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
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)
  • 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
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
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
In the Land & Water section we feature an article about the State of Alaska seeking to takeover subsistence management.

U.S. Legislation Bulletin
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
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.