October 23, 2019

NILL added new content to the Indian Law Bulletins on 10/23

We have scoured the web. Here are some of the latest materials related to Indian Law. Find all of the latest updates at narf.org/nill/bulletins/

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
Oneida Indian Nation v. Department of the Interior (Federal Recognition)

U.S. Legislation - 116th Congress Bulletin
https://narf.org/nill/bulletins/legislation/116_uslegislation.html
  • S.2616 - A bill to provide civil and criminal jurisdiction over Alaska Natives and non-Alaska Natives for certain Indian tribes in the State of Alaska.
  • H.R.4752 - To accept land into trust for the benefit of the Prairie Island Indian Community as compensation to the Tribe for Tribal lands that have been rendered dangerous by the use and storage of highly toxic nuclear materials, some of which also have been inundated by flood waters, to release the United States from related claims, and for other purposes.
Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2019.html
  • Overlooking canon: How the Alabama Supreme Court used a footnote to disregard tribal sovereign immunity in Wilkes v. PCI Gaming Authority.
  • Internet gaming on & off tribal lands.
  • Digging deeper to protect tribal property interests: United States v. Osage Wind, LLC.
  • "Perhaps Congress Would, Perhaps Congress Should"--Why Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians c. Patchak and Carcieri v. Salazar must be legislatively overridden to protect the IRA Trust Acquisition Authority.
News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:

  • RECAP: National Congress of American Indians opens annual convention #NCAIAnnual19
  • New judicial order gives northern Alaska tribes more say in criminal sentencing
  • The reality of Native American Studies
  • Alaska Federation of Natives declares climate emergency
  • Southwest tribes oppose storage plans for tons of spent nuclear fuel
  • Are Wisconsin schools willing to end Native American nicknames? Some don't even want to talk about it.
  • Addressing food insecurity in northeast Oklahoma

October 16, 2019

NILL added new content to the Indian Law Bulletins on 10/16

We have scoured the web. Here are some of the latest materials related to Indian Law. Find all of the latest updates at narf.org/nill/bulletins/index.html

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2019-2020update.html
Petition for certiorari was denied recently in this case on 10/15/19:
Smith v. United States (Assimilative Crimes Act)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
Johnson v. Oneida Nation Enterprise, LLC (Title VII)

U.S. Legislation - 116th Congress Bulletin
https://narf.org/nill/bulletins/legislation/116_uslegislation.html
A NARF attorney spoke at the Subcommittee for Indigenous Peoples of the United States, regarding S.46 (Klamath Tribe Judgment Fund Repeal Act).

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:
  • For Indigenous Peoples Day, tribes return to Alcatraz 50 years later
  • Cherokee Nation and CNB minimum wage increases will boost economy, help families
  • Johns Hopkins' American Indian research hub celebrates its grand opening
  • The U.S. stole generations of Indigenous children to open the West
  • The Native American Journalists Association condemns Muscogee (Creek) Nation Council denial of citizen free press vote
  • Yakama and Lummi Nation leaders call for removal of three Lower Columbia River dams
  • Empowering tribal nations at the voting rights conference

October 11, 2019

NILL added new content to the Indian Law Bulletins on 10/11

We have scoured the web. Here are some of the latest materials related to Indian Law. Find all of the latest updates at narf.org/nill/bulletins/index.html

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2019-2020update.html
Petition for certiorari was denied in this case on 10/7/19:
Oglala Sioux Tribe, et al. v. Fleming (Younger Abstention)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
Lummi Tribe of the Lummi Reservation v. United States (Fiduciary Trust)
Caddo Nation of Oklahoma v. Wichita and Affiliated Tribes (National Environmental Policy Act; National Historic Preservation Act)

U.S. Legislation - 116th Congress Bulletin
https://narf.org/nill/bulletins/legislation/116_uslegislation.html
A NARF attorney is scheduled to speak at the Subcommittee for Indigenous Peoples of the United States, regarding S.46 (Klamath Tribe Judgment Fund Repeal Act).

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:

  • Court holds the execution of Navajo man to hear claim of racial bias
  • High uranium levels seen in Navajo women decades after Cold War era mining by U.S. on their reservation
  • Shakopee Sioux announce $5 million campaign to boost Indian education in Minnesota schools
  • Finland agrees to return Native American remains to tribes
  • Supreme Court opens new term with little new Indian law activity   

October 4, 2019

NILL added new content to the Indian Law Bulletins on 10/4

Find all of the latest updates at narf.org/nill/bulletins/index.html

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2019-2020update.html
Petitions for certiorari were filed recently in this case on 9/23/19:
Alabama-Coushatta Tribe of Texas v. State of Texas (Indian Gaming Regulatory Act)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
Pueblo of Jemez v. United States (Cultural Resources; Trust Relationship)
Makah Indian Tribe v. Quileute Indian Tribe (Boundary Dispute)

U.S. Legislation - 116th Congress Bulletin
https://narf.org/nill/bulletins/legislation/116_uslegislation.html
The following bills were recently proposed in the House:
H.R.4586 - To expand opportunity for Native American children through additional options in education, and for other purposes.
H.R.4533 - To amend the Public Health Service Act to improve behavioral health outcomes for American Indians and Alaskan Natives, and for other purposes.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:
  • National Congress of American Indians heads into election season after major changes
  • Oil company agrees to retire Badger-Two Medicine lease
  • Tribal officials tell Oklahoma lawmakers Medicaid expansion would help their citizens
  • Yantkon Sioux: 'Our community is literally drowning'
  • Coquille citizen Bridgett Wheeler named to Oregon Board of Education
  • 'I don't think I've ever compromised' Native artist Jeffrey Gibson named 2019 MacArthur Fellow



September 25, 2019

NILL added new content to the Indian Law Bulletins on 9/25


Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
Pit River Tribe v. Bureau of Land Management (Fiduciary Trust; Geothermal Steam Act)
Dakota Rural Action v. Noem (Keystone XL Pipeline)

U.S. Legislation - 116th Congress Bulletin
https://narf.org/nill/bulletins/legislation/116_uslegislation.html
The following bills were recently proposed in the House and the Senate:
H.R.4449 - To amend the Communications Act of 1934 to add access to telecommunications and information services in Indian country
S.2534 - A bill to amend the Alaska Native Claims Settlement Act
S.2541 - A bill to amend the Indian Health Care Improvement Act


