Briefs here. En banc stage amicus briefs here.
Here is “Justices appear divided over Navajo Nation’s water rights.” Background materials on the case are here. According to the U.S., this area is entitled only
Here is today’s order list. The denied petition is Sulgrove v. Spokane Indian Tribe. Lower court materials here. This has nothing to do with this
Join us Wednesday, April 12th at noon in LAW 101, or on Zoom. Amy Cordalis, Director/Founder of Ridges to Riffles Indigenous Conservation Group, will give the lecture The
Here is the opinion in State of Alaska v. Federal Subsistence Board. Briefs here.
Colorado Federal Court Refuses to Accept Plea Deal for Lesser Included Offense in Major Crimes Act Prosecution
Here are the materials in United States v. English (D. Colo.): 1 Indictment 33 Joint Memorandum in Support of Plea Agreement 36 Magistrate Minute Order:
Michael K. Velchik & Jeffery Y. Zhang have published “Restoring Indian Reservation Status: An Empirical Analysis” in the Yale Journal on Regulation. PDF I posted
Wenona Singel and Rory Wheeler
Here are the materials in Stinson Lumber Co. v. Coeur d’Alene Tribe (D. Idaho): 1 Complaint.pdfDownload 21 Motion to Dismiss.pdfDownload 25 Opposition.pdfDownload 26 Reply.pdfDownload 32
D.C. Federal Court Rejects Sault Tribe’s Third Effort to Force Interior to Acquire Land for Off-Rez Gaming
Here is the order in Sault Ste. Marie Tribe of Chippewa Indians v. Haaland (D.D.C.): 106-dct-orderDownload Briefs here.
Seth E. Montgomery has published “ICRA’s Exclusionary Rule” in the Boston University Law Review. The abstract: The Fourth Amendment does not limit the actions of
Here: TX 22-0004 Ute Mtn OP.pdfDownload
Here are the materials so far in Fond du Lac Band of Lake Superior Chippewa v. Cummins (D. Minn.): 1 Complaint.pdfDownload 36 PolyMet Motion to
https://www.washingtonpost.com/obituaries/2023/02/24/james-abourezk-senator-dakota-dies/ Senator James Abourezk passed away on Friday. He was 92 years old. He was the first chair of the Senate Committee on Indian Affairs.
Briefs: Motion for Attorney Fees Opposition Reply Prior post here.
Washington Federal Court Dismisses Constitutional Challenge to Washington Class III Compacts Allowing Tribal Sports Betting
DALL-E’s interpretation of “tribal sovereign immunity” Here is the order in Maverick Gaming LLC v. United States (W.D. Wash.): 98-dct-orderDownload Briefs here.
You can buy it here. In Defense of SovereigntyProtecting the Oneida Nation’s Inherent Right to Self-DeterminationRebecca M. WebsterForeword by Richard MonetteWith contributions by James R.
VAWA Roundtable Discussion: Sentencing and the Value of a Pre-Sentence Report in Tribal Courts March 8, 2023 on Zoom Webinar 11-4pm ET | 10 -3pm
KEYNOTE: MICHAEL-COREY HINTON, LEADER OF THE TRIBAL NATIONS PRACTICE GROUP AT DRUMMOND WOODSUM AND CITIZEN OF THE PASSAMAQUODDY TRIBE (SIPAYIK). This is a significant moment
Tamera Begay has published “A Day in the Life of a Tribal Prosecutor” in the January/February issue of the Federal Lawyer .
