NILL added new content to the Indian Law Bulletins on 12/19

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2016-2017update.html
Petition was filed in Meyers v. Oneida Tribe of Indians of Wisconsin (Tribal Sovereign Immunity) on 12/7/16.

U.S. Courts of Appeals Bulletin
http://www.narf.org/nill/bulletins/cta/2016cta.html
Confederated Tribes and Bands of the Yakama Indian Nation v. Alcohol and Tobacco Tax and Trade Bureau (Tobacco - Federal Excise Tax)

U.S. Federal Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/2016dct.html
Tribe v. Fleming (Indian Child Welfare Act - Due Process Clause)
Navajo Health Foundation v. Burwell (Indian Health Service Contracts)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2016state.html
Stand Up for California! v. State (Land into Trust; Gaming)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Land & Water section, we feature articles about recent Indian water settlements.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2016fr.html
We feature a Department of Justice notice of federal concurrent jurisdiction with the Hoopa Valley Tribe.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2016lr.html
Here are the articles featured this week:
Is the Indian Child Welfare Act losing steam?: Narrowing non-custodial parental rights after Adoptive Couple v. Baby Girl.
Religious Freedom Restoration Act--substantial burden--Ninth Circuit holds that federal cannabis prohibition is not a substantial burden.--Oklevueha Native American Church of Hawaii, Inc. v. Lynch, 828 F.3d 1012 (9th CIR. 2016).

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/114_uslegislation.html
These bills were added:
S.612: Water Infrastructure Improvements for the Nation (WIIN) Act.
S.817: A bill to provide for the addition of certain real property to the reservation of the Siletz Tribe in the State of Oregon.
S.818: A bill to amend the Grand Ronde Reservation Act to make technical corrections, and for other purposes.

NILL added new content to the Indian Law Bulletins on 12/12

U.S. Federal Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/2016dct.html
Native American Arts, Inc. v. Peter Stone Co., U.S.A., Inc. (Indian Arts and Crafts Act)

Pacific walruses winter in the Bering Sea.

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Environment & Energy section, we feature a story on the Obama executive order creating the Northern Bering Sea Climate Resilience Area.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2016fr.html
We feature a notice of the Department of Health & Human Services, Indian Health Services, of grants available for the Methamphetamine and Suicide Prevention Initiative (Short Title: MSPI)--Generation Indigenous (GEN-I) Initiative Support.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2016lr.html
Here are the articles featured this week:
Grand Canyon Trust v. Williams: Tribal land protection and the battle for Red Butte.
Blackhawk down or Blackhorse down? The Lanham Act's prohibition of trademarks that "may disparage" & the First Amendment.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/114_uslegislation.html
These bills were added:
S.612: Water Infrastructure Improvements for the Nation (WIIN) Act.
S.2012:  North American Energy Security and Infrastructure Act of 2016.

NILL added new content to the Indian Law Bulletins on 12/5

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2016-2017update.html
Petition was filed in Nisenan Tribe of Nevada City Rancheria v. Jewell (Statute of Limitations; nunc pro tunc ruling) on 11/3/16.
In addition, see the Tribal Supreme Court Update Memoranda of December 5, 2016.

U.S. Federal Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/2016dct.html
United States v. Jim (Federal Taxation - Individual Tribal Gaming Payments)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2016state.html
In re Adoption of Micah H. (Indian Child Welfare Act - Active Efforts)
In re O.C. (Indian Child Welfare Act - Notice)
Guardianship of C.H.S. (Indian Child Welfare Act - Transfer to Tribal Court)
In re Charlotte V. (Indian Child Welfare Act - Notice)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Environment & Energy section, we feature an article about Trump advisors' aim to privatize oil-rich Indian reservations.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2016fr.html
The Department of Agriculture has announced a public meeting of the Council for Native American Farming and Ranching

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2016lr.html
Here are the articles featured this week:
Operationalizing FPIC.
Protecting the free-ranged kid: Recalibrating parents' rights and the best interests of the child.
Redskins: The property right to racism.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/114_uslegislation.html
These bills and resolution were added:
H.R.6363: To amend the Internal Revenue Code of 1986 to extend for two years the Indian employment credit.
H.R.6362: To amend the Internal Revenue Code of 1986 to extend for one year the Indian employment credit.
S.3482: Navajo Utah Water Rights Settlement Act of 2016.
S.Res.619: A resolution recognizing National Native American Heritage Month and celebrating the heritages and cultures of Native Americans and the contributions of Native Americans to the United States.