Law Review & Bar Journal Bulletin
https://www.narf.org/nill/bulletins/lawreviews/2019.html
  • ICWA and the unwed father.
  • Native American religious freedom as a collective right.
  • Judge Murphy's Indian law legacy.
  • Not all Agua is Caliente: Proposing the Winters groundwater test.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:
  • 'It has been a long time coming': Minnesota MMIW Task Force to hold first meeting
  • Tribal Coastal Resiliency Act inches forward on Capitol Hill
  • United Methodist Church gives historic mission site and land back to Wyandotte Nation
  • Grant-funded Native American treatment court produces first graduates in Great Falls
  • Ponca Chief Standing Bear completes one last journey of triumph
  • New Mexico delegation announces funding for Native libraries

September 18, 2019

NILL added new content to the Indian Law Bulletins on 9/18

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2019-2020update.html
Petition for certiorari was filed in this case on 9/11/19:
Sequoia Capital Operations v. Gingras (Tribal Sovereign Immunity)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
Oertwich v. Traditional Village of Togiak (Banishment; Tribal Sovereign Immunity)
Yocha Dehe Wintun Nation v. Newsom (Tribal-State Compacts)

U.S. Legislation - 116th Congress Bulletin
https://narf.org/nill/bulletins/legislation/116_uslegislation.html
The following bill was recently proposed in the House:
H.R.4289 - Bridging Agency Data Gaps and Ensuring Safety for Native Communities Act

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:

  • Indian Programs Advanced Appropriations Act up for first hearing on Capitol Hill
  • 'The Duwamish people are still here': Tribe hindered by lack of recognition
  • New Mexico tribe loses claim to national preserve
  • Patawomeck artist challenges state laws and tribal leaders to define 'Indian art'
  • Eastern Shoshone Tribe and Northern Arapaho Tribe expand partnerships with university
  • Groundbreaking set for National Native American Veterans Memorial  

September 12, 2019

NILL added new content to the Indian Law Bulletins on 9/12

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
Cherokee Nation v. Bernhardt (Land Into Trust)
Flandreau Santee Sioux Tribe v. Noem (Indian Gaming Regulatory Act)

U.S. Legislation - 116th Congress Bulletin
https://narf.org/nill/bulletins/legislation/116_uslegislation.html
The following bills were recently proposed in the House:
H.R.4243 - Rural Maternal and Obstetric Modernization of Services Act

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:
  • House Subcommittee for Indigenous Peoples convenes hearing on #MMIW crisis
  • 'A historic leap forward': ND tribes sign updated agreement with state over child welfare services
  • US seeks dismissal of Native American tribes' lawsuit over Keystone Pipeline
  • A 'sham': Southern Sierra Miwuk Nation being denied federal recognition
  • Changing the Indian narrative in classrooms



September 4, 2019

NILL added new content to the Indian Law Bulletins on 9/4

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2019-2020update.html
Petition for certiorari is pending in:
California Trout v. Hoopa Valley Tribe (Clean Water Act; Water Rights)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
United States of America v. Jeffrey Antonio (Indian Pueblo Lands Act; Tribal Jurisdiction)
Rosita George v. Office of Navajo and Hopi Indian Relocation (Navajo-Hopi Settlement Act)

U.S. Legislation - 116th Congress Bulletin
https://narf.org/nill/bulletins/legislation/116_uslegislation.html
The following bills were recently proposed in the House:
H.R.4222 - Indigenous STEM Professional Development Act

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2019.html
  • The need for federal legislation to address Native voter suppression
  • Tribal data governance and informational privacy: Constructing "Indigenous data sovereignty"
  • Applying Indigenous ecological knowledge for the protection of environmental commons: Case studies from Hawai'i for the benefit of "Island Earth."
News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:
  • Federal District Court affirms Yakama reservation's boundaries
  • Oglala Sioux Tribe considers passing hate crime law
  • Appeals court decision affirms tribal jurisdiction over non-Indians
  • Scotts Valley Band sues Trump administration over homelands decision
  • Editorial: It's important to understand Native Americans' long struggle for voting rights





August 28, 2019

NILL added new content to the Indian Law Bulletins on 8/28

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
Navajo Nation v. Department of the Interior (Indian Water Rights; Federal Trust Relationship)
Little Traverse Bay Bands of Odawa Indians v. Whitmer (Treaty Rights; Reservation Diminishment)

U.S. Legislation - 116th Congress Bulletin
https://narf.org/nill/bulletins/legislation/116_uslegislation.html
The following bills were recently proposed in the House:
H.R.4188 - Native American Language Vitalization Act

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2019.html
  • VAWA Reauthorization Act of 2013 and the continued legacy of violence against Indigenous women: A critical outsider jurisprudence perspective.
  • Michigan marijuana laws: Michigan tribes can participate, but how?
  • Partially tribal land: The case for limiting state eminent domain power under 25 USC 357.
News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:
  • U's medical school in Duluth welcomes record number of Native students
  • Keystone Pipeline's alternate route gets the go-ahead from Nebraska court
  • Wyoming lawmakers propose fix to allow tribal IDs for voter registration
  • Cherokee Nation picks representative for Congress, promised by US government nearly 200 years ago
  • New program gives remote Native American tribes greater access to affordable electric vehicles

August 14, 2019

NILL added new content to the Indian Law Bulletins on 8/14

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
Brackeen v. Bernhardt (Indian Child Welfare Act)
United Keetoowah Band of Cherokee Indians v. FCC (National Historic Preservation Act)

Law Review & Bar Journal Bulletin
https://www.narf.org/nill/bulletins/lawreviews/2019.html
  • Tribal nations and Congress's power to define offenses against the law of nations.
  • On Indian children and the Fifth Amendment.
News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:

  • First in the family: How a first-gen Blackfeet student finds success at UM
  • Tribal communities in Michigan use traditional knowledge to tackle modern public health crisis
  • Hopi Tribe takes over law enforcement from federal agency
  • High court Murphy decision could have major impact on state, tribal authority  

August 7, 2019

NILL added new content to the Indian Law Bulletins on 8/7


Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
Brakebill v. Jaeger (Voting Rights)
Bell v. City of Lacey (Sovereign Immunity; Ex parte Young)

