July 29, 2016

NILL added new content to the Indian Law Bulletins on 7/29


Photo of U.S. Supreme Court building

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2015-2016update.html
Petition for certiorari was filed on 7/7/16 in Kelsey v. Bailey (Indian Civil Rights Act - Due Process)

In addition, see the Tribal Supreme Court Update Memoranda of July 14, 2016.

U.S. Courts of Appeals Bulletin
http://www.narf.org/nill/bulletins/cta/2016cta.html
Mackinac Tribe v. Jewell (Tribal Federal Recognition)
Patchak v. Jewell (Land into Trust)
Poarch Band of Creek Indians, Plaintiff-Counter Defendant-Appellee, v.
James Hildreth, Jr., in his official capacity as Tax Assessor of Escambia County, Alabama, Defendant-Counter Claimant-Appellant (Indian Lands - Taxation)
United States v. Barnett (Embezzling Funds from Indian Tribe)

U.S. Federal Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/2016dct.html
Renteria v. Shingle Springs Band of Miwok Indians (Child Custody - Tribal Court Jurisdiction)
United States of America vs. Tawnya Bearcomesout (Double Jeopardy)
Green v. Director/Secretary, California Department of Corrections and Rehabilitation (Prisoners - Religious Freedom)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2016state.html
In re Abbigail A. (Indian Child Welfare Act - Application of)
In re Alexandria P. (Indian Child Welfare Act - Placement)
In re Isaiah W. (Indian Child Welfare Act - Notice)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Intergovernmental section, we feature some articles about national Republican and Democrat positions relating to Native Americans.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/114_uslegislation.html
Seven new bills were added:
S.3234: Indian Community Economic Enhancement Act of 2016.
S.3261: A bill to establish a business incubators program within the Department of the Interior to promote economic development in Indian reservation communities.
S.3273: A bill to make technical corrections to the Alaska Native Claims Settlement Act, and for other purposes.
H.R.5909: To ensure equitable treatment of Shee Atika, Incorporated under the Alaska Native Claims Settlement Act by facilitating the transfer of land on Admiralty Island, Alaska and for other purposes.
S.3216: A bill to repeal the Act entitled "An Act to confer jurisdiction on the State of Iowa over offenses committed by or against Indians on the Sac and Fox Indian Reservation."
H.R.5811: To authorize the Secretary of the Interior to assess sanitation and safety conditions at Bureau of Indian Affairs facilities that were constructed to provide treaty tribes access to traditional fishing grounds and expend funds on construction of facilities and structures to improve those conditions, and for other purposes.
H.R.5854: To amend title 18, United States Code, to enhance protections of Native American cultural objects, and for other purposes.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2016lr.html
These articles were added:
The place of the First Peoples in the international sphere: a logical starting point for the demand for justice by Indigenous Peoples.
Commentary: federal treaty and trust obligations, and ocean acidification.
Practical reasoning and the application of general federal regulatory laws to Indian Nations.
Plenary power, political questions, and sovereignty in Indian affairs.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2016fr.html
The Department of the Interior, Bureau of Indian Affairs, provided a notice of training sessions on the new Indian Child Welfare Act regulations.

July 15, 2016

Two Lesser-Known Law Journals Covering Native American Law

We would like to bring to your attention two electronic-only law journals relating specifically to Native American law.

 American Indian Law Journal 

One of the law journals is the American Indian Law Journal (AILJ) published by Seattle University School of Law since 2012. “AILJ is designed to fill a critical gap in the amount of current scholarship available to those interested in the rapidly developing field of Indian law.” Full-text articles are currently available via the law school’s website. Look for articles to appear on Digital Commons, Westlaw, and Lexis in the near future. Article submissions should be sent directly to [email protected] or through the “ExpressO” website. (Spring deadline is January 15, 2017.) AILJ accepts articles and abstracts from students, practitioners, and faculty.

Tribal Law Journal

Tribal Law Journal banner
The other law journal is the Tribal Law Journal (TLJ) available from the University of New Mexico School of Law. The Journal was established in 1998 “for the purpose of promoting indigenous self-determination by facilitating discussion of the internal law of the world's indigenous nations. The internal law of indigenous nations encompasses traditional law, western law adopted by indigenous nations, and a blend of western and indigenous law. Underscoring this purpose is the recognition that traditional law is a source of law.” In addition to finding articles on the law school website, selected articles are also published on Lexis. Included on the website is also the Tribal Law Journal blog which is updated throughout the academic year. The TLJ blog consists of commentary on recent and past events at UNM School of Law and the wider Albuquerque Indigenous community, such as lectures or visits by Indian/Indigenous law scholars. Also on the TLJ blog is a variety of commentary on personal experiences with Indian/Indigenous law and the impact it has on students and Indigenous communities. One can submit articles to the TLJ via  [email protected] or through the “ExpressO” website.

July 11, 2016

NILL added new content to the Indian Law Bulletins on 7/11


photo of the U.S. Supreme Court building

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2015-2016update.html
Petition for certiorari was filed on 5/26/16 in Flute v. U.S. (Fiduciary Duty) and six petitions for certiorari were denied on 6/27/16:
1) California v. Pauma Band of Luiseno Mission Indians of the Pauma & Yuima Reservation (Gaming - Limited Waiver);
2) Pauma Band of Mission Indians v. California (Indian Gaming Regulatory Act - Bad Faith Negotiations),
3) Little River Band of Ottawa Indians Tribal Government v. NLRB (National Labor Relations Act);
4) Soaring Eagle Casino and Resort v. NLRB (National Labor Relations Act);
5) Shinnecock Indian Nation v. New York (Laches - Monetary Damages);
6) Jensen v, EXC., Inc. (Tribal Jurisdiction)

U.S. Courts of Appeals Bulletin
http://www.narf.org/nill/bulletins/cta/2016cta.html
Aguayo v. Jewell (Tribal Membership Dispute)
United States v. Drapeau (Expert Testimony - Prior Court Convictions)
Akiachak Native Community v. United States Department of Interior (Land into Trust; Alaska Tribes)
United States v. Washington (Treaty Right to Fish - Culvert Impacts)

U.S. Federal Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/2016dct.html
Wyoming, et al v. U.S. Department of Interior, et al (Hydraulic Fracturing on Federal and Indian Lands)
Everette v. Mitchem (Tribal Sovereign Immunity - Tribal Lending Companies)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2016state.html
In re Jones/Lehmann (Michigan Indian Family Preservation Act, Indian Child Welfare Act)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
We feature over 30 articles this week. One article in the Sovereign Immunity section deals with federal safety laws and tribes.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/114_uslegislation.html
These two bills became law:
H.R.812: Indian Trust Asset Reform Act.
S.2212: To take certain Federal lands located in Lassen County, California, into trust for the benefit of the Susanville Indian Rancheria, and for other purposes.
These bills and resolutions were added:
S.Res.514: A resolution designating May 5, 2017, as the "National Day of Awareness for Missing and Murdered Native Women and Girls."
S.3127: Safeguard Tribal Objects of Patrimony (STOP) Act.
H.Con.Res.122: PROTECT Patrimony Resolution.
H.R.5633: To authorize and implement the water rights compact among the Blackfeet Tribe of the Blackfeet Indian Reservation, the State of Montana, and the United States, and for other purposes.
H.R.5700: To support the education of Indian children.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2016lr.html
This article was added:
Property, sovereignty, and governable spaces.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2016fr.html
We feature a civil penalty inflation adjustment rule of the National Indian Gaming Commission.