New Legislation Bulletin

On April 24, 2009, the Library launched a new Bulletin as part of its Indian Law Bulletin service. The U.S. Legislation Bulletin tracks selected federal Native American-related legislation from Congress. To read more about the Bulletin, visit http://narf.org/nill/bulletins/legislation/aboutlegislation.htm

To access the Bulletin, go to http://narf.org/nill/bulletins/legislation/new_uslegislation.htm

The purpose of the Indian Law Bulletins, a current awareness service, is to provide succinct and timely information about new developments in Indian Law. Access the Bulletins at http://narf.org/nill/bulletins/ilb.htm . You can also contact us to receive E-mail notification when new updates are published. Please specify if you wish to be notified when all or only selected bulletins have been published. (dselden@narf.org or by phone at (303) 447-8760).

Hawaii v. Office of Hawaiian Affairs (trust lands - Hawaii) was decided on 3/31/09

* U.S. Supreme Court Bulletin - find it at: http://www.narf.org/nill/bulletins/sct/2008-2009update.htm

Wolfchild v. United States featured in U.S. Courts of Appeals Bulletin

This week, we feature a case relating to the Interior Department and trust responsibility to Dakota descendants who were promised land in the late 1800s. U.S. Courts of Appeals Bulletin - find case summaries and links to source documents at: http://www.narf.org/nill/bulletins/cta/currentcta.htm

Wolfchild v. United States (Fiduciary accountability)

*Synopsis: Lineal descendants of Mdewakanton Sioux who were loyal to United States during 1862 Sioux Outbreak in Minnesota brought suit against United States for breach of fiduciary duty and contract in management of property originally provided for benefit of loyal Mdewakanton. The United States Court of Federal Claims, Charles F. Lettow, J., 62 Fed.Cl. 521, ruled that government had breached its fiduciary duties, and government filed interlocutory appeal.

Sex Offender Registration and Notification Act featured in the Indian Law Bulletins

The Indian Law Bulletins were updated on March 6, 2009. Among the cases featured is United States v. Begay about sex offender registration (U.S. District Courts Bulletin). The Regulatory Bulletin features a notice from the Bureau of Indian Affairs relating to tribal reassumption of jurisdiction over child custody proceedings. Find the Bulletins -- new and archived editions -- at http://narf.org/nill/bulletins/ilb.htm

Indian Law Bulletins updated at the end of January include:

U.S. Supreme Court Bulletin -http://www.narf.org/nill/bulletins/sct/2008-2009update.htm . Petition for writ of certiorari was denied in Rodriguez-Martinez v. United States on 1/26/09 and filed in Cook v. Avi Casino Enterprises and California v. Cachil Dehe Band of Wintun Indians of the Colusa Indian Community on 1/22/09.

Federal Court of Appeals -- http://www.narf.org/nill/bulletins/cta/currentcta.htm . We feature a case relating to a State alleging that Indian tribe was operating Class III electronic games of chance on land located outside the boundaries of the tribe's reservation in violation of Indian Gaming Regulatory Act.

Tribal self-governance program

The U.S. Regulatory Information Bulletin features a Department of Interior notice relating to the deadline for Indian tribes/consortia to submit completed applications to the Office of Self-Governance (OSG) to begin participation in the tribal self-governance program in fiscal year 2010 or calendar year 2010. Find this and other bulletins at http://www.narf.org/nill/bulletins/ilb.htm.

Gaming regulations, double jeopardy and more in the Indian Law Bulletins this week

This week in the Indian Law Bulletins, we feature a case relating to Indian gaming regulations promulgated by the Department of the Interior, in the U.S. Trial Courts Bulletin: http://www.narf.org/nill/bulletins/dct/currentdct.htm

The U.S. Courts of Appeals Bulletin has a case relating to double jeopardy and federal prosecution: http://www.narf.org/nill/bulletins/cta/currentcta.htm

The Regulatory Bulletin contains a notice relating to National Indian Gaming Commission annual fee rates: http://www.narf.org/nill/bulletins/regulatory/currentfr.htm

You can find additional bulletins, including announcements of law journal articles and news stories, at http://www.narf.org/nill/bulletins/ilb.htm.

