May 3, 2023

Indian Law Bulletins Updated 5/03/23

Federal Courts Bulletin

  • United States v. Milk (Federal Criminal Jurisdiction; Major Crimes Act)
  • Upper Skagit Indian Tribe v. Sauk-Suiattle Indian Tribe (Treaty Fishing Rights)
  • Tule Lake Committee v. Federal Aviation Administration, et al. (Dismissal for Lack of Jurisdiction; Transfer of Property)
  • King v. Calderin, et al. (Religious Land Use and Institutionalized Persons Act; Injunctive Relief)
  • HCI Distribution, Inc. and Rock River Manufacturing, Inc. v. Hilgers, et al. (Tobacco Product Regulations; Indian Taxation)
  • Old Bull v. United States (Tribal Sovereign Immunity; Tribal Officials)

Tribal Courts Bulletin

  • Fort Peck Tribes v. Lopez (Probable Cause)
  • In the Matter of A.G. (Guardianship; Due Process)

State Courts Bulletin

  • In the Matter of: N.D.M. (Indian Child Welfare Act)
  • Santa Ynez Band of Chumash Mission Indians of Santa Ynez Reservation California v. Lexington Insurance Company (Contract of Property Insurance; COVID-19 Damages)

U.S. Legislation - 118th Congress Bulletin

  • S.1308 - A bill to amend the Indian Self-Determination and Education Assistance Act to extend the deadline for the Secretary of the Interior to promulgate regulations implementing title IV of that Act, and for other purposes.
  • S.1322 - A bill to amend the Act of August 9, 1955, to modify the authorized purposes and term period of tribal leases, and for other purposes.
  • S.1328 - A bill to clarify the rights of Indians and Indian Tribes on Indian lands under the National Labor Relations Act.
  • H.R.2873 - To ensure all federally recognized Tribes that are eligible for gaming in the United States are regulated under the Indian Gaming Regulatory Act, and for other purposes.
  • H.Res.353 - Expressing support for the designation of May 5, 2023, as the "National Day of Awareness for Missing and Murdered Indigenous Women and Girls".

U.S. Regulatory Bulletin

  • Asian American, Native Hawaiian, and Pacific Islander Heritage Month, 2023 (Presidential Proclamation)
  • Final Priorities, Requirements, and Definitions-State-Tribal Education Partnership Program (Education)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)

  • The effectiveness of an ICWA Court at achieving improved ICWA implementation and outcomes: A pre-post intervention study.
  • Exploring Indian Child Welfare Act implementation and case outcomes.
  • The Gladue approach: Addressing Indigenous overincarceration through sentencing reform.
  • A human rights approach to cultural property: Repatriating the Yaqui Maaso Kova.
  • The Indian Child Welfare Act during the Brackeen years.
  • Integrating traditional ecological knowledge into US public land management: Knowledge gaps and research priorities.
  • Johnson v. M’Intosh and the missing cover of the jigsaw puzzle.
  • Laboratories of the future: Tribes and rights of nature.
  • Looking for a system with its head and heart in balance: Using institutional analysis to assess Indian Child Welfare Act implementation in Saint Louis County, Minnesota.
  • The power of tribal courts in ongoing environmental-tort litigation.
  • Restoring Indian reservation status: An empirical analysis.
  • The sacred and the profaned: Protection of Native American sacred places that have been desecrated.
  • Uncircle the wagons: Reconciling Wyoming's regulatory tradition with the Eastern Shoshone's treaty-based off-reservation hunting rights.
  • Water rights of public domain allotments.

News Bulletin

This week, in brief:

  • New podcast sheds light on abuses at Native American boarding schools: 'Justice needs to be served'
  • Bill would enforce constitutional mandate to teach students about Native American cultures
  • Kivalina fights climate disasters amid Arctic Sea ice loss and storms
  • Who gets a say in tribal treaty hunting?
  • Oklahoma governor vetoes tribal regalia bill
  • How changing the United Nations will help Indigenous peoples and the world
  • Oklahoma Supreme Court's opinion challenging parts of the Indian Child Welfare Act is flawed, experts say
  • U.S. Department of Justice issues new guidelines for missing and murdered Indigenous people cases