Gregory Ablavsky and W. Tanner Allread have posted “We the (Native) People?: How Indigenous Peoples Debated the U.S. Constitution,” forthcoming in the Columbia Law Review,
Noelle N. Wyman has published “Native Voting Power: Enhancing Tribal Sovereignty in Federal Elections” (PDF) in the Yale Law Journal. Here is the abstract: Members
Over the past few weeks, a number of states have been considering state ICWA laws. I’m keeping the bills updated here, along with their current
A.J.B. and O.F., Petitioners, v. MONTANA EIGHTEENTH JUDICIAL DISTRICT COURT GALLATIN COUNTY (2023) FindLaw I won’t lie, guys, I had to read this one multiple
It’s been a terrible last few weeks in Indian law — two of the most accomplished, passionate, and delightful Native men I have ever met
Lots of lawyers making money on what appears to be utterly farcical litigation. Here are the updated materials in United States v. Michigan (W.D. Mich.):
The Michigan State Law Review Forum has published my short article, “Due Process and Equal Protection in Michigan Anishinaabe Courts.” Check it out.
Here is the opinion in Alturas Indian Rancheria v. Bernhardt. Briefs and lower court materials here.
Litigation in North Dakota Federal Court over Turtle Mountain TERO Power to Assess Nonmember Business on Trust Lands
Here are the materials so far in Hanson v. Parisien (D.N.D.): 1 Complaint.pdfDownload 3-1 Tribal Motion to Dismiss.pdfDownload 6 Hanson Response to MTD.pdfDownload 8 Hanson
The 2023 American Indian Justice Conference (AIJC) is planned for May 3-4, 2023 in Reno, NV. The conference planners for this event are the National Criminal Justice
Angela Riley & Sarah Glenn Thompson have posted “Mapping Dual Sovereignty and Double Jeopardy in Indian Country Crimes,” recently published in the Columbia Law Review,
Here is the cert petition in Sulgrove v. Spokane Tribe: Sulgrove Petition.pdfDownload Here are the questions presented: Whether landowners, whose water use was exempted from
Sault Tribe/Kewadin Gaming Enjoined from Concealing or Dissipating Assets in Gaming Development Company Dispute [recall the $88M judgment]
Here is the order in JLLJ Development LLC v. Kewadin Casinos Gaming Authority (Mich. Cir. Ct.): ex-parte-temp.-restr.-order-filedDownload Prior post here.
The University of Michigan has a complicated history with Native American communities, which were vital to its very existence. Join us for a discussion with Bethany
Supreme Court Update on Indian Law Co-Sponsored by the State Bar of Arizona and the State Bar’s Indian Law Section January 18, 2023, 12:00-1:00 MST
It is with great pleasure to announce the Indian Law Clinic at MSU received an initial $200,000 to fund a Tribal Appellate Clerk Project from
Here is the order. Cert stage briefs here.
Eighth Circuit Rejects Federal Tort Claim against US involving Rosebud Indian Health Clinic Employee Car Accident
Here is the opinion in Two Eagle v. United States. The briefs: Two Eagle Opening Brief.pdfDownload US Answer Brief.pdfDownload Reply.pdfDownload
Here are the materials in Mille Lacs Band of Chippewa Indians v. County of Mille Lacs (D. Minn.): 319 Tribe Motion for Summary.pdfDownload 321 Sheriff
New York Federal Court Dismisses Third Party Claims against Cayuga and Clint Halftown [except for recoupment] in Smoke Shop Dispute
Here are the updated materials in Cayuga Nation v. Parker (N.D. N.Y.): 64 Meyer Third Party Complaint.pdfDownload 65 Parker Third Party Complaint.pdfDownload 75-1 Tribe Motion
2023-da-22-0405 The Court agreed that ICWA applied to a third party custody petition where the parent could not get her child back upon demand, but
Here is the stipulation in Williams & Cochrane LLP v. Quechan Tribe of the Fort Yuma Reservation (S.D. Cal.): 389 Williams and Cochrane v Rosette
Here is the order in JLLJ Development LLC v. Kewadin Casinos Gaming Authority (Mich. Cir. Ct.): CC – Order GENERIC ORDER – CIVIL-CRIMINAL-DOMESTIC – 21-000189-CB-C30
Ninth Circuit Panel Affirms City of Seattle’s Removal of Sauk-Suiattle Dam Suit to Federal Court, Asks for En Banc Review of Circuit Precedent on Removal . . . Good for procedure nerds, I’m sure.