Indian Law Bulletins Updated

This week's U.S. Trial Courts Bulletin features a case relating to the RICO (Racketeer Influenced and Corrupt Organizations) Act: Southwest Casino and Hotel Corp. v Flyingman. Find case summaries and links to source documents at: http://www.narf.org/nill/bulletins/dct/currentdct.htm

The New Bulletin features stories relating to Native American Heritage month and a push for education reform. Find it at: http://www.narf.org/nill/bulletins/news/currentnews.htm

The Law Review & Bar Journal Bulletin includes an article about state taxation of tribal construction projects. Find it at: http://www.narf.org/nill/bulletins/lawreviews/currentlr.htm

New at the Indian Law Bulletins

U.S. Supreme Court: Petition for writ of certiorari was filed in Roberts v. Hagener. This case relates to alleged violation of the Equal Protection Clause in Montana hunting regulations. http://www.narf.org/nill/bulletins/sct/2008-2009update.htm

U.S. Courts of Appeals: This week we feature Catskill Development v. Park Place Entertainment Corporation where a casino development group and land developer brought action against competitor alleging tortious interference with contractual relations and tortious interference with prospective business relationships in connection with development and management of Native American casino. http://www.narf.org/nill/bulletins/cta/currentcta.htm

U.S. Trial Courts Bulletin: This week we feature a case relating to a challenge to a tribal court search warrant in United States v. Wahtomy. http://www.narf.org/nill/bulletins/dct/currentdct.htm

State Courts: This week, we feature a case relating to child support in Cypress v. Jumper. http://www.narf.org/nill/bulletins/state/currentstate.htm

U.S. Regulatory information: This week we feature an announcement from the Department of Health and Human Services Announcement of funding awards for fiscal year 2008; Tribal Colleges and Universities Program. http://www.narf.org/nill/bulletins/regulatory/currentfr.htm

New in the Supreme Court

Petitions for writ of certiorari were filed in two cases: Bodkin v. Cook Inlet Region, Inc., which deals with age discrimination and shareholder distributions, and Michigan Gambling Opposition v. Kempthorne, which deals with whether Congress’ delegation of authority to the Secretary of the Interior to acquire land for Indians is unconstitutional, and also whether the IRA authorizes the Secretary to acquire land in trust for Indian Tribes that were not recognized and under federal jurisdiction in 1934.

Read about the cases in the U.S. Supreme Court Bulletin - http://www.narf.org/nill/bulletins/sct/2008-2009update.htm - and the News Bulletin - http://www.narf.org/nill/bulletins/news/currentnews.htm.

In the Indian Law Bulletins this week:

• A case against the United States alleging trust mismanagement and a failure to properly account for trust funds. Federal Trial Courts
• A case relating to termination of parental rights under the Indian Child Welfare Act. State Courts
• A notice from the Secretary of the Interior announcing the Department's intent to form a negotiated rulemaking committee to develop recommendations for proposed regulations regarding Bureau of Indian Education (BIE)-funded school facilities under the No Child Left Behind Act of 2001. Regulatory bulletin
• News relating to the current state of the Indian Health Service in the "Health & Welfare" section of the News Bulletin.

New content posted in the following NILL Indian Law Bulletins

U.S. Supreme Court Bulletin - find it at: http://www.narf.org/nill/bulletins/sct/2008-2009update.htm . Petitions for writ of certiorari were filed in two cases relating to possession of eagle feathers: Friday v. United States and Rodriguez-Martinez v. United States.

U.S. Trial Courts Bulletin - find it at: http://www.narf.org/nill/bulletins/dct/currentdct.htm . This week we feature the Alaska v. Federal Subsistence Board case granting residents of a rural community in Southeast Alaska a customary and traditional use determination (C & T determination) for moose.

News Bulletin - find it at: http://www.narf.org/nill/bulletins/news/currentnews.htm . Check out news stories relating to the federal government turning over federal land to the Pechanga Tribe in California for use as a wildlife preserve.

Indian Law Bulletins updated

This week we feature:

U.S. Supreme Court: On 10/1/08, petitions for writ of certiorari were granted in United States v. Navajo Nation and Hawaii v. Office of Hawaiian Affairs and Ho-Chunk v. Wisconsin was dismissed under rule 46.

Federal Court of Appeals: A case decided on 9/24/08 relating to an arrest of tribal members on tribal land and the sale of cigarettes.

Federal Trial Courts: A case relating to a Native American defendant who was charged with conspiracy to defraud United States.

State Courts: A case decided on 9/29/08 in Louisiana relating to suit by an Indian tribe against an engineering firm for damages related to various contracts concerning an electric power plant.

News: A story published on 9/19/08 on U.S. legislation that would impact the Indian tobacco industry.

Great Resources for Current Events Research

For students and others who are doing current events research, some excellent resources exist at the Library's web site:

Listen to NARF Attorneys on Native America Calling -- Previous interviews with NARF Attorneys are now cataloged at http://www.narf.org/nill/catalog/catalog.htm Search by the phrase "Native America Calling" in our online catalog (Search or Advanced screens).

Review the Indian Law Bulletins weekly, especially the News, at http://www.narf.org/nill/bulletins/ilb.htm The Bulletin is a current awareness service (free) that tracks cases and news in Indian Country.

Read the NARF Legal Reviews at http://www.narf.org/pubs/nlr/index.html

Supreme Court Bulletin Updated

On January 17, 2007, a petition for writ of certiorari was filed in the following case: Burgess v. Watters. Read about it at the library's Supreme Court Indian Law Bulletin.