June 13, 2016

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

Photo of Supreme Court building

U.S. Supreme Court Bulletin
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
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
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
White v. Schneiderman (State Taxation of Tribal Tobacco)

News Bulletin
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
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
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
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.