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.