NILL added new content to the Indian Law Bulletins on 11/17

U.S. Courts of Appeals Bulletin
http://www.narf.org/nill/bulletins/cta/2016cta.html
Upstate Citizens for Equality, Inc. v. United States (Land into Trust)

U.S. Federal Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/2016dct.html
Seminole Tribe of Florida v. Florida (Tribal-State Gaming Compacts - Good Faith Negotiations)
Schlemm v. Wall (Religious Land Use and Institutionalized Persons Act - Prisoner Rights)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2016state.html
In re H.S. (Indian Child Welfare Act - Termination of Parental Rights)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Environment & Energy section, we feature some of the best articles on the Dakota Access pipeline situation.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2016fr.html
We feature some adopted rules of the Department of Interior, Bureau of Land Management, regarding Indian oil and gas leases.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2016lr.html
Environmental jurisdiction in Indian Country: Why the EPA should change its definition of Indian agency jurisdiction under the Safe Drinking Water Act.
Tribes, treaties, and the trust responsibility: A call for co-management of huckleberries in the Northwest.
From running touchdowns to running away with the casket: Thorpe v. Borough of Jim Thorpe.
Public funding and the road to Damascus: the legacy of Employment Division v. Smith.
Emulsified property.
Traditional knowledge rights and wrongs.

NILL added new content to the Indian Law Bulletins on 11/08

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2016-2017update.html
Petitions were filed in Mackinac Tribe v. Jewell (Federal Acknowledgment Process) and in Citizens Against Reservation Shopping v. Jewell (Land into Trust; Recognized Indian Tribe under Federal Jurisdiction) on 10/27/16. Petition was denied in Wolfchild v. Redwood County (Trespass and Ejectment) on 11/7/16.

U.S. Federal Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/2016dct.html
United States v. State of Washington (Treaty Right to Take Shellfish)
California Valley Miwok Tribe v. Jewell (Official Tribal Government)
Pueblo of Pojoaque v. State of New Mexico (Tribal-State Gaming Compact - Negotiations)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2016state.html
In the Matter of the Adoption of T.A.W., R.B. and C.B. (Indian Child Welfare Act - Termination of Parental Rights)
Wells Fargo Bank v. Apache Tribe of Oklahoma (Arbitration)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Economic Development section, we feature some articles discussing the possible future of cultivation and sale of marijuana on Indian reservations.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2016fr.html
We feature a notice of guidelines stating principles for working with federally recognized Indian tribes of the Department of Human Services, Administration for Children and Families.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2016lr.html
Dollar General v. Mississippi Band of Choctaw Indians: Where do we go from here?
Tribal self-governance extended to U.S. Department of Transportation.
College of Law committed to Native Law program.
Indigenous health policy in the United States and Latin America: The Marshall trilogy and the international human rights approach.
Thinking outside the bars: Using Hawaiian traditions and culturally-based healing to eliminate racial disparities within Hawai'i's criminal justice system.
Pipelines, Protests and General Permits.
Congress, tribal recognition, and legislative-administrative multiplicity.
From dysfunction and polarization to legislation: Native American religious freedom rights and Minnesota autopsy law.
Passage and flow considered anew: wild salmon restoration via hydro relicensing.
A proper seat at the table: affirming a broad Winters right to groundwater.
Federally reserved rights and interstate groundwater allocation.
The Winters doctrine: is it just about quantity?
Tribal reserved water rights to groundwater as recognized in settlements and litigation: status and trends.
Agua Caliente and the argument for aboriginal rights to groundwater.
Why Obergefell should not impact American Indian tribal marriage laws.

NILL added new content to the Indian Law Bulletins on 10/24

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2016-2017update.html
The Tribal Supreme Court Update Memoranda of September 21, 2016, is available at the Tribal Supreme Court Project website.

Petition for Certiorari was filed in Patchak v. Jewell (Separation of Powers; Due Process) and R.P. v. LA County Department of Children and Family Services (Indian Child Welfare Act).

U.S. Courts of Appeals Bulletin
http://www.narf.org/nill/bulletins/cta/2016cta.html
Williams v. Poarch Band of Creek Indians (Age Discrimination)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Culture & Tradition section,
we feature articles about Chief Wahoo, the Cleveland Indians baseball team mascot.


U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2016fr.html
We feature a notice of a model Indian juvenile code from the Bureau of Indian Affairs.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/114_uslegislation.html
One bill became law:
S.246: Alyce Spotted Bear and Walter Soboleff Commission on Native Children Act.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2016lr.html
Habitat protection and Native American treaty fishing in the Northwest.
Using vector space models to understand the circulation of habeas corpus in Hawai'i, 1852–92.
Native American use of eagle feathers under the Religious Freedom Restoration Act.

NILL added new content to the Indian Law Bulletins on 10/17

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2016-2017update.html
Petition for Certiorari was filed in Wolfchild v. Redwood County (Common law claims of trespass and ejectment)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Sacred Places section, we feature a couple of articles on the possible Bears Ears National Monument.
 
State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2016state.html
United Auburn Indian Community of the Auburn Rancheria v. Edmund G. Brown, Jr. (Indian Child Welfare Act - Transfer to Tribal Court)

U.S. Federal Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/2016dct.html
Sanchez v. Cegavske (Voting Rights)
In re: Greektown Holdings, LLC v. Papas (Bankruptcy; Tribal Sovereign Immunity )

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2016fr.html
We feature the Department of Interior's final rule on procedures for reestablishing a formal government-to-government relationship with the Native Hawaiian community.

