July 28, 2017

NILL added new content to the Indian Law Bulletins on 7/28



The NILL Tribal Law Gateway, which provides access to over 200 tribal codes, is continuously being updated. Recent additions include the Penobscot Nation’s chapter on Publication of Tribal Laws and Choctaw Nation’s Peacemaking Act. Check out what the Tribal Law Gateway has to offer, and contact the library for research assistance on your next tribal law project.

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2017-2018update.html
Petition for certiorari was filed on 7/17/17 in S.S. v. Colorado River Indian Tribes (Indian Child Welfare Act)

U.S. Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2017.html
Osceola Blackwood Ivory Gaming Group, LLC v. Picayune Rancheria of Chukchansi Indians (Gaming - Contracts)
Rincon Mushroom Corporation of America v. Mazzetti (Exhaustion of Tribal Remedies; Non-Indian Fee Simple Lands)
Ruchert v. Williamson (Federal Tort Claims Act; Personal Injuries)
Garcia v. Elwell (Indian Civil Rights Act; Tribal Sovereign Immunity)

Tribal Courts Bulletin
http://www.narf.org/nill/bulletins/tribal/2017.html
Mother H v. Father H (Child Custody; Jurisdiction)
Arviso v. Muskett (Elections)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Intergovernmental section, we feature an article about tribes requesting a bigger role in selecting U.S. attorneys. 

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2017.html
The following articles were added:
ICRA Habeas Corpus relief: A new habeas jurisprudence for the post-oliphant world?
Imaginary lines, real consequences: The effect of the militarization of the United States-Mexico border on Indigenous peoples.
Improving Native American tribe's voice in international climate change negotiations.
Justice Scalia and Tonto fistfight in Heaven.
Budding conflicts: Marijuana's impact on unsettled questions of Tribal-State relations.
Chicago's last unclaimed Indian territory: A possible Native American claim upon Bill Caldwell's land.
The Arctic in the public order of the world community.
The Arctic Council: Twenty years in the making and moving forward.
Closing time: Removing the State of Oklahoma from alcohol regulation in Indian Country.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
The following bills were added:
H.R.3524:  To amend the Internal Revenue Code of 1986 to clarify the treatment of contributions to Alaska Native Settlement Trusts, and for other purposes.
H.R.3490: To amend the Public Health Service Act to authorize grants to eligible entities to develop and implement statewide or tribal post-adoption and post-legal guardianship mental health service programs for all children who are adopted or placed in legal guardianship, and for other purposes.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2017.html
We feature a proposed rule of the Department of Interior, Bureau of Land Management regarding hydraulic fracturing on federal and Indian Lands.

July 21, 2017

NILL added new content to the Indian Law Bulletins on 7/21

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2016-2017update.html
Petitions for certiorari recently were filed in the following featured cases:
Coachella Valley Water District v. Agua Caliente Band of Cahuilla Indians (Federal Reserved Water Right - Groundwater)  
Desert Water Agency v. Agua Caliente Band of Cahuilla Indians (Federal Reserved Water right - Groundwater)
Hackford v. Utah (Reservation Diminishment; Definition of Indian Country; Tribal Criminal Jurisdiction)
Williams v. Poarch Band of Creek Indians (Employment; Trival Sovereign Immunity)
Bishop Paiute Tribe logo

U.S. Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2017.html
Bishop Paiute Tribe v. Inyo County (Tribal Law Enforcement)
Northern New Mexicans Protecting Land, Water, and Rights v. United States of America (Right of Way - Trespass)
Pueblo of Pojoaque v. State of New Mexico (Tribal State Compacts)
Norton v. Ute Indian Tribe of the Uintah and Ouray Reservation (Jurisdiction, Trespass)
United States ex rel. Cain v. Salish Kootenai College, Inc. (Tribal Colleges - False Claims Act)
Navajo Nation v. San Juan County (Election Districts - Gerrymandering)
Ramah Navajo Chapter v. Jewell (Official Tribal Government)

