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.