On November 2, 2023, the North Dakota federal district court ruled in favor of the MHA Nation and North Dakota on motions for summary judgment.
Louis LaRose, former chair of the Winnebago Tribe of Nebraska, has walked on. News profile here. As chairman, Mr. LaRose testified on behalf of the
By Robert A. Williams, Jr. At its annual meeting next week, the National Congress of American Indians (NCAI) will consider removing state recognized tribal governments
Judge Lauren King, Judge Sarah Wheelock, Judge Allie Maldonado, and Judge Wenona Singel (moderator)
Here are the briefs in United States v. Smith: APPELLANT’S OPENING BRIEF United States Response Brief Pueblo Amicus 2023-07-12_ Brief of the SofNM as Amicus
First Nations Development Institute (First Nations) is pleased to launch a new online series of essays that focuses on Native justice. With generous support from
Here are the materials so far in Shaff v. Claymore (D.S.D.): 1 Complaint.pdfDownload 1-1 Emergency Petition to Exclude.pdfDownload 1-2 Civil Complaint in Frasier v Shaff.pdfDownload
Tanner Allread on SCOTUS’ Improper Use of Indian Removal Era Analysis in Modern Day Indian Law Cases
W. Tanner Allread has published “The Specter of Indian Removal: The Persistence of State Supremacy Arguments in Federal Indian Law” in the Columbia Law Review.
Here, finalized on Nov. 1: 34-niac-final-report_version-11.1.23_final It’s over 200 pages, so I’ve only been able to skim it so far, but it appears incredibly comprehensive:
Here. The National Native American Law Student Association (NNALSA), in partnership with the University of Montana, Alexander Blewett III School of Law NALSA Chapter, are
Here is Monday’s order list. The petition was Klamath Irrigation District v. Bureau of Reclamation: petition and opposition briefs.
Here are the materials in Balli v. Akima Global Services LLC (S.D. Tex.): 1 Complaint.pdfDownload 5 Motion to Dismiss.pdfDownload 8 Response.pdfDownload 9 Reply.pdfDownload 14 Magistrate
Sarah Crawford, Reneau J. Longoria and Heather Whiteman Runs Him have published “Decisions Impacting Indian Country in the 2023 Supreme Court Term” in the Montana
Here are the materials in West Flagler Associates Ltd. v. Haaland: Application for Stay Federal Response Order Denying Stay + Kavanaugh Statement Seminole Letter Lower
This extension is regarding the letter in this post. The Administration (DOI, HHS, and DOJ) are asking for input on the following: What additional supports
Here. An excerpt: BCR did not comply with the procedural requirements of Rule 11, and the district court erred when it imposed Rule 11 sanctions
Here: La Posta Opening Brief.pdfDownload Yavapai Apache Response Brief.pdfDownload Calif Gambling Commission Response Brief.pdfDownload Prior post here.
Please share with your networks! The ILPC is seeking applicants for the position of Communications Coordinator. The deadline for applications is October 30, 2023, and
Here are the materials in Brown v. Choctaw Resort Development Enterprise (S.D. Miss.): 1 Complaint 7 Motion to Dismiss 9 Response 10 Reply 19 DCT
Here is the motion in the now-consolidated case of Eastern Shawnee Tribe v. Drummond (N.D. Okla.): 34 Modoc Motion for Voluntary Dismissal.pdfDownload Prior post here.
8:30-10:30 ET Professionalism – An Interactive Activity (Ethics) Virjinya Torrez (Cherokee Nation of Oklahoma), Assistant Attorney General, Pascua Yaqui Tribe TJ McReynolds (Pueblo de San
Logan C. Hibbs has published “Not So Clear and Plain: Exploring the Circuit Split on the Applicability of Federal Labor & Employment Laws to Tribes”
Here are the materials in Arocha v. Blackman (D. Mont.): 10 Amended Habeas Petition.pdfDownload 22 Motion to Dismiss.pdfDownload 24 Motion for Judgment on the Pleadings.pdfDownload
Here are the briefs: Littlefield Brief Mashpee Tribe Federal Brief Reply Oral argument audio here.
