May 29, 2018

NILL added new content to the Indian Law Bulletins on 5/29

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2017-2018update.html
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
http://www.narf.org/nill/bulletins/lawreviews/2018.html
  • 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
http://www.narf.org/nill/bulletins/federal/2018.html
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
http://www.narf.org/nill/bulletins/state/2018.html
In re Williams (Michigan Indian Family Protection Act)
People In Interest of I.B.-R. (Indian Child Welfare Act - Notice)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
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
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
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.

May 11, 2018

NILL added new content to the Indian Law Bulletins on 5/11

Tribal Courts Bulletin
http://www.narf.org/nill/bulletins/tribal/2018.html
People of the Sault Ste. Marie Tribe of Chippewa Indians v. Sorrell (Exclusion Order)
People of the Sault Ste. Marie Tribe of Chippewa Indians v. Nickaboine (Exclusion Order)

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2018.html
  • To sue and be sued: Capacity and immunity of American Indian nations.
  • The unseen harm: U.S.-Indian relations and tribal sovereignty.
  • If you are not at the table, then you are probably on the menu: Indigenous peoples' participatory status at the United Nations.
  • The new World Bank safeguard standard for Indigenous peoples: Where do we start?
Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2018.html
Cachil Dehe Band of Wintun Indians of Colusa Indian Community v. Zinke (Land into Trust)
Oviatt v. Reynolds (Indian Civil Rights Act; Tribal Officials)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2018.html
Harjo v. Arkansas Department of Human Services (Indian Child Welfare Act - Application of)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Intergovernmental section, we feature an article about the Bureau of Indian Affairs nominee.

Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2018.html
We feature a notice of the Department of the Interior related to adding land to the reservation of the Muscogee (Creek) Nation.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
The following bills were added:
S.2804: A bill to provide for the reform and continuation of agricultural and other programs of the Department of Agriculture for Indian Country.


May 2, 2018

NILL added new content to the Indian Law Bulletins on 5/2

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2017-2018update.html
Petition was denied in: Public Service Company of New Mexico v. Barboan, et al. (Rights of Way; Condemnation) on 4/30/18.
Petition was filed in: Bearcomesout v. United States (Double Jeopardy; Constitution - Fifth Amendment) on 11/14/17.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2018.html
  • Dethroning state security: Introducing a human security perspective to absorb the dangers of climate change to the self-determination of island state inhabitants.
  • The long environmental justice movement.
  • Monumental decisions: One-way levers towards preservation in the Antiquities Act and Outer Continental Shelf-Lands Act.
  • Attempting to define the human right to water with an annotated bibliography & recommendations for practitioners.
  • Tribal renewable energy service companies, Part 2.
  • New Mexico tribal cannabis: policy, politics, and guidance for government-to-government cooperation in state-tribal cannabis compacting.
  • Digging up bones: Archeological compliance issues in retail development.
  • Standing Rock, the Sioux Treaties, and the limits to the Supremacy Clause.
  • Time immemorial: Aboriginal rights in the Valles Caldera, The Public Trust, and the quest for constitutional sustainability.
  • Inequality, social resilience, and the green economy.
  • Community participation in development.
Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2018.html
Pauma v. National Labor Relations Board (National Labor Relations Act - Unfair Labor Practices)
Sisseton-Wahpeton Oyate of the Lake Traverse Reservation v. United States Corps of Engineers (Clean Water Act)
Ute Indian Tribe of the Uintah and Ouray Reservation v. Honorable Barry G. Lawrence (Tribal Sovereign Immunity )
Ute Indian Tribe of the Uintah and Ouray Reservation v. Becker (Tribal Sovereign Immunity)
United States of America v. State of Washington (Usual and Accustomed Fishing Areas)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2018.html
People In Interest of L.M. (Indian Child Welfare Act - Termination of Parental Rights)
People In Interest of E.R. (Indian Child Welfare Act - Termination of Parental Rights)
In the Matter of J.W.E., I.W.E., and J.W.E. (Indian Child Welfare Act)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Health & Welfare section, we feature articles about tribal healthcare and Medicaid.

Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2018.html
We feature a notice of the Department of the Interior relating adding land to to the reservation of the Pueblo of Pojoaque.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
The following bills were added:
  • S.772: Ashlynne Mike AMBER Alert in Indian Country Act
  • S.2706: A bill to amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to provide snow removal assistance to Indian tribes under a Federal emergency declaration, and for other purposes.
  • H.R.5661: To improve access by Indian tribes to support from the Schools and Libraries Universal Service Support program (E-rate) of the Federal Communications Commission, and for other purposes.
  • S.2788: A bill to repeal the Act entitled "An Act to confer jurisdiction on the State of North Dakota over offenses committed by or against Indians on the Devils Lake Indian Reservation."
  • S.2700: Comprehensive Addiction Resources Emergency Act of 2018
  • H.R.5529: To provide for the transfer of certain Federal land in the State of Minnesota for the benefit of the Leech Lake Band of Ojibwe.