Tribal Courts Bulletin
http://www.narf.org/nill/bulletins/tribal/2017.html
Colebut v. Colebut (Negligence - Trip and Fall)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Health & Welfare section, read about possible U.S. legislative impacts on health care in Indian Country.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2017.html
The following articles were added:
Tribal sovereign immunity from preference claims.
The Master's tools: Tribal sovereignty and tribal self-governance contraction/compacting.
No connection: The issue of Internet on the Reservation.
Swinomish Indian Tribal Community v. BNSF Railway Co. and its effect on litigation challenging BIA's new rights-of-way regulations.
Making it work: Tribal innovation, State reaction, and the future of tribes as regulatory laboratories.
Traditional ecological disclosure: How the Freedom of Information Act frustrates tribal natural resource consultation with Federal agencies.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
The following bills were added:
S.1593: A bill to provide grants to States and Indian tribes to reform their criminal justice system to encourage the replacement of the use of payment of secured money bail as a condition of pretrial release in criminal cases, and for other purposes.
H.R.3211: Safeguard Tribal Objects of Patrimony Act of 2017.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2017.html
We feature notices from the Bureau of Indian Affairs regarding land acquistions for both the Chickasaw and Cherokee Nations.

July 10, 2017

NILL added new content to the Indian Law Bulletins on 7/10

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2016-2017update.html
Petition was filed in Cougar Den, Inc. v. Washington State Department of Licensing (Taxation; Treaty Rights) on 6/14/17. Petition was denied in  City of Myton, Utah v. Ute Indian Tribe of the Uintah and Ouray Reservation (Indian Country Jurisdiction) on 7/3/17.

U.S. Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2017.html
Penobscot Nation v. Mills (Maine Implementing Act; Maine Indian Claims Settlement Act; Hunting and Fishing Rights)
Window Rock Unified School District v. Reeves (Employment Law; Exhaustion of Tribal Court Remedies)
State of Kansas v. Zinke (Reviewable Final Agency Action; Gaming)
Clema v. Colombe (Tribal Police Officer - Immunity)
Begnoche v. D.L. Derose (Religious Rights - Prisoners)
Keweenaw Bay Indian Community v. Khouri (State Taxation - Tobacco)
Wilson v. Umpqua Indian Development Corporation (Tribal Sovereign Immunity; Tort Claims)

Tribal Courts Bulletin
http://www.narf.org/nill/bulletins/tribal/2017.html
Stone v. Colville Business Council (Tribal Sovereign Immunity)
Navajo Nation seal

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
We feature more than thirty stories. One of them, in the Tribal Jurisdiction section, relates to a Ninth Circuit Court of Appeals ruling that opens up tribal jurisdiction over public schools.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2017.html
The following articles were added:
Unclouding Arizona's water future.
Bio-prospecting in the Arctic: An overview of the interaction between the rights of indigenous peoples and access and benefit sharing.
Denying disgorgement: The Supreme Court's refusal to grant the Crow Tribe relief.
Integrating Indigenous rights into multilateral environmental agreements: The International Whaling Commission and aboriginal subsistence whaling.
Fracking in the Badlands: Can levying a carbon tax against oil and gas companies help Native American tribes raise revenue while preserving cherished tribal lands?
The Native American struggle between economic growth and cultural, religious, and environmental protection: A corporate solution.
The Violence Against Women Act: A double-edged sword for Native Americans, their rights, and their hopes of regaining cultural independence.
Environmental justice: A necessary lens to effectively view environmental threats to indigenous survival.
Back to the negotiating table: Designing a Tribal-State compact for Alabama.
Indian treaty fishing rights and the environment: Affirming the right to habitat protection and restoration.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
The following bills were added:
H.R.3138: To amend the Internal Revenue Code of 1986 to treat Indian tribal governments in the same manner as State governments for certain Federal tax purposes, and for other purposes.
H.R.3147: To amend the PROTECT Act to make Indian tribes eligible for AMBER Alert grants.
H.R.3096: To implement a mandatory random drug testing program for certain employees of the Indian Health Service, and for other purposes.
S.1491: A bill to amend the Alaska Native Claims Settlement Act with respect to the Native Villages of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, Alaska, and for other purposes.
S.1492: A bill to establish a Regional Corporation for Natives who are non-residents of Alaska, and for other purposes.
S.1400: A bill to amend title 18, United States Code, to enhance protections of Native American tangible cultural heritage, and for other purposes.
H.R.2987: 21st Century Conservation Service Corps Act of 2017 (See SEC. 203 6, 12, 13).