March 29, 2013

NILL added new content to the Indian Law News Bulletin on 3/29

* News Bulletin
We feature an article in the "Health & Welfare" section regarding the budget sequester and its impact on Indian Health Service. 

March 27, 2013

Introducing ICWA Info: A growing collection of ICWA-related news and resources

The Native American Rights Fund (NARF) and Casey Family Programs are pleased to announce the launch of ICWA Info, a new online resource for people working on Indian child welfare issues.

ICWA Info is designed to provide the public with information and timely updates about all things related to Indian child welfare and the Indian Child Welfare Act (ICWA).  This would include,  but is not limited to:

• news about lawsuits related to ICWA in tribal, state, and federal courts,
• related training and conferences,
• legal developments, analysis, and research resources,
• information about relevant groups and agencies,
• and job postings.

While it is a news blog, covering current events, ICWA Info also serves as a growing collection of information for those who want to know more about Indian child welfare issues.  It is a resource that will be useful to tribal leaders, attorneys and judges, social workers, and families—anyone affected by Indian child welfare issues. 

Please visit the site and sign up for updates via email or RSS.  Also, if you have ICWA-related information or websites that you think we should include, please use the contact form to let us know.  We look forward to hearing from you.

David Selden
National Indian Law Library/NARF

March 22, 2013

NILL added new content to 8 Indian Law Bulletins on 3/22

Supreme Court
* U.S. Supreme Court Bulletin
On 3/11/13, petition for certiorari was filed in Valezuela v. Silversmith, Inc. (exhaustion of tribal court remedies) and on 3/18/13 certiorari was denied in The New 49'ers v. Karuk Tribe of California (Endangered Species Act).

* U.S. Courts of Appeals Bulletin
Cases featured:
United States v. Alvirez (assault on Indian reservation)

 * U.S. Federal Trial Courts Bulletin
Cases featured:
Allen v. Smith (disenrollment)
Kinlichee v. United States (common law adoption)

* State Courts Bulletin
Cases featured:
Williams v. Ketchikan Gateway Borough (real property, taxation)

* News Bulletin
We feature an article in the "Tribal Jurisdiction" section regarding the Violence Against Women Act and jurisdictional limits for Alaska tribes.

* Law Review & Bar Journal Indian Law Bulletin
We feature 5 articles this week including 2 relating to Indian gaming and bankruptcy.

* Regulatory Bulletin
The National Coordination Committee on the American Indian/Alaska Native (AI/AN) Sexual Assault Nurse Examiner (SANE)—Sexual Assault Response Team (SART) Initiative ("National Coordination Committee" or "Committee") will meet to carry out its mission to provide valuable advice to assist the Office for Victims of Crime (OVC) to promote culturally relevant, victim-centered responses to sexual violence within AI/AN communities.

* U.S. Legislation Bulletin
Two new bills were added:
S.477 - Tribal Gaming Eligibility Act
H.R.1278 - To amend the Trademark Act of 1946 regarding the disparagement of Native American persons or peoples through marks that use the term "redskin", and for other purposes.

March 18, 2013

Native Land Law – Upcoming CLE Series

Native Land Law: General Principles of Law Relating to Native Lands and Natural Resources is a 2012 treatise, published by Thomson Reuters West LegalEdcenter in partnership with the Indian Law Resource Center.  It compiles and analyzes federal law relating to American Indian lands and resources and suggests alternative approaches supported by existing federal law, constitutional analysis, and application of international human rights norms. 
The book is a companion to the Native Land Law continuing legal education (CLE) series, which will be held Native Land Law treatiseperiodically throughout 2013.  The series provides an overview of the 17 legal principles in Native Land Law and offers analysis of federal laws and policies that impact the field of Indian law today.  Topics will include:

  • Fundamentals of Policy and History
  • Discovery Doctrine, Plenary Power & Termination
  • Treaties
  • Trusteeship & Trust Title
  • Self-Determination
  • Taxation (Tribal, Federal and State)

On April 9, 2013 (1pm-3pm Central), West LegalEdcenter, in partnership with the Indian Land Tenure Foundation (ILTF), will be offering Native Land Law 101: Fundamentals of Policy and History, the first program in the Native Land Law Series. In addition to the live webcast, registrants will receive access to the on-demand video for 180 days.  (The on-demand version may or may not be accredited in your state.)  To learn more and register, please click here.  Through its partnership with West, NILL/NARF is able to offer a special discount to this program – the promotion code ILTF2013 will be good for a 25% discount to any ILTF program this year.

March 15, 2013

NILL added new content to 7 Indian Law Bulletins on 3/15

 * U.S. Courts of Appeals Bulletin
Cases featured:
United States v. Robertson (embezzlement and willful misapplication of tribal property)
McGuire v. United States (inverse condemnation, unconstitutional taking)

 * U.S. Federal Trial Courts Bulletin
Cases featured:
Butler v. Fortunes Asian Cuisine (injuries, tribal casino restaurant)
Villegas v. United States (federal sovereign immunity)

* State Courts Bulletin
Cases featured:
In re. Yakima River Drainage Basin (tribal water rights)
Seminole Tribe of Florida v. Hendry County (zoning ordinance)

* News Bulletin
We feature an article in the "Intergovernmental" section about the designation of the site of the Battle of Honey Springs and other significant American Indian sites as National Historic Landmarks. 