Judicial Clerkships Panel Discussion October 17, 2023, 12-1 pm MTZoom Webinar with Q&A The tribal, state, and federal benches need more Native judges and judicial
Here is the opinion in Medina v. Estate of Cody: 1 CA-CV 22-0709 – Medina v. Chee – Opinion.pdfDownload An excerpt: The issue before us
Here is today’s order list. The two denied petitions are Bird Industries v. Tribal Business Council of the Three Affiliated Tribes of the Fort Berthold
Here is the order in Grayson v. Citizenship Board (MCN Dist. Ct.): mcn dist. ct., order and opinion on appeal from citizenship board of the
Here: Michigan Brief.pdfDownload Tribes Amicus Brief.pdfDownload States Amicus Brief.pdfDownload 27-2.-FLOW-Amicus-Brief.pdfDownload
Amicus Briefs (also known as “friend of the court” briefs) in support of Nessel’s position were filed by 12 states and the District of Columbia, 63 Tribal
Here are the materials in Williams v. Big Picture Loans LLC (E.D. Va.): 1166 Williams MSJ.pdfDownload 1206 Opposition.pdfDownload 1241 Reply.pdfDownload 1406 DCT Order.pdfDownload Prior posts
Vanessa Racehorse and Anna Hohag have posted “Achieving Climate Justice Through Land Back: An Overview of Tribal Dispossession, Land Return Efforts, and Practical Mechanisms for
Here: Stitt Opening Brief.pdfDownload Creek Seminole Amicus Brief.pdfDownload Cherokee Chickasaw Choctaw Amicus Brief.pdfDownload Tulsa Brief.pdfDownload Stitt Reply.pdfDownload Creek Seminole Reply Brief.pdfDownload Cherokee Chickasaw Choctaw Reply
Here is the petition in Beccera v. Northern Arapaho Tribe: US v NAT Cert Petition.pdfDownload Question presented: Whether IHS must pay “contract support costs” not
The Government of Canada submitted a brief as amicus curiae to once again ask the Court to consider “Canada’s Treaty rights” by invoking the 1977
Forrest Tahdooahnippah Heather Tanana Angela Riley, Vanessa Racehorse, Lauren van Schilfgaarde, Kekek Stark
Please join us either in person at the MSU Law School or via livestream. Register here October 9, 2023 | 12:00 p.m. – 2:00 p.m.Castle
Here is the complaint in Fort Belknap Indian Community Planning and Development Corp. v. Weddle (D. Mont.): 1 Complaint.pdfDownload 1-2 Exhibit A.pdfDownload 1-3 Exhibit B.pdfDownload
Here is the opinion in Swinomish Indian Community v. Lummi Nation. Briefs here. Lower court materials here.
The NNALSA Moot Court competition will be hosted by the Alexander Blewett III School of Law at the University of Montana on February 23-24, 2024.
Here are the available materials in Pitoitua v. Gaube (Wash. Ct. App.): Opinion.pdfDownload Respondent’s Brief.PDFDownload
Here are the materials in Pueblo of Pojoaque v. Biedsheid (D.N.M.): 18 Amended Complaint.pdfDownload 36-1 Buffalo Thunder MSJ.pdfDownload 41 Peña Opposition.pdfDownload 43 Biedsheid Opposition.pdfDownload 44
Here. Part of the canon at the MEOW residence
Here are the materials in In re Subpoena of Kenney (D. Mass.): 3 Motion to Quash Subpoena 13 Response 18 Reply 39 Magistrate Order
Here is the opinion in United States v. Britt. Briefs: Britt Brief US brief Reply
The undersigned Tribal and First Nations submitted a petition to the Committee on the Elimination of Racial Discrimination to urge the Committee to examine the
2023 OBA ILS Bill Rice Scholarshp Flyer v.1 Multiple $2,000-$5,000 scholarships for law students intending to practice Indian law in Oklahoma. Applications due October 13th.
Here are the materials in Winnemucca Indian Colony v. United States (Fed. Cl.): 22 First Amended Complaint.pdfDownload 23 US Motion to Dismiss.pdfDownload 25 Response.pdfDownload 28
Here are (many of the) materials in Preciado v. Great Wolf Lodge (D. Ariz.): 1 Complaint 23 Motion to Dismiss Tribe Defendants 24 Motion to
Adam Crepelle and Ilia Murtazashvili have posted “Artificial Intelligence on Indian Reservations in the United States: Prospects and Challenges” on SSRN. Here is the abstract:
The Uniform Law Commission is seeking to consult with tribes regarding the need and/or benefit of a uniform ICWA law for those states that either
Here are the materials so far in Sichenzia Ross Ference LLP v. Skull Valley Band of Goshute Indians of Utah (S.D. N.Y.): 1 Complaint.pdfDownload 7
Over the last week, I’ve put together a (large, clunky) Google sheets of all the state ICWA laws. It isn’t perfect and subject to change
Here is a link to the tribal resolution setting the referendum vote.
