A blog covering current events in federal and tribal American Indian Law.
December 16, 2008
Gaming regulations, double jeopardy and more in the Indian Law Bulletins this week
The U.S. Courts of Appeals Bulletin has a case relating to double jeopardy and federal prosecution: http://www.narf.org/nill/bulletins/cta/currentcta.htm
The Regulatory Bulletin contains a notice relating to National Indian Gaming Commission annual fee rates: http://www.narf.org/nill/bulletins/regulatory/currentfr.htm
You can find additional bulletins, including announcements of law journal articles and news stories, at http://www.narf.org/nill/bulletins/ilb.htm.
November 20, 2008
Tribal Supreme Court Project Update
This week in the Indian Law Bulletins
Other features include:
A case relating to sovereign immunity of a manufacturer as an enterprise of a tribe. See the U.S. Courts of Appeals Bulletin at: http://www.narf.org/nill/bulletins/cta/currentcta.htm
A case where an administrator of a self-insurance risk pool is subject to jurisdiction of a tribal court. See the District Courts Bulletin at: http://www.narf.org/nill/bulletins/dct/currentdct.htm
A case where a member of a tribe was convicted of unlawful use of nets to take fish and, as part of sentence, was prohibited from owning gillnets during term of sentence, on and off reservation. See the State Courts Bulletin at: http://www.narf.org/nill/bulletins/state/currentstate.htm
In the U.S. Regulatory Bulletin is an adopted rule of the Department of Interior/Bureau of Indian Affairs relating to trust reform. http://www.narf.org/nill/bulletins/regulatory/currentfr.htm
In the Economic Development section of the News Bulletin, we feature a story about a tribe starting their own wireless company. http://www.narf.org/nill/bulletins/news/currentnews.htm
The Law Journal Bulletin includes an article on indigenous sovereignty in light of the UN Declaration on the Rights of Indigenous Peoples. http://www.narf.org/nill/bulletins/lawreviews/currentlr.htm
November 14, 2008
Indian Law Bulletins Updated
The New Bulletin features stories relating to Native American Heritage month and a push for education reform. Find it at: http://www.narf.org/nill/bulletins/news/currentnews.htm
The Law Review & Bar Journal Bulletin includes an article about state taxation of tribal construction projects. Find it at: http://www.narf.org/nill/bulletins/lawreviews/currentlr.htm
National Native American Heritage Month
November 6, 2008
New at the Indian Law Bulletins
U.S. Courts of Appeals: This week we feature Catskill Development v. Park Place Entertainment Corporation where a casino development group and land developer brought action against competitor alleging tortious interference with contractual relations and tortious interference with prospective business relationships in connection with development and management of Native American casino. http://www.narf.org/nill/bulletins/cta/currentcta.htm
U.S. Trial Courts Bulletin: This week we feature a case relating to a challenge to a tribal court search warrant in United States v. Wahtomy. http://www.narf.org/nill/bulletins/dct/currentdct.htm
State Courts: This week, we feature a case relating to child support in Cypress v. Jumper. http://www.narf.org/nill/bulletins/state/currentstate.htm
U.S. Regulatory information: This week we feature an announcement from the Department of Health and Human Services Announcement of funding awards for fiscal year 2008; Tribal Colleges and Universities Program. http://www.narf.org/nill/bulletins/regulatory/currentfr.htm
November 3, 2008
New in the Supreme Court
Read about the cases in the U.S. Supreme Court Bulletin - http://www.narf.org/nill/bulletins/sct/2008-2009update.htm - and the News Bulletin - http://www.narf.org/nill/bulletins/news/currentnews.htm.
October 24, 2008
In the Indian Law Bulletins this week:
- A case against the United States alleging trust mismanagement and a failure to properly account for trust funds. Federal Trial Courts
- A case relating to termination of parental rights under the Indian Child Welfare Act. State Courts
- A notice from the Secretary of the Interior announcing the Department's intent to form a negotiated rulemaking committee to develop recommendations for proposed regulations regarding Bureau of Indian Education (BIE)-funded school facilities under the No Child Left Behind Act of 2001. Regulatory bulletin
- News relating to the current state of the Indian Health Service in the "Health & Welfare" section of the News Bulletin.
October 21, 2008
Navajo Nation Code Available at Reduced Rate
Contact the Office of Legislative Council to purchase a copy or for additional information at: 928-871-7166.
October 17, 2008
New content posted in the following NILL Indian Law Bulletins
U.S. Supreme Court Bulletin - find it at: http://www.narf.org/nill/bulletins/sct/2008-2009update.htm . Petitions for writ of certiorari were filed in two cases relating to possession of eagle feathers: Friday v. United States and Rodriguez-Martinez v. United States.