NILL added new content to the Indian Law Bulletins on 10/10

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2016-2017update.html
Petition for Certiorari was granted in Lee v. Tam  (Trademarks)
Petition for certiorari was denied in these four cases:
Flute v. U.S. (Fiduciary Duty)
Jones v. Norton (Bad man clause)
Kelsey v. Bailey (Tribal Jurisdiction; Indian Civil Rights Act)
Pro-Football v. Blackhorse, et al. (Trademarks)

U.S. Courts of Appeals Bulletin
http://www.narf.org/nill/bulletins/cta/2016cta.html
Standing Rock Sioux Tribe v. United States Army Corps of Engineers

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Land & Water section, we feature a story about a law passed by Congress to restore land to several tribes in Nevada. 

U.S. Federal Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/2016dct.html
A.D. v. Washburn (Indian Child Welfare Act)
Sisseton-Washington Oyate of the Lake Traverse Reservation v. U.S. Corps of Engineers (Sacred Places; National Historic Preservation Act; Clean Water Act)

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2016lr.html
These articles were added:
Who's in and who's out: Congressional power over individuals under the Indian Commerce Clause.
Indigenous identity, cultural harm, and the politics of cultural production: a commentary on Riley and Carpenter's "Owning Red."
Making resources, making management.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2016fr.html
The Environmental Protection Agency has issued proposed rules on federal baseline water quality standards for Indian reservations. 

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/114_uslegislation.html
One bill became law:
H.R.2733: Nevada Native Nations Land Act.
One bill was added:
H.R.3682: Reducing Employer Burdens, Unleashing Innovation, and Labor Development Act of 2015.

NILL added new content to the Indian Law Bulletins on 9/29

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2016-2017update.html
Petition for certiorari was granted in Lewis v. Clarke (Tribal Sovereign Immunity)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
We feature articles about the recent White House Tribal Leaders Conference as well as a settlement of mismanaged monetary assets and natural resources held in trust by the United States for the benefit of tribes.

U.S. Federal Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/2016dct.html
Littlefield v. U.S. Dept. of the Interior (Land into Trust)
Navajo Nation v. Urban Outfitters, Inc. (Trademarks)

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2016lr.html
These articles were added:
Reconciling patent law and traditional knowledge: Strategies for countries with traditional knowledge to successfully protect their knowledge from abuse.
Spreading justice to rural Montana: Expanding local legal services in underserved rural communities.
Let the jury fit the crime: Increasing Native American jury pool representation in Federal judicial districts with Indian Country criminal jurisdiction.
Sacred in the city: the Huron Indian Cemetery and the preservation laws.
Challenge-flag thrown: the trademark trial and appeal board's cancellation of the Redskins' trademarks and pro-football's chances on appeal.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2016fr.html
We feature an adopted rule from the Environmental Protection Agency regarding treating tribes as states under provisions of the Clean Water Act.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/114_uslegislation.html
The following bill and resolution were added:
S.1579: Native American Tourism and Improving Visitor Experience Act (NATIVE Act).
S.Res.577: A resolution commemorating the 50th anniversary of the Alaska Federation of Natives.

NILL added new content to the Indian Law Bulletins on 9/26

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2016-2017update.html
The Tribal Supreme Court Update Memoranda of September 21, 2016, the project's website. 

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Sacred Places section, we feature a couple of articles about the status of historic massacre sites.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2016lr.html
These articles were added:
Case comment: Adoptive Couple v. Baby Girl, 133 S.Ct. 2552.
The saga continues: the Redskins, Blackhorse, and the future of Native American trademarks in sports.
Human rights, Indigenous Peoples, and the pursuit of justice.
Chevron and Blackfeet: the battle for deference in the Sixth Circuit.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2016fr.html
We feature a proposed rule of the Department of Interior relating to appraisals and valuations of Indian property.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/114_uslegislation.html
The following bills were added:
S.3365: A bill to amend the Internal Revenue Code of 1986 to improve the treatment of pension and employee benefit plans maintained by tribal governments.
H.R.6081: Moapa Band of Paiutes Land Conveyance Act.
H.R.6082: Know Your Oil Act of 2016.
H.R.6115: To fulfill the land conveyance requirements under the Alaska Native Claims Settlement Act for the Alaska Native Village of Canyon Village, and for other purposes.
S.Res.572: A resolution designating November 5, 2016, as National Bison Day.
is available at

