July 29, 2020

Indian Law Bulletins Updated 7/29

We have scoured the web. Here are some of the latest materials related to Indian Law. Find all of the latest updates at narf.org/nill/bulletins/

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2019-2020update.html
Read the latest Tribal Supreme Court Project update published on 7/24/20.

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2020.html

  • United States v. Ferguson (Major Crimes Act)
  • United States v. Red Cloud (Major Crimes Act)
  • Cherokee Nation v. Stitt (IGRA; Gaming Compacts)
  • Peoria Tribe of Indians of Oklahoma v. Campbell (Jurisdiction)
  • The Shawnee Tribe v. Mnuchin (CARES Act)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2020.html
In the Matter of April S. (Indian Child Welfare Act)
McCormick, Inc. v. Fredericks (Jurisdiction; Breach of Contract)

U.S. Legislation - 116th Congress Bulletin
https://narf.org/nill/bulletins/legislation/116_uslegislation.html

  • H.R.7773 - To establish an Office of Emerging Markets within the Small Business Administration that will strengthen the development of small business concerns in emerging markets, such as those owned by women; socially and economically disadvantaged individuals, including Black Americans, Hispanic Americans, Native Americans (Alaska Natives, Native Hawaiians, or enrolled members of a federally or State recognized Indian Tribe), Asian Pacific Americans, and other minorities; veterans; and those located in rural areas, and for other purposes.
  • H.R.7774/S.4331 - To preserve Indian Tribes' and Native Hawaiian organizations' autonomy of access to spectrum over Tribal lands and expedite immediate deployment of telecommunications services for critical government services, including national emergencies, natural disasters, public health and biohazard threats, safety, education, opportunity to participate in the broadband economy, self-governance, access to Federal, State, and Tribal voting and elections, and the Federal census count, for the protection of life and property in furtherance of the Federal trust responsibility, and for other purposes.
  • H.R.7748 - To ensure that after a declaration of a major disaster affected States, local governments, and Indian tribal governments receive immediate approval for services and assistance provided under section 416 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act.
  • H.R.7801 - To direct the Secretary of Health and Human Services to award grants to State, local, and Tribal public health departments to train and equip Federal public health reserve corps personnel to assist with testing, contact tracing, and treatment of COVID-19, and for other purposes.

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2020.html

  • Repatriation of sacred Native American cultural belongings from historical racism.
  • (Indigenous) language as a human right.
  • In defense of culture: Protecting cultural expressions in intellectual property.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:

  • Bipartisan letter urges passage of CSKT water compact
  • Eviction notice: Keystone XL and Dakota Access Pipeline must vacate Oceti Sakowin lands
  • Statement from Blackfeet Nation regarding new bill to permanently protect the Badger-Two Medicine
  • Nez urges lawmakers, election officials to come up with alternatives to preserve tribal members' rights to vote
  • How can America get Native health right?
  • Bay Mills Indian Community hosts second annual Noojimo'iwewin: A VAWA and ICWA training
  • Lawsuit seeks education reform at Native American schools
  • Global Initiative for Indigenous Advancement announces community sponsorship for art installation on Boston Common
  • StrongHearts Native Helpline: Domestic and dating violence
  • South Dakota lawmakers criticize Kristi Noem on tribal checkpoints
  • Choctaw chief chosen to help design new Mississippi flag

July 22, 2020

Indian Law Bulletins Updated 7/22

We have scoured the web. Here are some of the latest materials related to Indian Law. Find all of the latest updates at narf.org/nill/bulletins/

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2020.html

  • Gibbs v. Haynes Investments, LLC (Payday Lending)
  • Martinez v. United States (Federal Tort Claims Act)
  • Hanson v. Parisien (Tribal Employment Rights Ordinance)
  • United States v. Walker River Irrigation District (Water Rights)
  • Sisto v. United States (Federal Tort Claims Act)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2020.html
Treat v. Stitt (Tribal Gaming Compacts)

U.S. Legislation - 116th Congress Bulletin
https://narf.org/nill/bulletins/legislation/116_uslegislation.html

H.R.7692 - To provide a grant program for elementary schools, secondary schools, and institutions of higher education to help offset costs associated with complying with guidelines, recommendations, and other public health communications issued by the Centers for Disease Control and Prevention, or a State, Indian Tribe, Tribal organization, or locality related to mitigating the hazards presented by COVID-19.

