June 7, 2023

Indian Law Bulletins Updated 06/07/2023

U.S. Supreme Court Bulletin

Two petitions for certiorari were filed:

  • Conference of Presidents of Major Italian American Organizations v. City of Philadelphia (Injury in fact standing doctrine)
  • Martin v. Sandoval County, New Mexico (Right to just compensation for private property taken for public use)

Federal Courts Bulletin

  • In re North Dakota Legislative Assembly (Voting Rights Act; Legislative Privilege)
  • In re Klamath Irrigation District (Water Rights; Writ of Mandamus)
  • United States v. Fisher (Warrantless Search and Seizure)
  • Richman and ex rel. C.R. v. Native Village of Selawik, et al. (Tribal Court Jurisdiction; Tribal Sovereignty)
  • Brooks v. Branham (Monacan Indian Tribe; Intra-Tribal Disputes)
  • Halverson v. Haaland (Partition and Conveyances; Estate Services)
  • Jackson v. Blackfeet Enrollment Office (Tribal Sovereignty; Indian Civil Rights Act; Lack of Jurisdiction)
  • Bibeau v. Commissioner of Internal Revenue (Treaty Rights; Indian Taxation)
  • United States v. Michigan (Great Lakes Fisheries Management; Treaty Rights; Intervention)
  • Oglala Sioux Tribe v. United States (Treaty Rights; Bad Men Clause; Tribal Law Enforcement Funding)

Tribal Courts Bulletin

  • Tohono O'odham Nation v. Frank (Indian Civil Rights Act; Probation Revocation)
  • Williams v. The Tulalip Tribes (Probation Revocation)
  • In re Anita (Probate; Homesite)
  • Galanos v. Mohegan Tribal Gaming Authority (Mohegan Torts Code; Spoilation; Negligence)
  • In re Miller (Probate; Ancillary Probate in County Court)
  • Rayton and Palmer v. Colville Confederated Tribes, et al. (Employment Termination; Internal Review Board Hearing)

State Courts Bulletin

  • Tuluksak Native Community v. Department of Health and Social Services (Indian Child Welfare Act; Mental Health Treatment; Lack of Standing)

U.S. Legislation - 118th Congress Bulletin

  • S.1780 - A bill to amend the Indian Self-Determination and Education Assistance Act to allow the Secretary of Agriculture to enter into self-determination contracts with Tribal organizations to carry out the authority of the Food Safety and Inspection Service, and for other purposes.
  • S.1783 - A bill to provide for the equitable settlement of certain Indian land disputes regarding land in Illinois, and for other purposes.

U.S. Regulatory Bulletin

  • Public Land Order No. 7923 for Public Lands Withdrawal Surrounding Chaco Culture National Historical Park Boundary; San Juan, Sandoval, and McKinley Counties, New Mexico (BLM)
  • Notice of Purchased/Referred Care Delivery Area Redesignation for the Hoh Indian Tribe in the State of Washington (IHS)
  • Receipt of Documented Petition for Federal Acknowledgment as an American Indian Tribe (Interior)
  • Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2023 Harvest Specifications for Pacific Whiting, and 2023 Pacific Whiting Tribal Allocation (Commerce)
  • Rural Business Development Grant (RBDG) Regulation: Tribes and Tribal Business References To Provide Equitable Access (USDA)

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

  • Burning questions: Changing legal narratives on cannabis in Indian Country.
  • “The center cannot hold”: Nation and narration in American Indian law.
  • Copyright management information (CMI) as a tool to protect indigenous cultural works.
  • The impact of climate change on the cultural identity of Indigenous Peoples and the nation’s first “climate refugees”.
  • Indigenous boarding schools in the United States and Canada: Potential issues and opportunities for redress as the United States government initiates formal investigation.
  • Intersectional management: An analysis of cooperation and competition on American public lands.
  • State ex rel. Matloff v. Wallace: Reversing course on subject matter jurisdiction.
  • Surviving Castro-Huerta: The historical perseverance of the basic policy of Worcester v. Georgia protecting tribal autonomy, notwithstanding one Supreme Court opinion's errant narrative to the contrary.
  • Two countries in crisis: Man camps and the nightmare of non-indigenous criminal jurisdiction in the United States and Canada.
  • United States v. Cooley: A step towards tribal sovereignty.

News Bulletin

This week, in brief:

  • History made as first Navajo appointed U.S. federal judge in California
  • Feds withdraw land around Chaco from drilling
  • Utah’s latest attack on the Antiquities Act
  • New laws back Indigenous students wearing tribal regalia at graduation
  • US Army to return 5 Native ancestors to their descendants this fall
  • Montana acts to protect Native American priority in adopting Native children