preliminary injunction. The underlying complaint arguing the transfer provisions of the Michigan Indian Family Preservation Act (Michigan’s ICWA law) are unconstitutional. We are collecting documents in this case here. Tweet