October 5, 2022

Indian Law Bulletins Updated 10/5/22

U.S. Supreme Court Bulletin

One petition for certiorari was granted on 10/3/22:

  • Oklahoma v. Sims (State Criminal Jurisdiction Over Non-Indians in Indian Country)

Four petitions for certiorari were denied on 10/3/22:

  • Acres v. Marston (Tribal Official Personal Immunity)
  • Becker v. Ute Indian Tribe of the Uintah and Ouray Reservation (Tribal Court Exhaustion and Jurisdiction; Tribal Sovereign Immunity)
  • Lopez v. Quaempts (Tribal Sovereign Immunity)
  • Mill Bay Members Association v. United States (Equitable Estoppel Against the Federal Government; Trust Status of Allotted Land)

Federal Courts Bulletin

  • Flandreau Santee Sioux Tribe v. Houdyshell (Indian Gaming Regulatory Act; Taxation)
  • Scotts Valley Band of Pomo Indians v. United States Department of the Interior (Administrative Procedure Act; Indian Gaming Regulatory Act)
  • The Chickasaw Nation v. Caremark PHC, LLC, et al. (Federal Arbitration Act; Tribal Sovereign Immunity)
  • Navajo Nation v. Office of Navajo and Hopi Indian Relocation, et al. (Navajo and Hopi Indian Land Settlement Act; Administrative Procedure Act)
  • Kialegee Tribal Town v. U.S. Department of the Interior, et al. (Tribal Jurisdiction)
  • Williams & Cochrane, LLP v. Rosette, et al. (Quechan Tribe; Attorney Termination; Lanham Act)
  • Roemen, et al. v. United States, et al. (638 Contract for Law Enforcement Services; Law Enforcement Assist Agreement)

State Courts Bulletin

  • Montana Democratic Party, et al. v. Jacobsen (Voting Rights; Voter Legislation)
  • King v. Arkansas Department of Human Services (Indian Child Welfare Act)

Tribal Courts Bulletin

  • In re welfare of L.C. (Tribal Law; Family Protection Orders)
  • In the Matter of the Estate of Laddie Taylor (Probate)

U.S. Regulatory Bulletin

  • Native American Graves Protection and Repatriation Review Committee: Notice of Nomination Solicitation (National Park Service)
  • Call for Nominations for Secretary Appointment to Treasury Tribal Advisory Committee (Treasury)
  • Endangered and Threatened Species; Take of Anadromous Fish (National Oceanic and Atmospheric Administration)
  • 2020 Census Tribal Consultation (Census Bureau)
  • Permits for Incidental Take of Eagles and Eagle Nests (Fish and Wildlife Service)

U.S. Legislation - 117th Congress Bulletin

  • S.5001 - A bill to amend the Communications Act of 1934 to improve access by Indian Tribes to support from universal service programs of the Federal Communications Commission, and for other purposes.
  • S.5048 - A bill 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.
  • H.R.9068 - To direct the Secretary of the Interior to establish a grant program to increase the capabilities of Tribal law enforcement agencies, and for other purposes.
  • H.R.9114 - To direct the Secretary of the Interior to establish a demonstration program to adapt the successful practices of providing foreign aid to underdeveloped economies to the provision of Federal economic development assistance to Native communities in similarly situated remote areas in the United States, and for other purposes.
  • H.R.9116 - 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)

  • Is the public domain just? : Biblical stewardship and legal protection for traditional knowledge assets.
  • Eli-Tpitahatomek Tpaskuwakonol Waponahkik (How we, Native people, reflect on the law in the Dawnland).
  • Burdened, but not burdened enough : A long-term solution to the difficulties posed by religious objections to resource development.
  • Youth and Indigenous voices in climate justice : Leveraging best practices from U.S. and Canadian litigation.
  • Treaty-based climate change claims : Litigation pathways in the face of cultural devastation.
  • Defining the scope of burial rights under the Native American Graves Protection and Repatriation Act.

News Bulletin

This week, in brief:

  • Native American Church to host historic field meeting with House Natural Resources Committee
  • Osage Nation Congress calls for repeal of Oklahoma's so-called 'critical race theory' ban
  • Can Indian Country withstand the new Supreme Court?
  • Native Americans’ decades long struggle for control over sacred lands is making progress
  • Montana judge knocks down Republicans’ tighter voting laws
  • Tribes sue Elko County over voter access