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2020.html

  • Living in the blast zone: Sexual violence piped onto Native land by extractive industries.
  • The Belloni Decision: A foundation for the Northwest fisheries cases, the national tribal sovereignty movement, and an understanding of the rule of law.
  • How much evidence should we need to protect cultural sites and treaty rights?
  • Taxes, theft, and Indian tribes: Seeking an equitable solution to state taxation of Indian Country commerce.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:

  • National Indian Health Board cites failed U.S. policies toward American Indians for severe COVID-19 impacts in testimony before U.S. Commission on Civil Rights
  • A bridge of repair for Native and Black America
  • The Native American critique of new law school study
  • Why the American Indian Movement started the Heart of the Earth Survival School
  • ASU Law program on McGirt
  • StrongHearts Native Helpline: Stacking up the numbers
  • Hoeven statement on United States Department of Agriculture announcement on food distribution program on Indian reservations
  • Why tribes should have the power to enforce strict Coronavirus policies
  • CASA seeks volunteer advocates to help local children
  • Return of sacred Black Hills: 'It's a question of when' and 'no surrender of sovereignty'
  • It's not just a ski resort. From Tahoe to Carson, Indigenous people say Sierra names misrepresent them

July 15, 2020

Indian Law Bulletins Updated 7/15

We have scoured the web. Here are some of the latest materials related to Indian Law. Find all of the latest updates at narf.org/nill/bulletins/

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2019-2020update.html
One case was decided on 7/9/20:
McGirt v. Oklahoma (Criminal Jurisdiction)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2020.html
Williams v. Medley Opportunity Fund II, LP (Tribal Sovereign Lending)
Crow Indian Tribe v. United States (Endangered Species Act; Yellowstone Grizzlies)
Dossett v. Ho-Chunk, Inc. (Sovereign Immunity)
Shopbell v. Washington State Department of Fish and Wildlife (Treaty Rights)
Grondal v. Mill Bay Members Association, Inc. (Indian Allotment)
Poarch Band of Creek Indians v. Amneal Pharmaceuticals, LLC (Opioid Manufacturing)

U.S. Legislation - 116th Congress Bulletin
https://narf.org/nill/bulletins/legislation/116_uslegislation.html

  • H.R.7557 - To amend title VI of the Social Security Act to extend the coverage of Coronavirus Relief Fund payments to Tribal Governments.
  • H.R.7565 - To authorize the Seminole Tribe of Florida to lease or transfer certain land, and for other purposes.

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2020.html

  • Chipping away at the public trust doctrine: Mauna Kea and the degradation principle.
  • When the Navajo Generating Station closes, where does the water go?
  • An odd way to read a preemption statute: The Atomic Energy Act, Virginia Uranium, and the Diné Natural Resource Protection Act.
  • Redefining tribal sovereignty for the era of fundamental rights.
  • "You're in apple land but you are a lemon": Connection, collaboration, and division in early '70s Indian Country.
  • Herrera v. Wyoming: The Supreme Court's most recent attempt to balance tribal rights, state power, and conservation efforts.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:

  • Court blocks Montana law that restricts voting rights of Native Americans
  • The McGirt case is a historic win for tribes
  • Q&A: What does McGirt ruling mean?
  • How the 'only family' argument is used against Indigenous families
  • Black Lives Matter for Freedman Descendants of the Five Civilized Tribes
  • Pandemic complicates tribes' quest for data sovereignty
  • Indigenous groups launch first national $1 million direct cash program for Native Americans during COVID-19 pandemic
  • State Supreme Court vacates racist 1916 ruling in Yakama fishing rights case
  • Ninth Circuit rules to restore protections for Yellowstone grizzlies

July 8, 2020

Indian Law Bulletins Updated 7/8

We have scoured the web. Here are some of the latest materials related to Indian Law. Find all of the latest updates at narf.org/nill/bulletins/

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2020.html
United States v. Many White Horses (Tribal Sovereignty; Banishment)
Standing Rock Sioux Tribe and Cheyenne River Sioux Tribe v. U.S. Army Corps of Engineers, Dakota Access, LLP (Dakota Access Pipeline; APA; NEPA; NHPA; Mni Waconi Act)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2020.html
Confederated Tribes and Bands of the Yakama Nation v. Yakima County (Land Use Petition Act)
Kalima v. State of Hawai'i (Hawaiian Home Lands Trust)

U.S. Legislation - 116th Congress Bulletin
https://narf.org/nill/bulletins/legislation/116_uslegislation.html

S.4168 - A bill to require the Secretary of Health and Human Services to award additional funding through the Sanitation Facilities Construction Program of the Indian Health Service, and for other purposes.