Here is the opinion in Sauk-Suiattle Indian Tribe v. City of Seattle. Briefs here. Impressionist painting of the removal of a state court complaint to
Here: California Capitalism Opening Brief.pdfDownload Answer Brief.pdfDownload
Tenth Circuit Rules in Favor of Oil and Gas Extractors in Royalties Dispute [Wind River Reservation]
Here is the opinion in Merit Energy Company LLC v. Haaland. Briefs: Merit Opening Brief.pdfDownload Federal Brief.pdfDownload Merit Reply.pdfDownload Federal Reply.pdfDownload
Here are the briefs in Legend Lake Properties Owners Association Inc. v. Keshena: Opening Brief.pdfDownload Answer Brief.pdfDownload
Here: All this water is Navajo. Interior Brief.pdfDownload Arizona Merits Brief.pdfDownload Colorado Merits Brief.pdfDownload
Department of Justice Civil Rights Division Publishes Damning Report on Alaska’s Child Welfare System Violates the Americans With Disabilities Act
Here is the report. 2022.12.15_alaska_findings_report_0.pdfDownload From the press release: The Department of Justice announced today that it found reasonable cause to believe that the State
Gregory Bigler has posted “7000 Dzo-Gaw-law (Ancestors)” on SSRN. Here is the abstract: I read Stories from the Euchee Reservation on a plane. I read
Tom Bell has posted “The Catawba Digital Economic Zone: A Native American SEZ,” published in the Journal of Special Jurisdictions, on SSRN. The abstract: The
Here are the materials in State of Ohio ex rel. Ohio History Connection v. Moundbuilders Country Club Company: 2022-Ohio-4345 Country Club Brief Ohio History Connection
Here is the opinion in Waln v. Dysart School District. Briefs here and here. More details at NARF.
Three New (and Fascinating — Read: Lots of Anishinaabe Jurisprudence) Appellate Court Opinions from Sault Tribe COA
Payment v. Election Committee APP-22-02 Opinion and Order.APvElec.pdfDownload Hoffman v. Sault Ste. Marie Tribe of Chippewa Indians Board of Directors Opinion & Order.Hoffman.pdfDownload MacLeod v.
Here is the press release and related statutes: PBC – laws, PN DRIP Act (Approved 05-12-22).pdfDownload Pawnee Nation–laws, Declaration of Respect 2021.pdfDownload PBC–laws, Pawnee Nation-Government-to-Government-Consultation-Statute.pdfDownload
Gov. Whitmer Attends State-Tribal Summit in Sault Ste. Marie, Appoints First Tribal Citizen Ever to Michigan Court of Appeals
Michigan Executive Office of the Governor sent this bulletin at 12/06/2022 04:04 PM EST FOR IMMEDIATE RELEASE December 6, 2022 Contact: [email protected] Gov. Whitmer Attends State-Tribal Summit in Sault Ste. Marie,
Here. From the notice: The Department of the Interior (Department) invites Tribal Leaders to consult on the Notice of Proposed Rulemaking (NPRM) for the Department’s
Angela R. Riley has published “The Ascension of Indigenous Cultural Property Law” in the Michigan Law Review. Prof. Riley presenting the paper last fall at
Here are the new materials in Sault Ste. Marie Tribe of Chippewa Indians v. Haaland (formerly Bernhardt, Zinke, etc.) (D.D.C.): Time to rumble. 91 Sault
Here are the materials in Skeet v. New Mexico Taxation and Revenue Department: Department Opening Brief Answer Brief Reply Opinion A wolf protesting taxes I
Register here. UW Law will host the 35th annual Indian Law Symposium on Friday, Dec. 9, 2022, featuring a full set of topics from panelists
D.C. Federal Court Dismisses Suits Attacking United Keetoowah and Kialegee Compacts, Allows Suits Against Comanche and Otoe-Missouria to Proceed
Here are the materials in Cherokee Nation v. Dept, of the Interior (D.D.C.): 106 Federal Motion to Dismiss.pdfDownload 107-1 Woommavovah Motion to Dismiss.pdfDownload 109 Shotton
Here. NDN badass, unrelated to the content of this article.