NILL added new content to the Indian Law Bulletins on 9/16

U.S. Federal Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/2016dct.html
Poarch Band of Creek Indians v. Moore (Trust Lands - Real Property Taxation)
Dakota Access, LLC v. Archambault (Temporary Restraining Order; Oil Pipeline Construction)
Efrain Hildalgo v. PA Department of Corrections (Religious Land Use and Institutionalized Persons Act - Prisoner Rights)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2016state.html
In re Michael V. (Indian Child Welfare Act - Application of)
Matter of M.H.C. (Indian Child Welfare Act - Transfer to Tribal Court)
In re A.B. (Indian Child Welfare Act - Application of)
In re Andrew S. (Indian Child Welfare Act - Application of)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Land & Water section, see an article about U.S. legislation to settle water rights claims with the Hualapai Tribe in Arizona.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2016lr.html
These articles were added:
Gambling with equal protection: Connecticut's exploitation of Mancari and the tribal gaming framework.
Traditional ecological rulemaking.
An Indigenous People's right to environmental self-determination: Native Hawaiians and the struggle against climate change devastation.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2016fr.html
We feature a proposed rule of the Department of Transportation, Federal Highway Administration, on tribal transportation self-governance program.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/114_uslegislation.html
The following bills were added:
S.3343: A bill to authorize the Attorney General to provide a grant to assist Federal, State, tribal, and local law enforcement agencies in the rapid recovery of missing individuals.
H.R.6028: Repealing Existing Substandard Provisions Encouraging Conciliation with Tribes (RESPECT) Act.
S.2848: Water Resources Development Act of 2016.
S.3254: Spearfish Canyon and Bismarck Lake Land Exchange Act.
H.R.5556: Great Bend of the Gila National Monument Establishment Act.
H.R.5780: Utah Public Lands Initiative Act.
H.R.5984: Pechanga Band of Luiseno Mission Indians Water Rights Settlement Act.
H.R.6060: To provide for the equitable settlement of certain Indian land disputes regarding land in Illinois, and for other purposes.

NILL added new content to the Indian Law Bulletins on 9/9

U.S. Courts of Appeals Bulletinhttp://www.narf.org/nill/bulletins/cta/2016cta.html
Meyers v. Oneida Tribe of Indians of Wisconsin (Tribal Sovereign Immunity; Fair and Accurate Transaction Act)

U.S. Federal Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/2016dct.html
Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers (Dakota Access Pipeline; Injunctions)
Stand Up for California! v. U.S. Department of the Interior (Land Into Trust; Gaming)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2016state.html
In re Estate of Colombe (Comity; Probate)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
We feature articles on the latest developments relating to the Dakota Access Pipeline project. In the Recognition & Enrollment section, we feature an article about the U.S. House committee scheduled markup on a federal recognition bill.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2016lr.html
These articles were added:
President Nixon's Indian law legacy: a counterstory.
Principles of International law that support claims of Indian tribes to water resources.
Crime and governance in Indian Country.
Recentering tribal criminal jurisdiction.
Tribal sovereignty, tribal court legitimacy, and public defense.
The double-edged sword of sovereignty by the barrel: how Native nations can wield environmental justice in the fight against the harms of fracking.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2016fr.html
The Department of Health and Human Services, Administration for Children and Families, announces tribal consultation meetings regarding the Improving Head Start for School Readiness Act of 2007.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/114_uslegislation.html
Two new bills were added:
S.3293: A bill to require the Secretary of the Interior to transfer to the Shoshone-Paiute Tribes of the Duck Valley Reservation investment income held in certain funds.
S.3300: A bill to approve the settlement of water rights claims of the Hualapai Tribe and certain allottees in the State of Arizona, to authorize construction of a water project relating to those water rights claims, and for other purposes.

NILL added new content to the Indian Law Bulletins on 8/31

U.S. Courts of Appeals Bulletin
http://www.narf.org/nill/bulletins/cta/2016cta.html
Keli'i Akina, et al. v. State of Hawaii, et al. (Elections; Native Hawaiians)
Alvarez v. Lopez (Indian Civil Rights Act - Right to a Jury Trial)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Health & Welfare section, we feature an article about Indian Health Service tribal management grants.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2016lr.html
These articles were added:
Recent developments—riverboat casinos and tribal sovereignty issues in gaming bankruptcy cases.
Thompson v. Fairfax County Department of Family Services: determining the best interests of the Indian child.
Contact the National Indian Law Library if you need help obtaining copies of articles.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2016fr.html
We feature a proposed rule of the Office of Personnel Management on making Federal employee health insurance accessible to employees of certain Indian tribal entities.

NILL added new content to the Indian Law Bulletins on 8/26

U.S. Courts of Appeals Bulletin
http://www.narf.org/nill/bulletins/cta/2016cta.html
Jamul Action Committee v. Chaudhuri (Indian Gaming Regulatory Act - NEPA Review)

U.S. Federal Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/2016dct.html
Enable Oklahoma Intrastate Transmission, LLC v. A 25 Foot Wide Easement (Tribal Sovereign Immunity; Easements)
Gingras  v. Rosette (Payday Loans)

News Bulletin

http://www.narf.org/nill/bulletins/news/currentnews.html
We feature 41 articles this week. A few of the articles in the Environment & Energy, Intergovernmental, and Land & Water sections are about the Dakota Access oil pipeline project; we also feature an article about a food sovereignty project in the Health & Welfare section of the News Bulletin.   

