National Indian Law Library : January 2020

January 29, 2020

Indian Law Bulletins Updated 1/29

Menominee Indian Tribe of Wisconsin v. EPA (Cultural Resources; Trust Relationship)
United States v. Cooley (Indian Civil Rights Act)
Mann v. Mohr (Religious Land Use and Institutionalized Persons Act)
JW Gaming Development, LLC v. James (Sovereign Immunity)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2020.html
Gustafson v. Poitra (Tribal Jurisdiction)

U.S. Legislation - 116th Congress Bulletin
https://narf.org/nill/bulletins/legislation/116_uslegislation.html
H.R.5673 - Gros Ventre and Assiniboine Tribes of the Fort Belknap Indian Community Water Rights Settlement Act of 2020

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:

'An Indian is an Indian is an Indian': Tribes defend sovereignty amid attack on Indian Child Welfare Act
'It makes you really not like your people': #StopDisenrollment campaign returns amid rise in tribal removals
Agua Caliente files new lawsuit against Coachella water districts
Coastal erosion unites village of Kivalina and Louisiana tribes in UN complaint
Washington state bill would makes Afros, braids protected hairstyles
The State of South Dakota and the Sioux Tribes
New North Dakota election chief disputes checkered past, looks to 'be responsive' to voter ID issues
Oklahoma legislation seeks to prevent missing, murdered Native Americans
Utah tribal leaders protest legislation aimed to keep Native American mascots
Aquinnah Wampanoag Tribe defends sovereignty in gaming case

January 22, 2020

Indian Law Bulletins Updated 1/22

We have scoured the web. Here are some of the latest materials related to Indian Law. Find all of the latest updates at narf.org/nill/bulletins/

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2019-2020update.html
Read the latest update memo from the Tribal Supreme Court Project.

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2020.html

Little Dog v. Flathead County (American Indian Religious Freedom Act)
State of Maine v. Houlton Band of Maliseet Indians and Penobscot Nation (Water Quality Standards)
Ysleta Del Sur Pueblo v. City of El Paso (Tribal Property; Pueblo Lands Act)
Cherokee Nation v. Department of the Interior (Administrative Procedure Act)
Dobbs v. Fond du Lac Reservation Business Committee (Sovereign Immunity)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2020.html

Mendoza v. Isleta Resort and Casino (Sovereign Immunity)
State of Minnesota v. Thompson (Tribal Jurisdiction)
State of New Mexico v. Salazar (Criminal Jurisdiction)

Tribal Courts Bulletin
https://www.narf.org/nill/bulletins/tribal/2020.html
Renzi v. Mashantucket Pequot Gaming Enterprise (Personal Injury)

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:

The necessity of the Indian Child Welfare Act
Census count is 'an act of rebellion'
Bureau of Indian Affairs propose change affecting Alaska tribal recognition
Guest opinion: Bison transfer corrects longstanding wrong
Tohono O'odham historic sites at risk as border wall construction advances in Arizona
This South Seattle treatment center has been helping Native people beat substance use disorders for more than 30 years. So why is it closing?
Tribes file complaint with UN saying climate change threatens existence
Native Sun News Today: Gerry Robinson publishes new book about early Cheyenne history
'A Native lens' on the 2020 presidential campaigns
Indigenous musicians come together in a sacred and safe space

January 15, 2020

Indian Law Bulletins Updated 1/15

We have scoured the web. Here are some of the latest materials related to Indian Law. Find all of the latest updates at narf.org/nill/bulletins/

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2019-2020update.html
Petition for certiorari were denied in two cases on 1/13/20:
Alabama-Coushatta Tribe of Texas v. State of Texas (Indian Gaming Regulatory Act)
Spurr v. Pope (Jurisdiction; Violence Against Women Reauthorization Act)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2020.html
Landreth v. United States (Pro Se Property)
United States v. Uintah Valley Shoshone Tribe (Fishing and Hunting Rights)
Chinook Indian Nation v. Bernhardt (Federal Recognition)
Native Village of Nuiqsut v. Bureau of Land Management (Land Usage)
Red Cliff Band of Lake Superior Chippewa Indians v. Bayfield County (Zoning Regulations; Tribal Property)
Hengle v. Asner (Sovereign Immunity)
Pawnee Nation of Oklahoma v. Bureau of Indian Affairs (Administrative Procedures Act; Trust Obligations)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2020.html

From sovereignty to self-determination: Emergence of collective rights of Indigenous peoples in natural resources management.
Tribal identification and free and fair elections.
Is there a role for local governments in recognizing Native American tribes?