Here is the opinion in San Carlos Apache Tribe v. Beccera. An excerpt: A simplified example clarifies this scheme. Assume that a tribe administers a
California’s War of Extermination Against American Indians, led by the U.S. District Court of the Northern District Court of California Historical Society will take place
Here are the materials in Meglitsch v. Southcentral Foundation (D. Alaska): 1 Notice of Removal 1-1 State Court Complaint 22 Southcentral Motion for Summary J
Here: Summary Disposition Order Darby Concurrence Combs Concurring Gurich Concurring Appellant Brief Related case here.
Here. Each side presented their oral arguments Wednesday to the U.S. Supreme Court for the most serious challenge to the Indian Child Welfare Act in
Morning Edition “ICWA doesn’t prevent an individualized assessment of the best placement for each child,” says Kathryn Fort, director of the Indian Law Clinic at
Please join the Indigenous Law and Policy Center this Wednesday, November 9, at 6:00 p.m. ET for a post-oral argument discussion of Brackeen over Zoom.
Here was yesterday’s order. Prior post here. Thinking if SCOTUS had some good frybread, they’d let Indian country have the nice things we deserve, like
Session 2: Consequences and Implications of the Supreme Court Case The panel of legal experts and academics will discuss the oral arguments in the HAALAND
Ann Estin has posted “Equal Protection and the Indian Child Welfare Act: States, Tribal Nations, and Family Law,” forthcoming in the Journal of the American
After two years of virtual programming, the D.C. Indian Law Conference returns Monday, November 7 in a hybrid format, allowing attendees the option to attend in-person or
D.C. Federal Court Rejects Effort to Seek Trust Accounting re: Allotments of Former Slaves of Indian Tribes
Here are the materials in Tanner-Brown v. Haaland (D.D.C.): 1 Complaint 15 Motion to Dismiss 18 Opposition 19 Reply 21 DCT Order Granting Motion to
Here are the new materials in Maverick Gaming LLC v. United States (W.D. Wash.): 66 Amended Complaint.pdfDownload 68-1 Shoalwater Motion to Dismiss.pdfDownload 85 Shoalwater Bay
Here. The 16th Annual Rennard Strickland Lecture will take place on Monday, October 24th at 6:00pm in Room 175 of the William W. Knight Law
Announcing the 2022-2023 American Indian Law Review National Writing Competition This year’s American Indian Law Review national writing competition is now welcoming papers from students at accredited law schools in
Comic book here. Fletcher’s paper here: fletcher teaching indian law ssrn.pdfDownload
The 2022 NM State Bar Indian Law Section Annual CLE Conference will be held on Thursday, November 3, 2022, from 8:30 a.m. to 4:45 p.m.
Colorado is the most recent state to add a pro hac rule for ICWA cases. This rule is pretty narrow, and only applies for attorneys
Harvard Native Alums Letter on the Harvard Steering Committee on Human Remains in University Museum Collections Report
Here: Harvard Letter 2022-10-12.pdfDownload The report is here. What would the ancestors say?
Here is yesterday’s order list. The Oklahoma case was Oklahoma v. Wadkins. Lower court materials here. The Court also denied cert in the Clarkson case.
Here: slockish-petitionDownload Question presented: Whether the Ninth Circuit’s mootness ruling warrants summary reversal where the panel clearly misapprehended governing law on mootness and on the
Here. More DALL-E crazy.
Here. October 10th, 4pmPresented by JoAnne CookIn-Person: Munnecke Room, 203 E. Cedar. St. Leland, MI 49654