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2016lr.html
These articles were added:
Our corrosive oceans: exploring regulatory responses and a possible role for tribes.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2016fr.html
One of the items featured is an announcement from the U.S. Sentencing Commission about establishing a tribal advisory group.

NILL added new content to the Indian Law Bulletins on 8/18

U.S. Courts of Appeals Bulletin
http://www.narf.org/nill/bulletins/cta/2016cta.html
United States v. Lasley (Sentencing - Guidelines to Major Crimes Act)

U.S. Federal Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/2016dct.html
Frank's Landing Indian Community v. National Indian Gaming Commission (Indian Gaming Regulatory Act - Indian Tribes Eligible for Gaming)
Pakootas v. Teck Cominco Metals, LTD (Regulation of Air Pollution)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2016state.html
Gila River Indian Community v. Department of Child Safety (Indian Child Welfare Act - Transfer to Tribal Court)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Land & Water section, we feature an article on the Alaska land-into-trust battle.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2016lr.html
These articles were added:
Implementing and defending the Indian Child Welfare Act through revised State requirements.
Indian treaty fishing rights and the environment: affirming the right to habitat  protection and restoration.
Cannabis on tribal lands: an alternative to Michigan regulation of marijuana?
The crown lands trust: who were, who are, the beneficiaries?

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2016fr.html
The Bureau of Indian Affairs published a rule on the leasing of Osage Reservation lands for oil and gas mining.

NILL added new content to the Indian Law Bulletins on 8/11

U.S. Courts of Appeals Bulletin
http://www.narf.org/nill/bulletins/cta/2016cta.html
Ute Indian Tribe of the Uintah and Ouray Reservation v. Myton (Reservation Boundaries)
Bodi v. Shingle Springs Band of Miwok Indians (Tribal Sovereign Immunity - Waiver)

U.S. Federal Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/2016dct.html
North Fork Rancheria of Mono Indians of California v. State of California (Gaming Compacts - Good Faith Negotiations)
James Raymond Acres v. Blue Lake Rancheria Tribal Court (Jurisdiction - Exhaustion of Tribal Court Remedies)
Jamul Action Committee v Jonodev Chaudhuri (Indian Lands Eligible for Gaming)
Tanner-Brown v. Jewell (Class Actions; Fiduciary Duties; Standing)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Environment & Energy section, we feature some articles on tribes impacting the fossil fuel industry and policy on climate change.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2016lr.html
These articles were added:
Protecting tribal skies: why Indian tribes possess the sovereign authority to regulate tribal airspace.
A starving culture: Alaskan Native Villages fight to use traditional hunting and fishing grounds.
Federal statutory responsibility and the mental health crisis among American Indians.
Lessons learned: avoiding the hardships of tribal mineral leasing in the development of Oklahoma tribal wind energy.
Nothing personal (or subject matter) about it: jurisdictional risk as an impetus for non-tribal opt-outs from tribal economies, and the need for administrative response.
The Great Sioux Nation v. the "Black Snake": Native American rights and the Keystone XL pipeline.
Indigenous issues under the European Convention of Human Rights, reflected in an inter-American mirror.
Mexican energy reform, climate change, and energy justice in Indigenous communities.
Sovereignty and Indigenous Peoples in North America.
California's REDD rubberstamp: avoiding constitutional concerns, but at what cost?

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2016fr.html
The Bureau of Indian affairs, Bureau of Indian Education, announces a scheduled meeting of the Advisory Board for Exceptional Children to meet the mandates of the Individuals with Disabilities Education Act of 2004 for Indian children with disabilities.

NILL added new content to the Indian Law Bulletins on 8/5

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2015-2016update.html
Petition for certiorari was filed on 7/13/16 in Jones v. Norton (Wrongful Death)

U.S. Courts of Appeals Bulletin
http://www.narf.org/nill/bulletins/cta/2016cta.html
United States v. Lamott (Violence Against Women Act)
United States v. Alvirez (Crimes - Indian Status)
Confederated Tribes of Grand Ronde Community of Oregon v. Jewell (Land into Trust; Recognized Indian Tribe under Federal Jurisdiction)

U.S. Federal Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/2016dct.html
Brakebill v. Jaeger (Voting Rights - ID Requirements)
Littlefield v. Department of Interior (Land into Trust - Federal Acquisition)
Little Traverse Bay Bands of Odawa Indians v. Snyder (Reservation Diminishment)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2016state.html
Findleton v. Coyote Valley Band of Pomo Indians (Sovereign Immunity - Construction Contracts)
Seminole Tribe of Florida v. Schinneller (Sovereign Immunity; Personal Injury - Slip and Fall)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Economic Development and Intergovernmental sections, we feature articles about tribal marijuana businesses.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/114_uslegislation.html
One new bill was added:
H.R.5926: Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2017. See TITLE III DEPARTMENT OF EDUCATION: INDIAN EDUCATION.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2016lr.html
These articles were added:
Tribal leakage: How the curse of trust land impedes tribal economic self-sustainability.
Biagaweit: securing water from the mighty river in the Snake River Basin Adjudication.
What is the federal reserved water rights doctrine, really? Answering this question in Idaho's Snake River Basin Adjudication.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2016fr.html
We feature a notice from the Bureau of Census relating to tribal consultation meetings being held across the U.S. to get feedback on the 2020 census.

