May 10, 2023

Indian Law Bulletins Updated 5/20/2023

Federal Courts Bulletin

  • United States v. Peneaux (Domestic Abuse; Effect of Tribal Court Conviction)

Tribal Courts Bulletin

  • Kelek v. Cherokee Nation Entertainment, LLC (Mental Distress; Summary Judgment)
  • In the Matter of K.E.L. (Right to Obtain Legal Counsel)
  • In the Matter of L.F.H. (Custody Order; Abuse of Discretion or Misapplication of the Law)
  • Fort Peck Tribes v. Ahneman (Dismissal With Prejudice; Right to Speedy Trial)

State Courts Bulletin

  • In re E.W. (Indian Child Welfare Act)

U.S. Legislation - 118th Congress Bulletin

  • S.1492 - A bill to provide for the settlement of claims relating to the Shab-eh-nay Band Reservation in Illinois, and for other purposes.
  • H.R.3097 - To amend the Bridgeport Indian Colony Land Trust, Health, and Economic Development Act of 2012 to remove the restriction on class II gaming on certain land in California.
  • S.Res.194 - A resolution designating May 5, 2023, as the "National Day of Awareness for Missing and Murdered Native Women and Girls".

U.S. Regulatory Bulletin

  • Missing or Murdered Indigenous Persons Awareness Day, 2023 (Presidential Proclamation)
  • Alaska Native Claims Selection (Interior)
  • Federal Baseline Water Quality Standards for Indian Reservations (EPA)
  • Section 184 Indian Housing Loan Guarantee Program; Reduction to the Upfront and Annual Loan Guarantee Fees (HUD)

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

  • Abrogating tribal sovereign immunity via the bankruptcy code.
  • Case law on American Indians.
  • Dual taxation - unbalanced and arbitrary.
  • Lost in translation: Absence of domestic implementation of international norms for the Indigenous Peoples of the United States.
  • Native American intellectual property protection: Altering federal IP law and the Indian Arts and Crafts Act to aid tribal economic development.
  • Oil, indifference, and displacement: An Indigenous community submerged and tribal relocation in the 21st century.
  • "The past got broken off": Classifying "Indian" in the Indian Child Welfare Act.
  • Searching for Indigenous truth: Exploring a restorative justice approach to redress abuse at the American Indian boarding schools.
  • Toward a tribal role in groundwater management.

News Bulletin

This week, in brief:

  • 50 year fight for Native education leads to lawsuit against Montana Office of Public Instruction
  • Riverbank erosion prompts Wisconsin band to ask for emergency shutdown of Line 5
  • Odawa tribe in West Michigan continues fight for federal recognition
  • California tribe teams up with state, federal agencies to protect endangered salmon
  • Proposal would allow American Indian students in NC to wear feathers at graduation
  • Biden declares May 5 'Missing or Murdered Indigenous Persons Awareness Day,' but challenges remain
  • Tribal advocates secure settlement for local elections in North Dakota county
  • The EPA extends federal protection to tribal waters