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

Written by: Matthew Fletcher

Primary Source : Turtle Talk, May 30, 2018


The National Indian Law Library added new content to the Indian Law Bulletins on 5/29/18.

U.S. Supreme Court Bulletin

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. Quileute Indian Tribe, et al.(Treaty Fishing Rights) on 5/21/18.

Law Review & Bar Journal Bulletin

• Establishing the denominator: The challenges of measuring multiracial, Hispanic, and Native American populations.

• Counting America’s first peoples.

• Accountability or merely “good words”? An analysis of tribal consultation under The National Environmental Policy Act and The National Historic Preservation Act.

• Consenting to dispossession: The problematic heritage and complex future of consultation and consent of Indigenous peoples.

• Cultural heritage protection and sacred spaces: Considering alternative approaches from within the human rights framework.

• Federal Indian Reserved Water Rights and the No Harm Rule.

• The puzzle of traditional knowledge.

• Protecting cultural rights in the South Pacific Islands: Using UNESCO and marine protected areas to plan for climate change.

• “Indian” as a political classification: Reading the tribe back into the Indian Child Welfare Act.

• Policy considerations and implications in United States v. Bryant.

• Presidential authority and the Antiquities Act.

• The controversy over permit-exempt wells in Washington.

• “With the Indian tribes”: Race, citizenship, and original constitutional meanings.

• Presidential authority and the Antiquities Act.

• Standing together: How the Federal government can protect the tribal cultural resources of the Standing Rock Sioux Tribe.

Federal Courts Bulletin

Mono County v. Walker River Irrigation District (Tribal Water Rights)

United States v. Walker River Irrigation District (Tribal Water Rights)

Fawn Cain, Tanya Archer and Sandi Ovitt v. Salish Kootenai College, Inc. (Tribal Colleges; Tribal Sovereign Immunity)

FSS Development CO., LLC v. Apache Tribe of Oklahoma (Indian Gaming; Diversity Jurisdiction)

State Courts Bulletin

In re Williams (Michigan Indian Family Protection Act)

People In Interest of I.B.-R. (Indian Child Welfare Act – Notice)

News Bulletin

In the Health & Welfare section, we feature an article about a U.S. Congressional bill to combat Native American veteran homelessness.

U.S. Legislation Bulletin

The following bills were added:

• S.Res.529: A resolution promoting minority health awareness and supporting the goals and ideals of National Minority Health Month in April 2018, which include bringing attention to the health disparities faced by minority populations of the United States such as American Indians, Alaskan Natives, Asian Americans, African Americans, Hispanics and Native Hawaiians or other Pacific Islanders.

• S.2943: A bill to amend the Internal Revenue Code of 1986 to exempt Indian tribal governments and other tribal entities from the employer health coverage mandate during the time the employer health coverage mandate exists.

• H.R.5847: To amend the Indian Health Care Improvement Act to improve recruitment and retention of employees in Indian Health Service, restore accountability in the Indian Health Service, improve health services, and for other purposes.

• S.2907: A bill to provide for the withdrawal and protection of certain Federal lands in the State of New Mexico.

• H.R.5911: To amend Public Law 115-97 (commonly known as the Tax Cuts and Jobs Act) to repeal the Arctic National Wildlife oil and gas program, and for other purposes.


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Matthew Fletcher
Matthew L.M. Fletcher is Professor of Law at Michigan State University College of Law and Director of the Indigenous Law and Policy Center. He is the Chief Justice of the Poarch Band of Creek Indians Supreme Court and also sits as an appellate judge for the Pokagon Band of Potawatomi Indians, the Hoopa Valley Tribe, and the Nottawaseppi Huron Band of Potawatomi Indians. He is a member of the Grand Traverse Band of Ottawa and Chippewa Indians, located in Peshawbestown, Michigan. In 2010, Professor Fletcher was elected to the American Law Institute.