NILL added new content to the Indian Law Bulletins on 7/29

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2015-2016update.html
Petition for certiorari was filed on 7/7/16 in Kelsey v. Bailey (Indian Civil Rights Act - Due Process)

In addition, see the Tribal Supreme Court Update Memoranda of July 14, 2016.

U.S. Courts of Appeals Bulletin
http://www.narf.org/nill/bulletins/cta/2016cta.html
Mackinac Tribe v. Jewell (Tribal Federal Recognition)
Patchak v. Jewell (Land into Trust)
Poarch Band of Creek Indians, Plaintiff-Counter Defendant-Appellee, v.
James Hildreth, Jr., in his official capacity as Tax Assessor of Escambia County, Alabama, Defendant-Counter Claimant-Appellant (Indian Lands - Taxation)
United States v. Barnett (Embezzling Funds from Indian Tribe)

U.S. Federal Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/2016dct.html
Renteria v. Shingle Springs Band of Miwok Indians (Child Custody - Tribal Court Jurisdiction)
United States of America vs. Tawnya Bearcomesout (Double Jeopardy)
Green v. Director/Secretary, California Department of Corrections and Rehabilitation (Prisoners - Religious Freedom)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2016state.html
In re Abbigail A. (Indian Child Welfare Act - Application of)
In re Alexandria P. (Indian Child Welfare Act - Placement)
In re Isaiah W. (Indian Child Welfare Act - Notice)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Intergovernmental section, we feature some articles about national Republican and Democrat positions relating to Native Americans.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/114_uslegislation.html
Seven new bills were added:
S.3234: Indian Community Economic Enhancement Act of 2016.
S.3261: A bill to establish a business incubators program within the Department of the Interior to promote economic development in Indian reservation communities.
S.3273: A bill to make technical corrections to the Alaska Native Claims Settlement Act, and for other purposes.
H.R.5909: To ensure equitable treatment of Shee Atika, Incorporated under the Alaska Native Claims Settlement Act by facilitating the transfer of land on Admiralty Island, Alaska and for other purposes.
S.3216: A bill to repeal the Act entitled "An Act to confer jurisdiction on the State of Iowa over offenses committed by or against Indians on the Sac and Fox Indian Reservation."
H.R.5811: To authorize the Secretary of the Interior to assess sanitation and safety conditions at Bureau of Indian Affairs facilities that were constructed to provide treaty tribes access to traditional fishing grounds and expend funds on construction of facilities and structures to improve those conditions, and for other purposes.
H.R.5854: To amend title 18, United States Code, to enhance protections of Native American cultural objects, and for other purposes.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2016lr.html
These articles were added:
The place of the First Peoples in the international sphere: a logical starting point for the demand for justice by Indigenous Peoples.
Commentary: federal treaty and trust obligations, and ocean acidification.
Practical reasoning and the application of general federal regulatory laws to Indian Nations.
Plenary power, political questions, and sovereignty in Indian affairs.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2016fr.html
The Department of the Interior, Bureau of Indian Affairs, provided a notice of training sessions on the new Indian Child Welfare Act regulations.

Two Lesser-Known Law Journals Covering Native American Law

We would like to bring to your attention two electronic-only law journals relating specifically to Native American law.

 American Indian Law Journal 

One of the law journals is the American Indian Law Journal (AILJ) published by Seattle University School of Law since 2012. “AILJ is designed to fill a critical gap in the amount of current scholarship available to those interested in the rapidly developing field of Indian law.” Full-text articles are currently available via the law school’s website. Look for articles to appear on Digital Commons, Westlaw, and Lexis in the near future. Article submissions should be sent directly to sticeb@seattleu.edu or through the “ExpressO” website. (Spring deadline is January 15, 2017.) AILJ accepts articles and abstracts from students, practitioners, and faculty.

Tribal Law Journal

The other law journal is the Tribal Law Journal (TLJ) available from the University of New Mexico School of Law. The Journal was established in 1998 “for the purpose of promoting indigenous self-determination by facilitating discussion of the internal law of the world's indigenous nations. The internal law of indigenous nations encompasses traditional law, western law adopted by indigenous nations, and a blend of western and indigenous law. Underscoring this purpose is the recognition that traditional law is a source of law.” In addition to finding articles on the law school website, selected articles are also published on Lexis. Included on the website is also the Tribal Law Journal blog which is updated throughout the academic year. The TLJ blog consists of commentary on recent and past events at UNM School of Law and the wider Albuquerque Indigenous community, such as lectures or visits by Indian/Indigenous law scholars. Also on the TLJ blog is a variety of commentary on personal experiences with Indian/Indigenous law and the impact it has on students and Indigenous communities. One can submit articles to the TLJ via  tlj@law.unm.edu or through the “ExpressO” website.