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2020.html

  • The psychosocial effects of Native American mascots: A comprehensive review of empirical research findings.
  • Justice for Juristac: Using international and comparative law to protect Indigenous lands.
  • Purcell v. Gonzalez, principle and problem--Native American voting rights in the 2018 North Dakota elections.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:

  • Big #NoDALP news: Federal judge orders shutdown of Dakota Access Pipeline
  • 'A proud day to be Lakota': Activists arrested for protesting Trump visit to Sioux Nation treaty territory
  • Mail-in voting isn't an answer in Indian Country. Senators urge DOJ to accomodate tribes
  • FedEx, the Washington Redskins' most prominent sponsor, asks the team to change its name
  • Lawsuit over cultural appropriation of Native designs proceeds, despite Neiman Marcus bankruptcy
  • This court case could weaken WA's Indian Child Welfare Act
  • Contact tracing for Native Americans in rural Arizona
  • Jenni Monet: Making the case for treaties at Mount Rushmore
  • Pommersheim talks legal battle between tribe & government
  • 'What choice do we have? As the Arctic warms, the Inupiat adapt
  • National Gallery of Art acquires painting by Salish artist

July 1, 2020

Indian Law Bulletins Updated 7/1

We have scoured the web. Here are some of the latest materials related to Indian Law. Find all of the latest updates at narf.org/nill/bulletins/

 

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2019-2020update.html
Petition for certiorari was filed in one case on 6/19/20:
United States v. Cooley (Jurisdiction)
Petition for certiorari was denied in one case on 6/29/20:
Diné Citizens Against Ruining Our Environment, et al. v. Bureau of Indian Affairs, et al. (Administrative Procedure Act)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2020.html

  • Confederated Tribes and Bands of the Yakama Nation v. Yakima County (Criminal Jurisdiction)
  • New Holy v. Department of the Interior (Tribal Constitutions)
  • Confederated Tribes of the Chehalis Reservation v. Mnuchin (CARES Act)
  • Lorry van Chase v. Bureau of Indian Affairs (Freedom of Information Act)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2020.html
Lavallie v. Jay (Jurisdiction; Personal Injury)
Hopi Tribe v. Arizona Snowbowl Resort Limited Partnership (Attorney Fees)

U.S. Legislation - 116th Congress Bulletin
https://narf.org/nill/bulletins/legislation/116_uslegislation.html

  • S.4059 - A bill to direct the Secretary of Health and Human Services to award grants to States, political subdivisions of States, Indian Tribes and Tribal organizations, community-based entities, and primary care and behavioral health organizations to address behavioral health needs caused by the public health emergency declared with respect to COVID-19.
  • S.4079 - A bill to authorize the Seminole Tribe of Florida to lease or transfer certain land, and for other purposes.
  • S.4081 - A bill to provide a grant program for elementary schools, secondary schools, and institutions of higher education to help offset costs associated with complying with guidelines, recommendations, and other public health communications issued by the Centers for Disease Control and Prevention, or a State, Indian Tribe, Tribal organization, or locality related to mitigating the hazards presented by COVID-19.
  • S.4090 - A bill to reauthorize the Native American Housing Assistance and Self-Determination Act of 1996, and for other purposes.
  • S.4113 - A bill to amend the Communications Act of 1934 to provide grants to States and Indian Tribes to deploy affordable, high-speed broadband to unserved and underserved areas.

 

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2020.html

  • Indian lives matter: Pandemics and inherent tribal powers.
  • Codifying the rights of nature.
  • Running for missing and murdered Native women.
  • Yurok Tribe fishing court.

 

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:

 

  • 'Wear your mask, do your part': Tribal citizens in New Mexico bear brunt of coronavirus
  • 'End of an era': American Indian Services closes after 49 years
  • Navajo Nation president says New Mexico still failing students
  • Tribes' human remains and cultural items have been scattered across the U.S. Here's how they get returned
  • Judge: Alaska corporations can get tribal virus relief money
  • Blackfeet propose permanent protections for Badger Two Medicine
  • Speaker Seth Damon signs Navajo Nation Diné Pride Week proclamation to recognize equality progress
  • Native women law students excluded from so-called "Women of Color in Law Schools" study
  • Knowing, rethinking a shared history