April 3, 2019

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

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U.S. Supreme Court Bulletin
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
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
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)
  • 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
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
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
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.