May 26, 2021

Indian Law Bulletins Updated 5/26

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2021.html

  • Loring v. Daly (Tribal Sovereign Immunity; Religious Land Use and Institutionalized Persons Act)
  • United States, Osage Minerals Council v. Osage Wind, LLC (Wind Turbines; Property Rights)
  • Noem v. Haaland (National Historic Preservation Act; Religious Freedom Restoration Act)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2021.html

  • Petitioner/Cross-Respondent: The People of the State of Colorado, In the Interest of Minor Children: K.C. and L.C., v. Respondents/Cross-Petitioners: K.C. and L.C., and Concerning Respondent: D.C. (Indian Child Welfare Act)
  • Great Plains Lending, LLC v. Department of Banking (Tribal Sovereign Immunity; Sovereign Lending)
  • Jamelle A. v. Department of Child Safety (Indian Child Welfare Act)

U.S. Legislation - 117th Congress Bulletin
https://narf.org/nill/bulletins/legislation/117_uslegislation.html

  • S.1725 - A bill to grant a Federal charter to the National American Indian Veterans, Incorporated.
  • S.1735 - A bill to establish an Office of Native American Affairs within the Small Business Administration, and for other purposes.
  • S.1797/H.R.3496 - To amend the Indian Health Care Improvement Act to expand the funding authority for renovating, constructing, and expanding certain facilities.

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2021.html

  • Ending the interminable gap in Indian Country water quality protection.
  • Native treaties and conditional rights after Herrera.
  • "The rule of the strong, not the rule of law": Reexamining implicit divestiture after McGirt v. Oklahoma.
  • Tribal lending after Gingras.

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

  • Bipartisan bill brings long-overdue boost to urban Indian health providers
  • Washington State Tribal Coalition passes unprecendented climate change bill, puts consent instead of consultation into law
  • Gov. Noem's Mount Rushmore lawsuit sparks legal fight with tribe
  • In new ad campaign, tribal coalition urges Biden to ‘restore and expand’ Bears Ears monument
  • Colonization’s dark history puts heavy burden on tribes seeking repatriation of remains, objects
  • Protocol will help guide Indigenous knowledges and data collecting, sharing, interpretation and storage
  • Indigenous healthcare professional and student discuss their journeys in the healthcare field
  • The Gila River Indian Community innovates for a drought-ridden future
  • Call Number with American Libraries Podcast: NILL Director Anne Lucke discusses the importance of a library dedicated to tribal law
  • Petroglyph vandalism is not a victimless crime

May 19, 2021

Indian Law Bulletins Updated 5/19

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2020-2021update.html
A petition for certiorari was filed in one case on 4/21/21:

  • Jamul Action Committee, et al. v. Simermeyer, et al. (Tribal Sovereign Immunity)
A petition for certiorari was denied in one case on 5/17/21:
  • Eglise Baptiste Bethanie De Ft. Lauderdale, et al. v. Seminole Tribe of Florida, et al. (Tribal Sovereign Immunity; Religious Rights)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2021.html

  • Little Traverse Bay Bands of Odawa Indians v. Whitmer (Treaty Rights; Reservation Diminishment)
  • Grondal v. United States (Tribal Sovereign Immunity; Indian Leasing)
  • Loonsfoot v. Brogan (Tribal Exhaustion; Habeas Petition)
  • Shoshone-Bannock Tribes of the Fort Hall Reservation v. United States (Fee-to-Trust; IGRA)
  • Chicharello v. U.S. Department of the Interior (Education)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2021.html

  • Stand Up For California! v. State of California (Indian Gaming)
  • Monice C. v. Department of Child Safety, Salt River Pima-Maricopa Indian Community (Indian Child Welfare Act)

U.S. Legislation - 117th Congress Bulletin
https://narf.org/nill/bulletins/legislation/117_uslegislation.html