NILL added new content to the Indian Law Bulletins on 7/11

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2015-2016update.html
Petition for certiorari was filed on 5/26/16 in Flute v. U.S. (Fiduciary Duty) and six petitions for certiorari were denied on 6/27/16:
1) California v. Pauma Band of Luiseno Mission Indians of the Pauma & Yuima Reservation (Gaming - Limited Waiver);
2) Pauma Band of Mission Indians v. California (Indian Gaming Regulatory Act - Bad Faith Negotiations),
3) Little River Band of Ottawa Indians Tribal Government v. NLRB (National Labor Relations Act);
4) Soaring Eagle Casino and Resort v. NLRB (National Labor Relations Act);
5) Shinnecock Indian Nation v. New York (Laches - Monetary Damages);
6) Jensen v, EXC., Inc. (Tribal Jurisdiction)

U.S. Courts of Appeals Bulletin
http://www.narf.org/nill/bulletins/cta/2016cta.html
Aguayo v. Jewell (Tribal Membership Dispute)
United States v. Drapeau (Expert Testimony - Prior Court Convictions)
Akiachak Native Community v. United States Department of Interior (Land into Trust; Alaska Tribes)
United States v. Washington (Treaty Right to Fish - Culvert Impacts)

U.S. Federal Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/2016dct.html
Wyoming, et al v. U.S. Department of Interior, et al (Hydraulic Fracturing on Federal and Indian Lands)
Everette v. Mitchem (Tribal Sovereign Immunity - Tribal Lending Companies)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2016state.html
In re Jones/Lehmann (Michigan Indian Family Preservation Act, Indian Child Welfare Act)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
We feature over 30 articles this week. One article in the Sovereign Immunity section deals with federal safety laws and tribes.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/114_uslegislation.html
These two bills became law:
H.R.812: Indian Trust Asset Reform Act.
S.2212: To take certain Federal lands located in Lassen County, California, into trust for the benefit of the Susanville Indian Rancheria, and for other purposes.
These bills and resolutions were added:
S.Res.514: A resolution designating May 5, 2017, as the "National Day of Awareness for Missing and Murdered Native Women and Girls."
S.3127: Safeguard Tribal Objects of Patrimony (STOP) Act.
H.Con.Res.122: PROTECT Patrimony Resolution.
H.R.5633: To authorize and implement the water rights compact among the Blackfeet Tribe of the Blackfeet Indian Reservation, the State of Montana, and the United States, and for other purposes.
H.R.5700: To support the education of Indian children.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2016lr.html
This article was added:
Property, sovereignty, and governable spaces.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2016fr.html
We feature a civil penalty inflation adjustment rule of the National Indian Gaming Commission.

NILL added new content to the Indian Law Bulletins on 6/23

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2015-2016update.html
Petition for certiorari was filed on 5/26/16 in Tunica-Biloxi Gaming Authority v. Zaunbrecher (Tribal Sovereign Immunity).
Judgment was affirmed by an equally divided court in Dollar General Corporation v. Mississippi Band of Choctaw Indians on 6/23/16. 

U.S. Federal Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/2016dct.html
Tohono O'odham Nation v. Douglas A Ducey, et al (Motion to Compel - Closed Tribal Government Sessions)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2016state.html
Hamaatsa, Inc. v. Pueblo of San Felipe (Tribal Sovereign Immunity)
MMMG, LLC v. Seminole Tribe of Florida, Inc. (Tribal Sovereign Immunity)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
One of the articles featured in the Tribal Jurisdiction section is about the Supreme Court tie vote in the Dollar General case regarding the power of tribal courts to review civil cases involving the activities of nonmembers on native trust lands.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/114_uslegislation.html
These bills were added:
S.3068: Department of the Interior, Environment, and Related Agencies Appropriations Act, 2017.
S.3005: Alaska Land Use Council Act.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2016lr.html
These articles were added:
Liberte, egalite, fraternite: The United Nations Declaration of the Rights of Indigenous Peoples fails to protect Hopi katsinam from the auction block in France.
Looking to the third sovereign: Tribal environmental ethics as an alternative paradigm.
What should tribes expect from federal regulations? The Bureau of Land Management's fracking rule and the problems with treating Indian and Federal lands identically.
Protecting traditional water resources: Legal options for preserving tribal non-consumptive water use.
"Salmon is culture, and culture is salmon": Reexamining the implied right to habitat protection as a tool for cultural and ecological preservation.
A sacred responsibility: Governing the use of water and related resources in the International Columbia Basin through the prism of Tribes and First Nations.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2016fr.html
We feature a notice of the Bureau of Indian Affairs regarding tribal consultation sessions on probate regulation updates.

