May 8, 2024

Indian Law Bulletins Updated 05/08/2024

Federal Courts Bulletin

  • United States v. Smith (Criminal Jurisdiction; Indian Pueblo Land Act Amendments of 2005)
  • United States v. Murphy (McGirt v. Oklahoma; Due Process)
  • Jones, et al. v. United States (Treaty Rights; "Bad Men" Provision)
  • Reges v. Cauce, et al. (Public Employee Speech; Land Acknowledgment Statement)
  • AQuate II LLC v. Myers (Tribal Sovereign Immunity; Employment Agreement)
  • Hayes v. Haaland, et al. (Mineral Leases; Administrative Procedures Act (APA); National Environmental Policy Act (NEPA))
  • Navajo Nation, et al. v. United States (Trust Mismanagement; Indian Tucker Act; Navajo-Hopi Land Settlement Act of 1974)
  • NDN Collective, et al. v. Retsel Corporation, et al. (Discrimination; Counterclaims)
  • Kanam, et al. v. Haaland, et al. (Federal Recognition; Tribal Court Judgment)

State Courts Bulletin

  • In re D.M. (Indian Child Welfare Act)
  • In the Matter of: J.O. (Indian Child Welfare Act)
  • H.A. v. Superior Court of San Joaquin County (Indian Child Welfare Act)
  • In re Peters/Brinton/Mathews, In re N. Brinton (Indian Child Welfare Act)
  • Confederated Tribes of the Warm Springs Reservation of Oregon v. Deschutes County (Fishing Rights)

U.S. Legislation - 118th Congress Bulletin

  • S.4273 - A bill to amend the Older Americans Act of 1965 to enhance the longevity, dignity, empowerment, and respect of older individuals who are Native Americans, and for other purposes.
  • S.Res.674 - A resolution designating May 5, 2024, as the "National Day of Awareness for Missing and Murdered Native Women and Girls".
  • H.Con.Res.107 - Designating Northwest Coast Art as a rare and valuable national treasure.

U.S. Regulatory Bulletin

  • Rate Adjustments for Indian Irrigation Projects (Interior)
  • Planning (USDA)
  • Asian American, Native Hawaiian, and Pacific Islander Heritage Month, 2024 (Office of the President)
  • Alaska Native Claims Selection (Interior)
  • Water Quality Standards Regulatory Revisions To Protect Tribal Reserved Rights (EPA)

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

  • Consequences of The Indian Gaming Regulatory Act on arbitrability: A comment on Seneca Nation of Indians v. New York.
  • Denezpi v. United States: Tribal self-determination, safety, and the necessary role of the dual-sovereignty doctrine.
  • The dependency taboo: Protecting human rights against the Tribal sovereignty claim.
  • The Indian Child Welfare Act, political classification of “Indians,” and preservation of Tribal sovereignty: Children, the most precious resource.
  • A note on Navajo Nation v. Urban Outfitters, Inc.
  • Oklahoma v. Castro-Huerta: Oklahoma’s latest power grab and its implications for Native women in a post-Roe world.
  • Removing the stain without undermining military awards: Revoking medals earned at Wounded Knee Creek in 1890.
  • The split from precedent: An analysis of the negative impact Oklahoma v. Castro-Huerta will have in Indian Country.
  • Status to be determined: Analyzing Indian status within the General Crimes Act in a post-Castro-Huerta landscape.
  • Unequal land: Towards full recognition of Indigenous people’s religious rights.
  • Unprincipled preemption: Why the Supreme Court was wrong in Oklahoma v. Castro-Huerta to abandon exclusive federal jurisdiction over crimes by non-Indians against Indians in Indian Country.

News Bulletin

This week, in brief:

  • Tribes, National Congress of American Indians oppose Montana's TikTok ban on grounds of sovereignty
  • North Dakota changes course on Tribal redistricting case, asks US Supreme Court to rule
  • MMIW awareness: a day to remember centuries of Missing & Murdered Indigenous Women
  • The Boldt Decision and where the rule of law held
  • Undamming the Klamath