U.S. Trial Courts Bulletin - find it at: http://www.narf.org/nill/bulletins/dct/currentdct.htm . This week we feature the Alaska v. Federal Subsistence Board case granting residents of a rural community in Southeast Alaska a customary and traditional use determination (C & T determination) for moose.
News Bulletin - find it at: http://www.narf.org/nill/bulletins/news/currentnews.htm . Check out news stories relating to the federal government turning over federal land to the Pechanga Tribe in California for use as a wildlife preserve.
October 8, 2008
U.S. Supreme Court: 5 Indian Law Cases Denied Review on 10/06/08.
Our Supreme Court Bulletin is at http://www.narf.org/nill/bulletins/sct/2008-2009update.htm
October 3, 2008
Indian Law Bulletins updated
U.S. Supreme Court: On 10/1/08, petitions for writ of certiorari were granted in United States v. Navajo Nation and Hawaii v. Office of Hawaiian Affairs and Ho-Chunk v. Wisconsin was dismissed under rule 46.
Federal Court of Appeals: A case decided on 9/24/08 relating to an arrest of tribal members on tribal land and the sale of cigarettes.
Federal Trial Courts: A case relating to a Native American defendant who was charged with conspiracy to defraud United States.
State Courts: A case decided on 9/29/08 in Louisiana relating to suit by an Indian tribe against an engineering firm for damages related to various contracts concerning an electric power plant.
News: A story published on 9/19/08 on U.S. legislation that would impact the Indian tobacco industry.
August 11, 2008
Great Resources for Current Events Research
July 2, 2008
New Tribal Law Added to Westlaw
Thomson West reports that they have contracts with several other tribes to publish their tribal court opinions and codes in both print and on Westlaw. This new content will complement the Oklahoma tribal and CFR court opinions (OKTRIB-CS database) that have been available on Westlaw for many years.
May 21, 2008
Search, Track the BIA in the Federal Register
Justia enables searching or browsing by department or agency, (for instance Department of Interior, Bureau of Indian Affairs) include keywords, and limit by document type or date; or browse by agency or date. Coverage begins January 1, 2005. In addition, to searching and browsing, Justia allows you to save a search that will deliver results via an RSS feed. This is a great feature for people who are anticipating or wish to be alerted to developments on a specific topic.
Researchers will wish to compare the Justia regulation tracker to GPO Access a governmental research portal that provides research access to the Federal Register back to 1994.
April 14, 2008
New list of federally recognized tribes published
Only tribes who maintain a legal relationship to the U.S. government through binding treaties, acts of Congress, executive orders, etc., are officially "recognized" by the federal government. Once "recognized" a tribe has a legal relationship with the United States. There are currently more than 550 federally recognized tribes in the United States, including some 200 village groups in Alaska. See the Native American Rights Fund web site for more information.
According to Interior, changes include the following:
"The Mashpee Wampanoag Tribe was acknowledged under 25 CFR part 83. The final determination for Federal acknowledgment became effective on May 23, 2007. The list also contains several tribal name changes and corrections. To aid in identifying tribal name changes, the tribe's former name is included with the new tribal name. To aid in identifying corrections, the tribe's previously listed name is included with the tribal name. We will continue to list the tribe's former or previously listed name for several years before dropping the former or previously listed name from the list."Interior is required to publish a list of federally-recognized tribes per the "Federally Recognized Indian Tribe List Act of 1994" (Pub. L. 103-454). In the United States Code Annotated, it is found at 25 USCA § 479a and 479a-1. A previous list was published March 22, 2007. For previous lists back to 1979, contact the Library.
March 26, 2008
February 6, 2008
State of Indian Nations Address from NCAI
February 5, 2008
NARF Library Helps Guide Standards for Indexing Indian Law Materials Worldwide
Boulder, CO-NARF Librarian Monica Martens is participating in a legal terminology project that will improve the retrieval capabilities of online library databases. Martens' role is to contribute to discussions about terminology for tribal legal materials. NARF's National Indian Law Library (NILL) has been the leader in developing a nationwide collection of tribal codes, constitutions, and intergovernmental agreements.
Librarians regularly educate researchers and the public about the processes for conducting tribal legal research. The terminology project titled the "Classification and Subject Cataloging Policy Advisory Working Group" is organized under the auspices of the American Association of Law Libraries and the Library of Congress. NARF's Librarians are expertly situated to play an important role in bringing attention to tribal legal materials at research institutions and for the general public, through projects such as these.
To learn more about NARF's award-winning National Indian Law Library (NILL) and its services please click here. Donations to support NILL's important work on behalf of Indian Country and NARF are also greatly appreciated.
January 3, 2008
Model Tribal Secured Transactions Act
For more information, go to the National Indian Law Library's online catalog at http://nillcat.narf.org/ Then type "security law" into the Subject Terms field.