NILL added new content to the Indian Law Bulletins on 6/17

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2015-2016update.html
Petition for certiorari was filed on 6/13/16 in Lewis v. Clarke (Tribal Sovereign Immunity - Damages Actions Against Tribal Employees)
Find the latest Tribal Supreme Court Update Memoranda of June 15, 2016, at the Tribal Supreme Court Project website.

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2016state.html
O'Brien v. Berry (Protective Order - Precluded by Tribal Court Proceedings)
State, ex rel. Children, Youth and Families Department v. Nathan H. (Indian Child Welfare Act - Application of)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
We feature a couple of articles about the U.S. Supreme Court decision relating to the 6th Amendment and prior tribal court convictions impacting treatment of criminal defendants.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/114_uslegislation.html
The Native American Children's Safety Act became law.
We added one new bill:
H.R.5486: To reaffirm that certain land has been taken into trust for the benefit of the Poarch Band of Creek Indians, and for other purposes.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2016lr.html
These articles were added:
Everything old is new again: Enforcing tribal treaty provisions to protect climate change-threatened resources.
Going "all-in" against the NLRB: How tribal self-government lost on the river in the Sixth Circuit [Soaring Eagle Casino & Resort v. NLRB, 791 F.3d 648 (6th Cir. 2015)].
A tiny fish and a big problem: Natives, elvers, and the Maine Indian Claims Settlement Act of 1980.
Plenary energy.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2016fr.html
We feature the new Bureau of Indian Affairs Indian Child Welfare Act regulations.

NILL added new content to the Indian Law Bulletins on 6/13

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2015-2016update.html
U.S. v. Bryant (Uncounseled Tribal-court Misdemeanor Convictions) was decided on 6/13/16. Petition for certiorari was denied in Seminole Tribe v. Stranburg (State Taxation on Reservation Lands) on 6/13/16 and in La Cuna De Aztlan Sacred Sites Protection Circle Advisory Committee v. DOI (Religious Freedom Restoration Act - Access to Land) on 6/6/16.

Courts of Appeals Bulletin
http://www.narf.org/nill/bulletins/cta/2016cta.html
Jamul Action Committee v. Chaudhuri (Indian Gaming Regulatory Act - NEPA Review)
Cayuga Nation v. Tanner (Indian Gaming - Local Anti-Gaming Ordinances)

U.S. Federal Trial Courts
http://www.narf.org/nill/bulletins/dct/2016dct.html
Caddo Nation of Oklahoma v. Wichita and Affiliated Tribes (Trust Lands; National Historic Preservation Act)
In the Matter of the Will of Phyllis J. Campbell (Wills and Trusts - Osage Headrights)
Seminole Tribe of Florida v. Florida (Indian Gaming Regulatory Act - Good Faith Negotiations)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2016state.html
White v. Schneiderman (State Taxation of Tribal Tobacco)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Sacred Places section, we feature an article about the U.S. Supreme Court's decision not to hear a dispute over a solar plant on sacred tribal land.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/114_uslegislation.html
We added six new bills:
H.R.5295: Certainty for States and Tribes Act.
H.R.5379: Requirements, Expectations, and Standard Procedures for Executive Consultation with Tribes (RESPECT) Act.
H.R.5406: To amend the Indian Health Care Improvement Act to improve access to tribal health care by providing for systemic Indian Health Service workforce and funding allocation reforms, and for other purposes.
H.R.5412: To provide the right of American Indians born in Canada or the United States to pass the borders of the United States to any individual who is a member, or is eligible to be a member, of a Federally recognized Indian tribe in the United States or Canada, and for other purposes.
H.R.5437: To implement a mandatory random drug testing program for certain employees of the Indian Health Service, and for other purposes.
H.R.5452: To amend the Internal Revenue Code of 1986 to permit individuals eligible for Indian Health Service assistance to qualify for health savings accounts.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2016lr.html
These articles were added:
Proposals for resolving reservation residents' bail catch-22: A case study of the St. Regis Mohawk Indian Reservation & the Town of Bombay, New York.
Tribal management under the MMPA: A way forward for local control.
Where there's smoke, there's fire: The state-tribal quandary of tribal marijuana.
Killing the policy to save the child: Comparing the historical removal of Indigenous children in Australia to the United States and how the countries can learn from each other.
Res extra commercium and the barriers faced when seeking the repatriation and return of potent cultural objects.
Case law on American Indians: August 2014-August 2015.
Guide for tribal appeals by pro se litigants and lay advocates.
Methods to measure compliance with the Indian Child Welfare Act.
The plight of New England tribes pursuing federal recognition.
NAGPRA and its limitations: Repatriation of Indigenous cultural heritage.
Untangling the web: Juvenile justice in Indian Country.
Avoiding extinction, preserving culture: Sustainable, sovereignty-centered tribal citizenship requirements.
Consultation or consent: The United States' duty to confer with American Indian governments.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2016fr.html
We feature a notice of the Indian Health Service about tribal consultation and urban confer sessions on the state of the Great Plains area Indian Health Service.