US Legislation - 116th Congress Bulletin
https://narf.org/nill/bulletins/legislation/116_uslegislation.html
The following bills were recently proposed in the House:
  • H.R.3977 - To amend the Indian Civil Rights Act of 1968 to extend the jurisdiction of tribal courts to cover crimes involving sexual violence, and for other purposes.
  • H.R.4029 - To amend the McKinney-Vento Homeless Assistance Act to enable Indian Tribes and tribally designated housing entities to apply for, receive, and administer grants and subgrants under the Continuum of Care Program of the Department of Housing and Urban Development.
Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2019.html
  • Tribes, cities, and children: Emerging voices in environmental litigation.
  • Unoccupied: How a single word affects Wyoming's ability to regulate tribal hunting through federal treaty; Herrera v. Wyoming.
News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:

  • ACLU to hire S.D.-based Native justice organizer following pipeline protest laws
  • Lakota tribal leaders request public hearing on Dakota Access Pipeline expansion
  • More 2020 presidential candidates line up for historic Native issues forum
  • Cronkite News: Tribes win ruling against copper mine on ancestral territory

July 25, 2019

NILL added new content to the Indian Law Bulletins on 7/25

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
Moody v. United States (Agricultural Leases)
Johnson v. Oneida Nation Enterprise, LLC (Title VII of the Civil Rights Act of 1964)

U.S. Legislation - 116th Congress Bulletin
https://narf.org/nill/bulletins/legislation/116_uslegislation.html
The following bills were recently proposed in the House:
H.R.3916 - To provide for a study on the protection of Native American seeds and traditional foods, and for other purposes.
H.R.3846 - Safeguard Tribal Objects of Patrimony Act of 2019

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2019.html
  • "That Chuitt River is Ours": Traditional cultural landscapes and the National Historic Preservation Act.
  • Tribal sovereignty and online gaming: Fantasy sports offer tribes what other games do not.
  • Tribes in Texas take a big step forward for their inherent sovereignty
  • Wisconsin tribe sues Enbridge to force Line 5 pipeline removal
  • Tester secures $2.8 million for Confederated Salish and Kootenai head start programs
  • The subversive nature of Indigenous art

July 18, 2019

NILL added new content to the Indian Law Bulletins on 7/18

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
Navajo Nation v. San Juan County (Voting Rights; Districts)
Watso v. Lourey, et al. (Indian Child Welfare Act)

U.S. Legislation - 116th Congress Bulletin
https://narf.org/nill/bulletins/legislation/116_uslegislation.html
The following bills were recently proposed in the Senate:
S.2071 - A bill to repeal certain obsolete laws relating to Indians
S.886 - Indian Water Rights Settlement Extension Act

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2019.html
  • Aging in harmony: Creating culturally appropriate systems of health care for aging American Indians/Alaska Natives.
  • Enough is enough: Ten years of Carcieri v. Salazar.
News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:

  • Cherokee citizen Tyler Fish hired to work on Indian issues at White House.
  • Senate passes bills on Indian economic development and self-governance.
  • Oglala Sioux Tribe legalizes same-sex marriage.

July 10, 2019

NILL added new content to the Indian Law Bulletins on 7/10/19.

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
Rosebud Sioux Tribe v. Department of Health and Human Services (Indian Health Care Improvement Act)
Williams v. Big Picture Loans, LLC (Sovereign Immunity)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2019.html
  • Beyond an emergency declaration: Tribal governments and the opioid crisis.
  • 'Race, racism, and American law': A seminar from the Indigenous, Black, and Immigrant legal perspectives.
  • Texas Indian holocaust and survival: McAllen Grace Brethren Church v. Salazar.
News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:
  • Upcoming House subcomittee hearing on several Indian Country bills
  • Tracking the 2020 Census
  • Bipartisan bill to reinstate grants for Native American language programs passes the Senate

U.S. Legislation - 116th Congress Bulletin
https://narf.org/nill/bulletins/legislation/116_uslegislation.html
The following bills were recently proposed in the Senate:
S.2307 - Building Indigenous STEM Professionals Act
S.1977 - Kickapoo Tribe in Kansas Water Rights Settlement Act 

June 26, 2019

NILL added new content to the Indian Law Bulletins on 6/25

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2018-2019update.html
The following cases were recently denied review:
Poarch Band of Creek Indians, et al. v. Wilkes, et al. (Tribal Tort Claim Liability; Non-Members)
Bearcomesout v. United States (Double Jeopardy)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2019.html

Miccosukee Tribe of Indians of Florida v. Lewis Tein P.L.
(Tribal Sovereign Immunity)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
Mashpee Wampanoag Tribe v. Ryan Zinke (Land into Trust; "Under Federal Jurisdiction")

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2019.html
  • Reviewing St. Regis: Unresolved issues at the intersection of tribal sovereign immunity and patent law.
  • No take backs: Presidential authority and public land withdrawals.
  • Dam(n) displacement: compensation, resettlement, and indigeneity.
News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
In the Environment & Energy section, we feature an article about how solar could make WA tribes energy independent.

June 13, 2019

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

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2018-2019update.html
The following cases were recently denied review:
King Mountain Tobacco Company, Inc. v. United States (Treaties; Taxation)
Mitchell, et al. v. Tulalip Tribes of Washington (Sovereign Immunity)
Teck Metals LTD v. The Confederated Tribes of the Colville Reservation (Hazardous Waste)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
Flandreau Santee Sioux Tribe v. United States Department of Agriculture (Hemp Production)
Pauma Band of Luiseno Mission Indians of the Pauma and Yuima Reservation v. Unite Here International Union (National Labor Relations Board)
Rincon Mushroom Corporation of America v. B.M., J.C., V.W., G.P., S.S., C.K., D.W., DOE CO., DOE I, DOE II (Exhaustion of Tribal Court Remedies)


Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2019.html
  • Resilience and Native girls: A critique.
  • Sovereign metaphors in Indian law.
  • The restatement of the law for American Indians: The process and why it matters.
  • Tribal nations and Congress's power to define offences against the law of nations.
  • From foundational law to limiting principles in federal Indian law.
  • United States v. Gillette: A tiny prairie casenote opening a window on the enveloping fog obscuring the Indian Civil Rights Act of 1968.
  • Native American religious accommodations, national parks, and the Cutter test.
  • Reversing course on environmental justice under the Trump administration.
News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
In the Health & Welfare section, we feature an article about a tribe taking on a management role for a troubled Indian Health Service hospital.

Legislation Bulletin

https://www.narf.org/nill/bulletins/legislation/116_uslegislation.html
The following bills were added:
S.288: Justice for Native Survivors of Sexual Violence Act.
H.R.1373: Grand Canyon Centennial Protection Act.

Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2019.html
The Bureau of Indian Affairs, Bureau of Indian Education, has proposed a rule relating to standards, assessments, and accountability.

June 5, 2019

NILL added new content to the Indian Law Bulletins on 6/5

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2018-2019update.html
The following cases recently were denied review:
  • Carter v. Sweeney (Civil Rights Act)
  • Comanche Nation of Oklahoma v. Zinke (Land into Trust; Jurisdiction)
  • Miccosukee Tribe of Indians of Florida v. United States (Tribal General Welfare Exclusion Act- Income)
  • Jim v. United States (Federal Taxation)
  • Allergan, Inc. v. Teva Pharmaceuticals USA, Inc. (Patents)
Tribal Courts Bulletin
http://www.narf.org/nill/bulletins/tribal/2019.html

Mary Dominique v. Mashantucket Pequot Gaming Enterprise and Scooter A Long, LLC. (Personal Injury)
Allen Russell II v. Laureen Yellow Hammer/Combs (Child Custody)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
United States v. Smith (Assimilative Crimes Act; Indian Country Crimes Act)
Kim R. Jim v. Shiprock Associated Schools, Inc. (Indian Tribe - Definition of)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2019.html
State v. Roy (Sentencing)
In re Radience K. (Indian Child Welfare Act - Active Efforts)
People in Interest of L.R.B., S.B.B., and K.B.B. (Indian Child Welfare Act - Transfer to Tribal Court)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2019.html
  • Improving justice and avoiding colonization in managing climate change related disasters: A case study of Alaska Native villages.
  • The Race Horse that wouldn't die: On Herrera v. Wyoming.
  • Protecting native women from violence: Fostering state-tribal relations and the shortcomings of the Violence Against Women Act of 2013.
  • What the future may hold for victims of domestic and sexual violence without the Violence Against Women Act.
  • New York's quest for jurisdiction over Indian lands.
  • New York State's recent judicial collaboration with Indigenous partners: The story of New York's federal-state-tribal courts and Indian Nations Justice Forum.
  • The origins and evolution of the Indian Child Welfare Act.
  • Thomas Indian School.
  • The causal effect: Implications of chronic underfunding in school systems on the Navajo reservation.
  • When tribal disenrollment becomes cruel and unusual.
  • The dark side of tribal sovereign immunity: The gap between law and remedy.
  • Legal pluralism and indigenous peoples rights: Challenges in litigation and recognition of indigenous peoples rights.
  • Privatizing the reservation?
  • Partially tribal land: The case for limiting state eminent domain power under 25 USC 357.
  • The unlikely duo that shocked the intellectual property world and why the Supreme Court was the chosen one to restore balance.
  • Defining 'Indian.'
News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
In the Intergovernmental section, we feature an article about an effort to form Alaska's first official inter-tribal court system.

Legislation Bulletin

https://www.narf.org/nill/bulletins/legislation/116_uslegislation.html
The following bills were added:
S.2961: The Samish Indian Land Reaffirmation Act.
H.R.2579: Hardrock Leasing and Reclamation Act of 2019.

Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2019.html
One of the items we cover this week includes a notice of the National Park Service regarding tribal consultation to obtain input from Tribes on proposed changes to regulations governing the National Register of Historic Places.

May 21, 2019

NILL added new content to the Indian Law Bulletins on 5/21

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2018-2019update.html
This case was decided on 5/20/19:
Herrera v. Wyoming (Hunting & Fishing Rights; Treaties)
Petitions for certiorari were denied in these cases on 5/20/19.
Casino Pauma v. National Labor Relations Board (National Labor Relations Act)
Havasupai Tribe v. Provencio, et al. (Tribal Consultation)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2019.html
In the Interest of M.T.R., a Child (Indian Child Welfare Act - Application of)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2019.html
  • Whose lands? Which public? The shape of public-lands law and Trump's national monument proclamations.
  • Self-deportation nation.
  • Balancing equity and effectiveness: The Paris Agreement & the future of international climate change law.
  • Piercing the tribal veil: tribal sovereign immunity in the anomalous context of the pharmaceutical industry.
  • The Professional and Amateur Sports Protection Act: How its invalidation will impact Indian gaming's legal and regulatory framework.
  • Sports betting and Indian gaming: Should tribal casinos get in the game?
News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
In the Intergovernmental section, we feature an article about a U.S. Supreme Court decision protecting off-reservation treaty rights.

Legislation Bulletin

https://www.narf.org/nill/bulletins/legislation/116_uslegislation.html

  • S.1482: To amend the Public Health Service Act to require State educational agencies and tribal educational agencies receiving funds under section 520A of such Act to establish and implement a school-based student suicide awareness and prevention training policy and school threat assessment team policy, and for other purposes.
  • H.R.2717: To authorize the Secretary of the Interior to convey to the San Felipe Pueblo certain Federal land in Sandoval County, New Mexico, and for other purposes. 

May 15, 2019

NILL added new content to the Indian Law Bulletins on 5/14

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
Diné Citizens Against Ruining Our Environment v. Bernhardt (Hydraulic Fracking; Environmental Assessments)
Standing Rock Sioux Tribe and Cheyenne River Sioux Tribe v. U.S. Army Corps of Engineers and Dakota Access, LLC (Oil & Gas Pipelines; Documents for Administrative Record)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2019.html
The People of the State of Colorado, In the Interest of Z.C., a Child, and Concerning S.C. (Indian Child Welfare Act - Notice)
State of Minnesota v. Randy Lee Thompson (Arrest; Expulsion)

Tribal Courts Bulletin
http://www.narf.org/nill/bulletins/tribal/2019.html
Swinomish Tribal Community v. Peters (Domestic Violence)
Swinomish Tribal Community v. McCleod (Juries)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2019.html
  • Public land and resources law in the American West: Time for another comprehensive review?
  • Environmental injustice and the limits of possibilities for environmental law.
  • Federal Indian Law as Paradigm Within Public Law.
  • Creating sustainable economic development on Indian reservations is an "access to justice" issue.
  • The last judicial frontier: The fight for recognition and legitimacy of Tribal courts.
  • Tribal (de)termination? Commercial speech, Native American imagery and cultural sovereignty.
  • A jury of someone else's peers: The severe underrepresentation of Native Americans from the western division of South Dakota's jury-selection process.
  • Agency pragmatism in addressing law's failure: The curious case of federal "deemed approvals" of tribal-state gaming compacts.
  • Blackhorse's last stand?: The First Amendment battle against the Washington "Redskins" Trademark after Matal v. Tam.
  • Empire States: The coming of dual federalism.
News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
In the Tribal Jurisdiction section, we feature an article about a Maine bill aiming to restore tribal sovereignty in certain crimes committed by non-Natives.

Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2019.html
We feature notice of the Department of Health & Human Services, Administration for Children and Families, regarding tribal consultation meetings for tribal governments operating Head Start.

Legislation Bulletin

https://www.narf.org/nill/bulletins/legislation/116_uslegislation.html
  • H.R.2599: To amend the Public Health Service Act to require State educational agencies and tribal educational agencies receiving funds under section 520A of such Act to establish and implement a school-based student suicide awareness and prevention training policy and school threat assessment team policy, and for other purposes.
  • H.R.1367: Comprehensive Addiction Resources Emergency Act of 2019.
  • H.R.2607: To expedite under the National Environmental Policy Act of 1969 and improve forest management activities on National Forest System lands, on public lands under the jurisdiction of the Bureau of Land Management, and on Tribal lands to return resilience to overgrown, fire-prone forested lands, and for other purposes.

May 8, 2019

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

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
Muscogee Creek Indian Freedman Band, Inc. v. David Bernhardt (Exhaustion of Tribal Remedies)
Tolowa Nation v. United States of America (Federal Recognition)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2019.html

T.W. v. Shelby County Department of Human Resources (Indian Child Welfare Act - Expert Witnesses)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2019.html
  • A comparison of American indigenous tribes and Chinese indigenous tribes with respect to recognition and legal policy.
  • Book Review. Killers of the flower moon: the Osage murders and the birth of the FBI. By David Grann. New York: Doubleday. 2017.
  • From exploitation to equity: Building Native-owned renewable energy generation in Indian Country.
  • Fulfilling climate justice and government obligations to Alaska Native villages: What is the government role?
News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
In the Intergovernmental section, we feature a Senate Indian Affairs Committee report on self-governance by Indian tribes.

Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2019.html
We feature notice of the Department of the Interior, Bureau of Indian Affairs, pertaining to land proclamations for two Indian tribes.

Legislation Bulletin

https://www.narf.org/nill/bulletins/legislation/116_uslegislation.html

  • S.Res.190: A resolution promoting minority health awareness and supporting the goals and ideals of National Minority Health Month in April 2019, which include bringing attention to the health disparities faced by minority populations of the United States such as American Indians, Alaska Natives, Asian Americans, African Americans, Hispanics, and Native Hawaiians or other Pacific Islanders.
  • H.R.2496: 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.2484: To amend the Internal Revenue Code of 1986 to treat Indian tribal governments in the same manner as State governments for certain Federal tax purposes, and for other purposes.
  • S.1307: A bill to amend the Richard B. Russell National School Lunch Act and the Child Nutrition Act of 1966 to improve nutrition in tribal areas, and for other purposes.
  • S.1329: A bill to amend the Child Abuse Prevention and Treatment Act to require that equitable distribution of assistance include equitable distribution in Indian tribes and tribal organizations and to increase amounts reserved for allotment to Indian tribes and tribal organizations under certain circumstances, and to provide for a Government Accountability Office report on child abuse and neglect in American Indian tribal communities. 

May 2, 2019

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

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
Stockbridge-Munsee Community v. Wisconsin. (Gaming; Statute of Limitation; Sovereign Immunity)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2019.html
  • A tribal counsel's guide to corporate compliance.
  • Lobbying as a strategy for tribal resilience.
  • The reports of our death are greatly exaggerated--reflections on the resilience of the Oneida Indian Nation of New York.
  • Changing family courts to help heal and build resilient families.
  • Sovereign Resilience: Reviving private-sector economic institutions in Indian Country.
  • Cultivating professional identity and resilience through the study of federal Indian law.
  • Establishing paternity under the Indian Child Welfare Act.
  • Uncounseled tribal court convictions as predicate offenses under United States v. Bryant.
  • Building Indian Country's future through food, agriculture, infrastructure, and economic development in the 2018 Farm Bill.
  • Food localization: Empowering community food systems through the Farm Bill.
  • Sovereign immunity for rent: How the commodification of Tribal sovereign immunity reflects the failures of the U.S. patent system.
  • The fight over Columbia Basin salmon spills and the future of the Lower Snake River Dams.
  • The hybrid nature of the property clause: Implications for judicial review of National Monument reductions.
News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
In the Education section, we feature articles about groups working for accurate depiction of Native American history in schools.

Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2019.html
We feature a notice of the Fish and Wildlife Service seeking public comment on rule revisions pertaining to the religious use of federally protected bird feathers.

Legislation Bulletin

https://www.narf.org/nill/bulletins/legislation/116_uslegislation.html
  • S.2438: Not Invisible Act of 2019
  • S.2459: 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.
  • S.1232: A bill to amend the Surface Mining Control and Reclamation Act of 1977 to provide funds to States and Indian Tribes for the purpose of promoting economic revitalization, diversification, and development in economically distressed communities through the reclamation and restoration of land and water resources adversely affected by coal mining carried out before August 3, 1977, and for other purposes.

April 25, 2019

NILL added new content to the Indian Law Bulletins on 4/25


drawing of NILL logo feather

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2018-2019update.html
Petition for certiorari was filed in this case on 1/14/19:
Carter v. Sweeney (Indian Child Welfare Act)
 
Petitions were denied in:
Wilson v. Horton’s Towing, et al. (Forfeiture)
McNeal, et ux. v. Navajo Nation (Indian Gaming Regulatory Act; Jurisdiction)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
Gingras v. Think Finance, Inc. (Lending; Tribal Sovereign Immunity)
Duanna Knighton v. Cedarville Rancheria of Northern Paiute Indians; Cedarville Rancheria Tribal Court; Patricia R. Lenzi (Jurisdiction; Loans)
James Clay and Audrey Osceola v. Commissioner of Internal Revenue (Tribal Sales Tax)
Sault Ste. Marie Tribe of Chippewa Indians v. David Bernhardt (Land into Trust)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2019.html
Navajo Nation v. Department of Child Safety
(Indian Child Welfare Act - Expert Witnesses)
People in Interest of E.T. (Indian Child Welfare Act - Expert Witnesses; Indian Child Welfare Act - Transfer to Tribal Court)