  • H.Res.411 - Expressing the sense of the House of Representatives to recognize the crisis of violence against Native women.
  • H.R.3158 - To repeal certain obsolete laws relating to Indians.
  • H.R.3231 - To provide for the recognition of certain Alaska Native communities and the settlement of certain claims under the Alaska Native Claims Settlement Act, 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/2021.html

  • Toward tribal regulatory sovereignty in the wake of the COVID-19 pandemic.
  • Contract law--forced arbitration--third circuit rules that tribal payday lenders cannot compel arbitration. Williams v. Medley Opportunity Fund II, LP.
  • Tribally defined citizenship criteria: Countering whiteness as property interpretations of "Indian" for restoring inherent sovereignty.

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

  • Indian Country cheers nomination of Muscogee Nation citizen to federal bench
  • Secretary Haaland approves new constitution for Cherokee Nation, guaranteeing full citizenship rights for Cherokee Freedmen
  • Montana tribes file lawsuit challenging new voting laws
  • Vaccinating Native youth
  • Reckoning over racism prompts University of Miami to address a gap: 'We have no Indigenous perspectives on our campus'
  • Private museums could face NAGPRA scrutiny
  • History comes full circle as historic medal is returned to the Seneca Nation Monday
  • Native students finally win the right to wear tribal regalia at graduation ceremonies
  • Lithium mining proposal in Northern Nevada threatens Paiute and Shoshone land
  • Enbridge's Line 3 is putting wild rice at risk--and Indigenous water protectors are taking a stand

May 12, 2021

Indian Law Bulletins Updated 5/12

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2021.html

  • United States v. Haggerty (Property Damages; Criminal Jurisdiction)
  • The Klamath Tribes v. Bureau of Reclamation (Endangered Species Act; Resource Management)
  • State of Kansas v. Department of the Interior (Fee-to-Trust; IGRA)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2021.html

  • Walsh v. State of Minnesota (Reservation Boundary; Law Enforcement Jurisdiction)
  • In the Matter of the Welfare of the Child of T.A.V.G. (Indian Child Welfare Act; Minnesota Indian Family Preservation Act)
  • In the Matter of N.C.H. (Indian Child Welfare Act)

Tribal Courts Bulletin
https://www.narf.org/nill/bulletins/tribal/2021.html

  • In the Matter of: K.F. & J.F. Minor Indian Children (Custodial Agreements; Tribal Law)

U.S. Legislation - 117th Congress Bulletin
https://narf.org/nill/bulletins/legislation/117_uslegislation.html

  • S.1543 - A bill to amend the Public Health Service Act to provide best practices on student suicide awareness and prevention training and condition State educational agencies, local 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.
  • H.R.3091 - To support clarity and consistency with regard to the exercise of criminal jurisdiction and authority in Indian country, 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/2021.html

  • Building a basketball arena on tribal land: A collaborative approach for the National Basketball Association and American Indian tribes.
  • American imperialism in Hawai'i: How the United States illegally usurped a sovereign nation and got away with it.
  • Permanent homelands through treaties with the United States: Restoring faith in the tribal nation-U.S. relationship in light of the McGirt decision.
  • Equity over equality: Equal protection and the Indian Child Welfare Act.

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

  • Tribes can hunt on ancestral lands north of U.S. border, Canada says
  • Judge rules against Klamath Tribes
  • Native News Online MMIW live stream panelists cite reasons for ongoing problem
  • Michigan tribe banishes Enbridge Line 5 pipeline
  • Graduations shouldn't be 'another form' of erasure
  • Senate Committee on Indian Affairs to hear testimony on COVID-19 impact on the Native tourism economies
  • Descendant of Native American civil rights pioneer calls on Harvard to return tomahawk
  • Citizen Potawatomi Nation acquires one of Oklahoma's oldest banks
  • Cherokee, Chicksaw leaders support expected federal bill to address criminal jurisdiction
  • Red Jacket Peace Medal returned to Seneca Nation after more than a century