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.




February 21, 2019

NILL added new content to the Indian Law Bulletins on 2/21

https://www.narf.org/nill/bulletins/federal/2019.html
Texas v. Ysleta del Sur Pueblo (Tribal Gaming - State Regulation)

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 United States first climate change relocation: Recognition, relocation, and Indigenous rights at the Isle De Jean Charles.
  • At the intersection of health and justice: How the health of American Indians and Alaska Natives is disproportionately affected by disparities in the criminal justice system.
  • Minding the gap: Improving parental involvement to bridge education gaps between American Indian and non-Indian students.
  • Originalism and Indians.
  • Droughts, floods, and scarcity on a climate-disrupted planet: Understanding the legal challenges and opportunities for groundwater sustainability.
News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
In the Culture and Tradition section, see an article about legislation to establish official native languages in the state of South Dakota.

U.S. Legislation Bulletin
https://www.narf.org/nill/bulletins/legislation/116_uslegislation.html
The following bills were introduced:
  • S.948: A bill to provide for an independent outside audit of the Indian Health Service.
  • S.506: A bill to support State, Tribal, and local efforts to remove access to firearms from individuals who are a danger to themselves or others pursuant to court orders for this purpose.
  • S.524: A bill to establish the Department of Veterans Affairs Advisory Committee on Tribal and Indian Affairs, and for other purposes.
  • H.R.1225: 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.
  • H.Res.139: Supporting goals and ideals of International Mother Language Day in bringing attention to the importance of preserving linguistic and cultural heritage through education.
Tribal Courts Bulletin
https://www.narf.org/nill/bulletins/tribal/2019.html
Kloker v. Fort Peck Tribes (Hunting Regulation; Riparian Boundaries)

February 15, 2019

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


Swinomish Indian Tribal Community logo

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
First Interstate Bancsystem, INC. v. First Interstate Bank (Official Tribal Government)
Swinomish Indian Tribal Community v. Army Corps of Engineers
(Clean Water 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
  • No Ordinary Lawsuit: The Public Trust and the Duty to Confront Climate Disruption—Commentary on Blumm and Wood.
  • Climate change and the Arctic: Ideas for how the United States and Canada can protect their Arctic Indigenous peoples.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
In the Environment and Energy section, we feature an article about the Green New Deal and what it might mean for tribes.

U.S. Legislation Bulletin
https://www.narf.org/nill/bulletins/legislation/116_uslegislation.html
The following bills were introduced:
  • H.R.1151: To allow veterans to use, possess, or transport medical marijuana and to discuss the use of medical marijuana with a physician of the Department of Veterans Affairs as authorized by a State or Indian Tribe, and for other purposes.
  • H.R.1191: To amend section 520E of the Public Health Service Act to require States and their designees receiving grants for development and implementation of statewide suicide early intervention and prevention strategies to collaborate with each Federally recognized Indian tribe, tribal organization, urban Indian organization, and Native Hawaiian health care system in the state.
Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2019.html
The update includes two Department of the Interior, Bureau of Indian Affairs, notices of land acquisitions for tribes.

February 8, 2019

NILL added new content to the Indian Law Bulletins on 2/8

logo of FCC
Federal Communications Commission

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
National Lifeline Association v. Federal Communications Commission (Federal Communications Commission - Subsidies)
Mandan, Hidatsa and Arikara Nation v. United States Department of the Interior (Oil and Gas Drilling Permits)
United States of America v. Jack W. Turtle
(Lacey Act; Endangered Species)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2019.html
Interest of D.E.D.I (Indian Child Welfare Act - Expert Witnesses)

Tribal Courts Bulletin
http://www.narf.org/nill/bulletins/tribal/2019.html
Corporation of the President of the Church of Jesus Christ of Latter-Day Saints v. Window Rock District Court
(Jurisdiction; Pro Hac Vice)

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
  • Remaining silent in Indian Country: Self-incrimination and grants of immunity for tribal court defendants.
  • Second wave due diligence: The case for incorporating free, prior, and informed consent into the deep sea mining regulatory regime.
  • A clash between culture and law: A comparative look at the conflict between quiet title actions in Hawaii, the Kuleana Act of 1850, and the displacement of Indigenous people.
News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
In the Land and Water section, we feature an article about Arizona's drought plan and how it may impact farms, cities, tribes, and developers.

U.S. Legislation Bulletin
https://www.narf.org/nill/bulletins/legislation/116_uslegislation.html
The following bills and resolutions were introduced:
  • S.Res.37: A resolution designating the week beginning February 3, 2019, as "National Tribal Colleges and Universities Week."
  • S.Res.52: A resolution authorizing expenditures by the Committee on Indian Affairs.
  • S.294: A bill to establish a business incubators program within the Department of the Interior to promote economic development in Indian reservation communities.
  • S.305: A bill to amend the Internal Revenue Code of 1986 to recognize Indian tribal governments for purposes of determining under the adoption credit whether a child has special needs.
  • S.336: A bill 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.
  • H.R.958: To protect Native children and promote safety in Indian country.
  • H.R.1031: To take certain land located in San Diego County, California, into trust for the benefit of the Pala Band of Mission Indians, and for other purposes.