Tribal Courts Bulletin
http://www.narf.org/nill/bulletins/tribal/2019.html
Deidra M. Scruggs v. Mashantucket Pequot Gaming Enterprise (Personal Injury)
Gibson v. Colville Confederated Tribes (Jurisdiction; Employment; Immunity)
Jennifer Nolan v. Celia Paul and Barry Collins (Child Custody)
Melissa Williams v. Colville Confederated Tribes (Judges - Recusal)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2019.html
  • Rising tides, rising obligations: enforcing tribal trust responsibility for climate change mitigation.
  • Deserving a place at the table: Effecting change in substantive environmental procedures in Indian Country.
  • Crossing state lines: The Trojan horse invasion of rent-a-bank and rent-a-tribe schemes in modern usury law.
  • Law, cultural, heritage, and climate change in the United States.
  • A comparative analysis: Legal and historical analysis of protecting indigenous cultural rights involving land disputes in Japan, New Zealand, and Hawai'i.
News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
In the Environment & Energy section, we feature an article about tribal regulation of single-use plastics.

April 18, 2019

NILL added new content to the Indian Law Bulletins on 4/18


drawing of court gavel

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2018-2019update.html
Petition for certiorari was filed in this case on 4/10/19:
Allergan, Inc. v. Teva Pharmaceuticals USA, Inc. (Patents)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
United States v. Jones (Sentencing)
Cain v. Salish Kootenai College, Inc. (Tribal Colleges - Arm-of-the-Tribe)
Yselta Del Sur Pueblo v. City of El Paso (Tribal Real Property)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2019.html
Mitchell v. Preston
(Indian Child Welfare Act - Transfer to Tribal Court)
In Re.: A.G. A Minor Child (Indian Child Welfare Act - Transfer to Tribal Court)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2019.html
  • The transformation of the Antiquities Act: A call for amending the President's power regarding national monument designations.
  • Lobbying against the odds.
  • An "SDVCJ Fix" -- Paths forward in tribal domestic violence jurisdiction.
  • Shooting down Oliphant: Self-defense as an answer to crime in Indian Country.
  • Indian children and the Fifth Amendment.
  • Congressional plenary power and indigenous environmental stewardship: The limits of environmental federalism.
  • Tribal utility development energy development and services on tribal land.
  • Protecting all women: Tribal protection orders and required enforcement under VAWA.
News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
In the Land & Water section, we feature articles about consideration from Congress on tribal water rights issues.

U.S. Legislation Bulletin
https://www.narf.org/nill/bulletins/legislation/116_uslegislation.html
The following bills were added:
  • S.1161: A bill to support the education of Indian children.
  • S.1216: A bill to amend the Internal Revenue Code of 1986 to permanently extend the depreciation rules for property used predominantly within an Indian reservation.
  • S.1180: A bill to extend the full Federal medical assistance percentage to urban Indian organizations.
  • S.1181: A bill to amend the Child Abuse Prevention and Treatment Act to provide for better protections for children raised in kinship families outside of the foster care system.
  • S.1211: A bill to provide for improvements to Tribal transportation facilities and Tribal transportation safety, and for other purposes.
  • S.1207: A bill to approve the settlement of the water rights claims of the Navajo Nation in Utah, and for other purposes.
  • S.1001: A bill to amend the Indian Health Care Improvement Act to allow the Indian Health Service to cover the cost of a copayment of and Indian or Alaska Native veteran receiving medical care or services from the Department of Veterans Affairs, and for other purposes.
  • H.Res.361: Promoting minority health awareness and supporting the goals and ideals of National Minority Health Month in April 2019, which include bringing attention to the health disparities faced by minority populations of the United States such as American Indians, Alaska Natives, Asian Americans, African Americans, Hispanics, and Native Hawaiians or other Pacific Islanders.

April 11, 2019

NILL added new content to the Indian Law Bulletins on 4/11


Photo of US Supreme Court building

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2018-2019update.html
Petitions for certiorari were filed recently in these cases:
Havasupai Tribe v. Provencio, et al. (Federal Consultation with Tribes)
Comanche Nation of Oklahoma v. Zinke (Land into Trust; Jurisdiction)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
Employers Mutual Casualty Company v. Ethel B Branch (Jurisdiction)
Pueblo of Isleta v. Michelle Lujan Grisham (Gaming - Revenue Sharing)
Brisbois v. Tulalip Tribal Court (Indian Civil Rights Act; Writ of Habeas Corpus)

Tribal Courts Bulletin
http://www.narf.org/nill/bulletins/tribal/2019.html
Louis-Williams v. Colville Confederated Tribes (Tribal Government - Expulsion)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2019.html
In Matter of Dupree M
. (Indian Child Welfare Act - Transfer to Tribal Court)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2019.html
  • Ensuring Natives count: Overcoming the 2020 census challenge.
  • Environmental Justice in Indian Country.
  • First steps: One tribe's domestic violence criminal jurisdiction experience.
  • ICWA in a world with assisted reproductive technology.
  • Leaving the office ethically.
  • The year of the Native voter.
  • Tribal utility development energy development and services on tribal land.
  • In memory of Rodney Blaine Lewis.
  • Stolen or lawful? A case review of an Indian tribe's claim to aboriginal land in California.
  • Strange bedfellows: Native American tribes, big pharma, and the legitimacy of their alliance.
  • Rethinking administrative advocacy: A step-by-step approach from former government insiders.
  • Tribes and cannabis: Reaching new highs in the burgeoning cannabis marketplace.
  • The Violence Against Women Act of 2018: A step in the right direction for Indian children and Federal Indian law.
  • Pipeline to tribal sovereignty: Celebrating the Pre-Law Summer Institute's 50th class.
  • Decolonizing shipwrecks through considerations of indigeneity in underwater cultural property decisions.
  • The Trump administration and lessons not learned from prior national monument modifications.
  • Original Nation Approaches to "International Law" (ONAIL): Decoupling of the nation and the state and the search for new legal orders.
  • IP rights and Indigenous rights: between commercialization and humanization of traditional knowledge.
  • Beyond transnational advocacy: Lessons from engagement of Myanmar Indigenous peoples with the UN Human Rights Council Universal Periodic Review.
News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
In the Land & Water section, we feature articles about consideration from Congress on tribal water rights issues.

