August 23, 2018

NILL added new content to the Indian Law Bulletins on 8/23

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
  • Laissez-faire water appropriation meets land use planning in Washington's Hirst decision.
  • A historical reassessment of Congress's "Power to Dispose of" the public lands.
  • Bearing the burden: Environmental injustice in the protection of the Polar Bear Alaska Oil & Gas Ass'n v. Jewell (9th Cir. 2016).
  • Native Americans: A crisis in health equity.
  • Monumental power: can past proclamations under the Antiquities Act be trumped?
  • The University of Denver Water Law Review Eleventh Annual Symposium: Foraging sovereignty, self determination, and solidarity through water law.
  • A proposal for a national tribally owned lien filing system to support access to capital in Indian Country.
Federal Courts Bulletin
Chippewa Cree Tribe of Rocky Boy's Reservation, Montana v. U.S. Department of Interior (Whistleblowing)
Crow Creek Sioux Tribe v. United States (Federal Trust; Water Rights)
Upper Lake Pomo Association v. Morton (Lands - Federal Trust Status)

State Courts Bulletin
In the Matter of: P.T.D. (Indian Child Welfare Act - Termination of Parental Rights)
Photo of Bears Ears with text: Hands Off Bears Ears

News Bulletin
In the Tribal Government section, we feature an article about a tribal whistleblower case.

Regulatory Bulletin
We feature a notice of the Department of the Interior, Bureau of Indian Affairs of availability of the Draft Bears Ears National Monuent Indian Creek and Shash Jaa Units Monument Management Plans and associated environmental impact statement.

U.S. Legislation Bulletin
The following bills were added:
H.R.6414: To amend title 23, United States Code, to extend the deadline for promulgation of regulations under the tribal transportation self-governance program.
H.R.6660: National Fish Habitat Conservation Through Partnerships Act.

August 17, 2018

NILL added new content to the Indian Law Bulletins on 8/16

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
  • Addressing the opioid crisis in Indian Country with a Parens Patriae action in tribal court.
  • Return to Worcester: Dollar General and the restoration of tribal jurisdiction to protect Native women and children.
  • Punishment in Indian Country: Ironies of Federal punishment of Native Americans.
  • The negative effects of confusion over collateral agreements under the Indian Gaming Regulatory Act: Which agreements need review?
Tribal Courts Bulletin
Gilliland v. Cherokee Nation (Criminal Jurisdiction)

Federal Courts Bulletin
Gila River Indian Community v. United States Department of Veterans Affairs (Health Care Costs - Veterans)
United States v. King Mountain Tobacco Company, Inc. (Federal Excise Taxation - Tobacco Products)
Alabama-Quassarte Tribal Town v. United States (Oklahoma Indian Welfare Act - Trust Funds)
McCoy v. Salish Kootenai College, Inc. (Tribal Colleges - Sovereign Immunity)

State Courts Bulletin
Drabik v. Thomas (Tribal Sovereign Immunity)
Matter of A.P. (Indian Child Welfare Act - Notice)
Matter of D.E. (Indian Child Welfare Act - Termination of Parental Rights)

News Bulletin
In the Intergovernmental section, we feature articles about impact of next Supreme Court nominee on Native American rights.

Regulatory Bulletin
We feature a request for comments on subsistence taking of Northern Fur Seals on the Pribilof Islands from the Department of Commerce, National Oceanic and Atmospheric Administration.

August 8, 2018

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

Book cover of Reproductive Justice

Law Review & Bar Journal Bulletin
  • Dismantling monuments.
  • Native American reproductive health law--Reproductive Justice: The politics of healthcare for Native American women. [Book Review]
  • Tribal sovereign immunity at the patent and trademark office.
  • Standing Rock in the swamp: Oil, the environment, and the United Houma Nation's struggle for federal recognition.
Federal Courts Bulletin
Carter v. Tahsuda (Indian Child Welfare Act - Constitutionality)
State of California v. Iipay Nation of Santa Ysabel (Gaming; Unlawful Internet Gambling Enforcement Act)
Northern Natural Gas Company v. 80 Acres of Land in Thurston County (Utilities; Rights-of-Way - Condemnation)
Wilhite v. Awe Kualawaache Care Center (Jurisdiction; Racketeer Influenced and Corrupt Organizations Act)

State Courts Bulletin
State v. George (Jurisdiction)
Cayuga Nation v. Campbell (Official Tribal Government)

News Bulletin
In the Land & Water section, we feature an article about a study on the changing scope of Native American groundwater rights.

U.S. Legislation Bulletin
The following bills were added:
  • S.2850: A bill to amend the White Mountain Apache Tribe Water Rights Quantification Act of 2020 to clarify the use of amounts in the WMAT Settlement Fund.
  • H.R.6510: To establish, fund, and provide for the use of amounts in a National Park Service and Public Lands Legacy Restoration Fund to address the maintenance backlog of the National Park Service, United States Fish and Wildlife Service, Bureau of Land Management, and Bureau of Indian Education, and for other purposes.
  • S.3269: A bill to establish the Department of Veterans Affairs Advisory Committee on Tribal and Indian Affairs, and for other purposes.
  • S.3280: A bill to increase intergovernmental coordination to identify and combat human trafficking within Indian lands and of Indians.
  • H.R.6545: Violence Against Women Reauthorization Act of 2018. (See Title IX)
  • H.Res.1037: Recognizing the 29th anniversary of the Tribal Canoe Journey of the Tribal Nations of the Pacific Northwest and congratulating the Puyallup Tribe of Indians for hosting the 2018 Power Paddle to Puyallup.
  • H.R.6647: To amend the Native American Graves Protection and Repatriation Act to move the enforcement office to the Bureau of Indian Affairs, to increase the civil monetary penalties for failure to follow the processes established by that Act, and for other purposes.