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:

On the largest freshwater island in the world, Lake Huron's Native Americans warn of the fragility of water
Lawmakers set to advance more Indian Country legislation after end of year rush
Repeal of ACA would devastate Indian Country, says Walker River Paiute Tribal chairman
New online tool points consumers to Native American-owned businesses
Seneca Nation celebrates return of Cornplanter pipe tomahawk
Tribal management of bison range is restorative justice
National Native American Boarding School Healing Coalition announces ten-year strategic plan and receives $10M grant
Grijalva asks feds to 'respect tribal lands' during border construction
EdWeek video: "From the Pueblo to College: The Journey of Two Rural Students"

January 8, 2020

Indian Law Bulletins Updated 1/8

We have scoured the web. Here are some of the latest materials related to Indian Law. Find all of the latest updates at narf.org/nill/bulletins/

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2019-2020update.html
Petition for certiorari was filed in this case on 12/23/19:
McMahon v. Chemehuevi Indian Tribe (Reservation Diminishment)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2020.html
Narragansett Indian Tribe v. Hendrickson (National Historic Preservation Act)
Big Horn County Electric Cooperative, Inc. v. Big Man (Sovereign Immunity)
Eglise Baptiste Bethanie de St. Lauderdale, Inc. v. Seminole Tribe of Florida (Sovereign Immunity)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2020.html
The People in the Interest of S.B. (Indian Child Welfare Act)

Tribal Courts Bulletin
https://www.narf.org/nill/bulletins/tribal/2020.html
Martell v. Fort Peck Tribes (Court Procedure)
Moon v. Hoopa Valley Tribe (Employee Termination)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2020.html

Aboriginal rights and constitutional conflict: The Marshall court, state federal and sovereignty and Native American rights under the 1789 constitution.
Nothing is over: FTCA claims for toxic torts on Native lands.
Green means go: Tribes rush to regulate cannabis in Indian Country.
Waived: The detrimental implications of U.S. immigration and border security measures on southern border tribes--an analysis of the impact of President Trump's border wall on the Tohono O'odham Nation.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:

New Muscogee (Creek) Nation leaders take office
Indigenous song keepers reveal traditional ecological knowledge in music
Native Americans fight historical discrimination to lower diabetes, obesity rates
South Dakota state of the tribes speech is like 'trying to put the toothpaste back in the tube'
Open letter on Mauna Kea by Violet Pohakuku'i'ai Lui
Montana extends Spring Creek Mine permit, questions over tribal immunity remain
Why are Diné LGBTQ+ and Two Spirit people being denied access to ceremony?
Letter to the editor: Stitt's attack on tribes follow the Trail of Tears pattern

January 3, 2020

Indian Law Bulletins Updated 1/3/2020

We have scoured the web. Here are some of the latest materials related to Indian Law. Find all of the latest updates at narf.org/nill/bulletins/index.html

Congratulations to our long-time client, the Little Shell Tribe of Chippewa Indians of Montana who, after more than a hundred years of battling the federal government for recognition, were finally legislatively recognized by Congress.
https://www.narf.org/little-shell-recognition/

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2020.html
United States v. Harrington (Sentence Enhancement)
Allen v. United States (Federal Recognition)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2020.html
Walter v. Oregon Board of Education, and, The Confederated Tribes of Siletz Indians of Oregon (Cultural Resources, Indian Mascots)

Tribal Courts Bulletin
https://www.narf.org/nill/bulletins/tribal/2020.html
Levy v. Mashantucket Pequot Education Committee (Tribal Benefits)

U.S. Legislation - 116th Congress Bulletin
https://narf.org/nill/bulletins/legislation/116_uslegislation.html

S.3126 - A bill to amend the Public Health Service Act to authorize a special behavioral health program for Indians.
S.3113 - A bill to provide for the settlement of the water rights claims of the Fort Belknap Indian Community, and for other purposes.
H.R.5502 - Removing Federal Barriers to Offering of Mobile Sports Wagers on Indian Lands Act
H.R.5510 - To amend the Help America Vote Act of 2002 to explicitly authorize distribution of grant funds to the voting accessibility protection and advocacy system of the Commonwealth of the Northern Mariana Islands and the system serving the American Indian consortium, and for other purposes.

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2020.html

Fighting on behalf of the Salish Sea.
"Enough's Enough": Protest law and the tradition of chilling Indigenous free speech.
The flourishing race: How the success of American Indian artist-entrepreneurs underscores the need for enhanced legal protections for Native intellectual property.
In the aftermath of rampage shootings: Is healing possible? Hard lessons from the Red Lake Band of Chippewa Indians and other Indigenous peoples.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:

With execution on hold, Navajo inmate presses court on jury bias claim
Native American leaders determined to avoid repeat of last census undercount
Flandreau Santee Sioux tribe's hemp plan approved
NTU starts Navajo language translation program in preparation for 2020 elections
Montana federal judge refuses to dismiss Keystone XL Pipeline lawsuits
Uranium mine near Grand Canyon 'is an intrusion' and a 'risk to the groundwater'
Two spirit couple seeks LGBTQ equality for South Dakota tribes
Honoring Native traditions behind bars
Rx for ailing Indian Health Service: Changes in spending, recruitment