U.S. Legislation Bulletin
https://www.narf.org/nill/bulletins/legislation/116_uslegislation.html
The following bills were added:
  • S.982: A bill to increase intergovernmental coordination to identify and combat violent crime within Indian lands of Indians.
  • S.1079: A bill to provide for the withdrawal and protection of certain Federal land in the State of New Mexico.
  • H.R.2031: To amend the Indian Self-Determination and Education Assistance Act to provide further self-governance by Indian Tribes, and for other purposes.
  • S.954: A bill to provide grants to State, local, territorial, and Tribal law enforcement agencies to purchase chemical screening devices and train personnel to use chemical screening devices in order to enhance law enforcement efficiency and protect law enforcement officers.
  • H.R.2128: To amend part A of title IV of the Social Security Act to clarify the authority of tribal governments in regard to the Temporary Assistance for Needy Families program.
  • H.R.2156: To amend the Surface Mining Control and Reclamation Act of 1977 to provide funds to States and Indian tribes for the purpose of promoting economic revitalization, diversification, and development in economically distressed communities through the reclamation and restoration of land and water resources adversely affected by coal mining carried out before August 3, 1977, and for other purposes.
  • S.Res.144: A resolution designating May 5, 2019, as the "National Day of Awareness for Missing and Murdered Native American Women and Girls".
  • S.1001: A bill to amend the Indian Health Care Improvement Act to allow the Indian Health Service to cover the cost of a copayment of and Indian or Alaska Native veteran receiving medical care or services from the Department of Veterans Affairs, and for other purposes.
  • H.R.2029: To direct the Comptroller General of the United States to submit a report on the response of law enforcement agencies to reports of missing or murdered Indians.
Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2019.html
We feature regulations of the Department of Commerce, National Oceanic and Atmospheric Administration, on taking of marine mammals.

April 3, 2019

NILL added new content to the Indian Law Bulletins on 4/3


NILL feather logo

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2018-2019update.html
Petitions for certiorari were filed in these cases:
Buchwald Capital Advisors LLC v. Sault Ste. Marie Tribe of Chippewa (Bankruptcy; Tribal Sovereign Immunity)
Oglala Sioux Tribe, et al. v. Fleming (Indian Child Welfare Act)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
Chemehuevi Indian Tribe v. Newsom (Indian Gaming Regulatory Act - Duration Provision)
United States v. Cooley (Fourth Amendment; Indian Civil Rights Act)
Seminole Tribe of Florida v. Azar (Indian Self-Determination and Education Assistance Act - Health Services)
LaBatte v. United States (Class Action Settlement Agreement)
Peggy Fontenot v. Mike Hunter (Oklahoma’s American Indian Arts and Crafts Sales Act)
City of Council Bluffs, Iowa v. United States Department of Interior (Gaming - Tribal Service Area)
Gibbs v. Haynes Investments, LLC (Lending Operations)
United States of America v. State of Washington (Fishing Rights - Usual and Customary Areas)
Bay Mills Indian Community v. Snyder (Jurisdiction, Land Title)

Tribal Courts Bulletin
http://www.narf.org/nill/bulletins/tribal/2019.html
John & Jean Letarte v. Mashantucket Pequot Gaming Enterprise (Personal Injuries; Negligence)
Wilding v. Mashantucket Pequot Gaming Enterprise (Employment Termination)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2019.html
  • Alaska Native perspectives on the Alaska constitution.
  • Banishment of non-Natives by Alaska Native tribes: A response to alcoholism and drug addiction.
  • Traditional jurisprudence and protection of our society: A jurisgenerative tail.
  • Trust lands for the Native Hawaiian Nation: Lessons from federal Indian law precedents.
  • Indigenous peoples, the international trend toward legal personhood for nature, and the United States.
  • Foundations of Sand: Justice Thomas's critique of the Indian Plenary Power Doctrine.
  • Agua Caliente Band of Cahuilla Indians v. Coachella Valley Water District: A tribe's successful fight for federally reserved water rights.
  • Extending tribal criminal jurisdiction outside of Indian Country: Kelsey v. Pope.
  • "Dramatically altered the legal landscape?" City of Sherrill v. Oneida Indian Nation in the lower courts.
  • A watershed moment in the education of American Indians: A judicial strategy to mandate the state of New Mexico to meet the unique cultural and linguistic needs of American Indians in New Mexico public schools.
  • Democratizing treaty fishing rights: Denying fossil-fuel exports in the Pacific Northwest.
  • Roe on the Rez: The case for expanding abortion access on tribal land.
  • Tribal lending under CFPB enforcement: Tribal sovereign immunity and the "true lender" distinction.
  • Na Mo'o O Ko'olau: The water guardians of Ko'olau weaving and welding collective memory in the war for East Maui water.
  • The wild west re-lived: Oil pipelines threaten Native American tribal lands.
  • A presidential power of monumental proportions: Does the Antiquities Act permit the review and revision of national monuments or can the president steal your land?
News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
In the Health and Welfare section, we feature articles about a new book and current legal action relating to adoption and the Indian Child Welfare Act.

U.S. Legislation Bulletin
https://www.narf.org/nill/bulletins/legislation/116_uslegislation.html
The following bills were added:
  • H.R.1937: To amend the Native American Business Development, Trade Promotion, and Tourism Act of 2000, the Buy Indian Act, and the Native American Programs Act of 1974 to provide industry and economic development opportunities to Indian communities.
  • H.R.2017: To amend the Internal Revenue Code of 1986 to make permanent the Indian employment credit.
  • S.954: A bill to provide grants to State, local, territorial, and Tribal law enforcement agencies to purchase chemical screening devices and train personnel to use chemical screening devices in order to enhance law enforcement efficiency and protect law enforcement officers.
  • H.Res.278: Expressing the sense of the House of Representatives to recognize the crisis of violence against Native women.
  • H.R.1964: To provide for the recognition of the Lumbee Tribe of North Carolina, and for other purposes.
Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2019.html
A notice of the Bureau of Indian Affairs, under the HEARTH Act, announces approval of a tribal ordinance authorizing the Fond du Lac Band to enter into leases for agricultural, residential, business, wind and solar, wind energy evaluation, and other authorized purposes without further BIA approval.

March 20, 2019

NILL added new content to the Indian Law Bulletins on 3/20


photo of US Supreme Court building

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2018-2019update.html
This case was decided on 3/19/19:
Washington State Department of Licensing v. Cougar Den (State Fuel Taxation)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
Texas v. Alabama-Coushatta Tribe of Texas (Indian Gaming)
Knighton v. Cedarville Rancheria of Northern Paiute Indians (Jurisdiction)
Frank's Landing Indian Community v. National Indian Gaming Commission (Gaming; Federal Recognition)
Cayuga Nation v. Bernhardt (Official Tribal Government)
Pueblo of Jemez v. United States of America (Aboriginal Title)

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
In the Economic Development section, we feature an article about a U.S. Supreme Court decision regarding state fuel taxation.