* Law Review & Bar Journal Indian Law Bulletin
We feature an article relating to inconsistencies in the Native American Graves and Repatriation Act.

* Regulatory Bulletin
The Department of Homeland Security, Federal Emergency Management is requesting comments from tribes regarding current procedures to request emergency and major disaster declarations. 

* U.S. Legislation Bulletin
The following bill was added: H.R.1041 - PRE-K Act (early education and grants to tribes)

March 13, 2013

NCAI & the Tribal Law and Policy Institute Webinar: Implementing VAWA's Expanded Jurisdiction in Tribal Courts

On Friday, April 5, 1:30-3:30 (Eastern Time), the National Congress of American Indians and the Tribal Law and Policy Institute will host a webinar to discuss some of the changes implemented by the Violence Against Women Act 2013 reauthorization.  The Violence Against Women Act includes a provision which expands tribal court jurisdiction over all persons for certain crimes committed on the reservation.   In order to exercise this expansion of jurisdiction, tribal courts must meet certain requirements which will be discussed during this webinar.  Register online at

March 12, 2013

Action Plan for the Protection of Indian Sacred Sites Released

Last week, an interagency group, including the Departments of Agriculture, Defense, Energy, Interior and the Advisory Council on Historic Preservation , released an action plan to strengthen the protection of Indian sacred sites and provide greater tribal access to these areas.  The plan outlines actions that the agencies will undertake together as well as committing senior staff to serve on a working committee.  The plan also commits the groups to consult with tribes in developing and implementing the actions.  A copy of the action plan is available here and the DOI press release is available here.  Learn more about sacred sites at the related NILL research page.
participating agency logos

March 7, 2013

NILL added new content to 8 Indian Law Bulletins on 3/07

U.S. Supreme Court image
* U.S. Supreme Court Bulletin 
On 2/25/13, petition for certiorari was filed in Native Village of Kivalina v. Exxon Mobil Corporation, Inc. (public nuisance doctrine, climate change).

Cases featured:
Muwekma Ohlone Tribe v. Salazar (federal recognition) 

Cases featured:
Quechan Tribe of Fort Yuma Indian Reservation v. U.S. Dep't of Interior (wind turbines, cultural impacts)

* State Courts Bulletin 
Cases featured:
Miccosukee Tribe of Indians of Florida v. United States (tribal sovereign immunity, IRS summons enforcement proceedings)

* News Bulletin 
We feature an article in the "Intergovernmental" section relating to sequester-related education cuts impacting Indian reservations.

* Law Review & Bar Journal Indian Law Bulletin  
We feature an article relating to human rights violations and the Sisseton-Wahpeton Oyate.

* Regulatory Bulletin 
One of the items featured is a proposed rule from the Department of Commerce, National Oceanic and Atmospheric Administration regarding tribal limits on harvesting groundfish.

* U.S. Legislation Bulletin
Three new bills were added:
1) S.385 - A bill to deem the submission of certain claims to an Indian Health Service contracting officer as timely.
2) H.R.841 - To amend the Grand Ronde Reservation Act to make technical corrections, and for other purposes.
3) S.402 - To provide for the addition of certain real property to the reservation of the Siletz Tribe in the State of Oregon.

March 1, 2013

NILL added new content to 6 Indian Law Bulletins on 3/01

 * U.S. Federal Trial Courts Bulletin
Cases featured:
Inetianbor v. Cashcall, Inc. (tribal court jurisdiction, loans)
Crow Tribal Housing Authority v. HUD (tribal housing)
King Mountain Tobacco Company, Inc. v. Alcohol and Tobacco Tax and Trade Bureau (tobacco, taxation)
In re Barth (bankruptcy, per capita payments)
Shingle Springs Band of Miwok Indians v. Caballero (trademarks)
Northern Arapaho Tribe and Jim Shakespeare of Miwok Indians v. Ashe (Religious Freedom Restoration Act, eagle protction)

* State Courts Bulletin
Cases featured:
In re Guardianship of LNP (Indian Child Welfare Act, guradianship)

* News Bulletin
We feature an article in the "Tribal Jurisdiction" section relating to problems curbing criminal activity on Indian lands.

* Law Review & Bar Journal Indian Law BulletinWe feature an article relating to tribal participation in inter-state water compacts

* Regulatory Bulletin
One of the items featured is a notice form the Department of Health and Human Services, Administration for Children and Families regarding a request for public comment on the proposed adoption of Administration for Native Americans program policies and procedures.

* U.S. Legislation Bulletin
One new bill was added:
1) H.R.666 - To amend the Act of June 18, 1934, to reaffirm the authority of the Secretary of the Interior to take land into trust for Indian tribes.