U.S. Legislation Bulletin
https://www.narf.org/nill/bulletins/legislation/116_uslegislation.html
The following bills were added:
  • S.804: A bill to amend the Marine Mammal Protection Act of 1972 to protect the cultural practices and livelihoods of producers of Alaska Native handicrafts and fossilized ivory products, and for other purposes.
  • H.R.1688: To help provide relief to State education budgets during a recovery economy, to help fulfill the Federal mandate to provide higher educational opportunities for Native American Indians, and for other purposes.
  • S.832: To nullify the Supplemental Treaty Between the United States of American the Confederated Tribes and Bands of Indians of Middle Oregon, concluded on November 15, 1865.
  • S.790: A bill to clarify certain provisions of Public Law 103-116, the Catawba Indian Tribe of South Carolina Land Claims Settlement Act of 1993, and for other purposes.
  • S.739: A bill to protect the voting rights of Native American and Alaska Native voters.

March 14, 2019

NILL added new content to the Indian Law Bulletins on 3/13

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2018-2019update.html
Petition for certiorari was filed on 3/4/19 in:
Teck Metals LTD v. The Confederated Tribes of the Colville Reservation (Comprehensive Environmental Response, Compensation, and Liability Act)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2019.html
  • State of Wyoming v. U.S. Dep't of the Interior confused agency overlap with preclusion: BLM had authority to promulgate the fracking rule for public lands, not tribal lands.
  • Tribal sovereign authority and self-regulation of health care services: The legal framework and the Swinomish Tribe's dental health program.
  • Monetizing tribal and state sovereign immunity in patent law: An attempt to neutralize the patent death squad.
  • Tribal (De) termination? Commercial speech, Native American imagery and cultural sovereignty.
  • The last judicial frontier: The fight for recognition and legitimacy of tribal courts.
Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
Little Traverse Bay Bands of Odawa Indians v. Whitmer (Reservation Boundaries)
Blue Lake Rancheria Economic Development Corporation v. Commissioner of Internal Revenue (Employment Taxation)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2019.html
Smith v. State (Jury Selection)
Matter of A. J. M. R. (Indian Child Welfare Act - Notice)

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
In the Health & Welfare section we feature articles about missing Native American women and children.

U.S. Legislation Bulletin
https://www.narf.org/nill/bulletins/legislation/116_uslegislation.html
The following were added:
  • H.R.1514: To sever United States Government relations with the Creek Nation of Oklahoma until such time as the Creek Nation of Oklahoma restores full Tribal citizenship to the Creek Freedman disenfranchised in the October 6, 1979, Creek Nation vote and fulfills all its treaty obligations with the Government of the United States, and for other purposes.
  • H.R.1643: To establish a grant program that provides grants to States, Territories of the United States, and Indian tribes for the pre-exposure prophylaxis (PrEP) programs, and for other purposes.
  • S.689: A bill to amend the Animal Health Protection Act to support State and Tribal efforts to develop and implement management strategies to address chronic wasting disease among deer, elk, and moose populations, to support research regarding the causes of chronic wasting disease and methods to control the further spread of the disease, and for other purposes.
  • S.Res.100: A resolution recognizing the heritage, culture, and contributions of American Indian, Alaska Native, and Native Hawaiian women in the United States.

February 28, 2019

NILL added new content to the Indian Law Bulletins on 2/28


Photo of courthouse with words Equal Justice Under Law

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2018-2019update.html
Petition for certiorari was filed on 2/14/19 in:
Wilson v. Horton’s Towing, et al.(Exhaustion of Tribal Court Remedies)


Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2019.html
  • Trespass and vandalism or protecting that which is holy? The missing piece of religious liberty land-use claims.
  • Presidential permitting for pipelines: Constitutionality and reviewability.
  • The Dakota Access Pipeline and the destruction of cultural heritage: Applying the crime against humanity of persecution before the ICC.
  • Bridging the jurisdictional void: Cross-deputization agreements in Indian Country.
  • Immunity inconsistency at the patent and trademark office: A case study for sovereign immunity in administrative adjudications.
  • International indigenous economic law.
  • A tiered approach to rights in traditional knowledge.
  • International indigenous economic law.
  • Dawn of a new day? The evolving relationship between the covention on biological diversity and international human rights law.
  • The fallacy of defensive protection for traditional knowledge.
  • Why is traditional knowledge different form all other intellectual property?
  • New dialogues, new pathways: Reframing the debate on intellectual property and traditional knowledge.
  • Traditional knowledge and genetic resources: Observing legal protection through the lens of historical geography and human rights.
Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
In re Greektown Holdings, LLC (Tribal Sovereign Immunity; Bankruptcy)
Stanko v. Oglala Sioux Tribe (Exhaustion of Tribal Court Remedies)
Energy Transfer Equity, LP v. Greenpeace International (Oil Pipeline; Racketeer Influenced and Corrupt Organizations Act)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2019.html
Long v. Snoqualmie Gaming Commission (Land into Trust; Gaming)
The People ex rel. Becerra v. Huber (Jurisdiction)
Matter of S.R. (Indian Child Welfare Act - Application of)|
In re. L.D. v. M.J. (Indian Child Welfare Act - Tribal Intervention)

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
In the Land & Water section we feature an article about the State of Alaska seeking to takeover subsistence management.

U.S. Legislation Bulletin
https://www.narf.org/nill/bulletins/legislation/116_uslegislation.html
The following were added:
H.R.1416: To protect the legal production, purchase, and possession of marijuana by Indian tribes, and for other purposes.
H.R.1351: To amend the Victims of Crime Act of 1984 to secure urgent resources vital to Indian victims of crime, and for other purposes.
S.582: To amend the duties of the Financial Crimes Enforcement Network (FinCEN) to ensure FinCEN works with tribal law enforcement agencies, protects against all forms of terrorism, and focuses on virtual currencies.


Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2019.html
The Department of the Interior, Bureau of Indian Affairs published a notice of the deadline for submitting completed applications to begin participation in the Tribal Self-Governance Program in fiscal year 2020 or calendar year 2020.