Here are the materials in Williams v. Harpe: Application for Certificate of Appealability CA10 Order
Here is the opinion in Harris v. First Management Services LLC (N.D. Ill.): DCT Order.pdfDownload Briefs when PACER stops being a punk.
Here. Summary: The Department of the Interior (Department) is finalizing updates to its regulations governing the process for pursuing administrative review of actions by Indian
Here is the order in Becker v. Ute Indian Tribe. Lower court materials here.
Here are the materials in Skull Valley Health Care LLC v. NorStar Consultants (D. Utah): 2 Notice of Removal to Federal Court.pdfDownload 2-4 State Court
Recently the Washington Post published a long article on the issues in the Office of Solicitor General regarding their lack of diversity in hiring. This
Here are the materials in United States v. Kills Warrior (D.S.D.): 1 Indictment.pdfDownload 36 Motion to Dismiss.pdfDownload 38 Government Opposition.pdfDownload 40 Magistrate Order.pdfDownload 41 Objection.pdfDownload
Nicholas Stamates has posted “The Aftermath of McGirt and Castro-Huerta: Problems and Possible Solutions relating to White Collar Crime in the City of Tulsa,” recently
Here is the order in Narragansett Indian Tribe v. Pollack (D.D.C.): 39 DCT Order.pdfDownload
Here is the order in Shoshone-Bannock Tribes v. Vanir Construction Management Inc. (D. Idaho): 21 Magistrate Order.pdfDownload Briefs here.
Here is the complaint in Fond du Lac Band of Lake Superior Chippewa v. The 3M Company (D.S.C.): fond-du-lac-band-of-lake-superior-chippewa-v.-3m-company-the-et-al-1Download
Here is the unpublished opinion. Briefs: Opening Brief.pdfDownload NIGC Answer Brief.pdfDownload Reply.pdfDownload Lower court materials here.
The tribal child custody case here has received a lot of social media attention with very few details. The case is in Selawik Tribal Court.
Here is the unpublished opinion in Villasenor v. Torres-Martinez Desert Cahuilla Indians. The tribe’s brief: Tribe Answer Brief.pdfDownload
Here is the unpublished opinion in Western Watersheds Project v. McCullough. And same for the Bartell Ranch/Burns Paiute case. Selected briefs: Burns Paiute Brief.PDFDownload Western
Sheryl Lightfoot of Keewenaw Bay Indian Community is the Chairperson
Here: Includes: • An overview of the U.S. Supreme Court opinion in Oklahoma v. Castro-Huerta. • An interview with Tom Tremaine, a retired tribal court judge
Here are the materials in Turpen v. Muckleshoot Tribal Court (W.D. Wash.): 45 Turpen Motion for Summary J.pdfDownload 46 Tribe Opposition.pdfDownload 47 Turpen Reply.pdfDownload 49
Angela R. Riley has published “Before Mine!: Indigenous Property Rights for Jagenagenon,” a review of Michael Heller and James Salzman’s book, “Mine!: How the Hidden Rules
Angelique EagleWoman has posted “The Capitalization of ‘Tribal Nations’ and the Decolonization of Citation, Nomenclature, and Terminology in the United States,” recently published in the
Here is the opinion in Santa Monica Development Co. v. Gabrielino-Tongva Tribe: Unpublished Opinion.PDFDownload
It’s an older case, from back in April, but here are the materials in Gilliland v. Barteaux (N.D. Okla.): 1 Habeas Petition.pdfDownload 9 Motion to
Here is the amended complaint in White Mountain Apache Tribe v. Su (D.D.C.): 38 Second Amended Complaint.pdfDownload
Here is the opinion in State of Kansas ex rel. Kobach v. Dep’t of the Interior. Briefs here.
Here is the opinion in Mestek v. Lac Courte Oreilles Community Health Center: CA7 Opinion.pdfDownload Materials here.
Here is the opinion in Hooper v. City of Tulsa. Briefs here and here. Substitute Hooper for Haley and Oklahoma for United States.
Alyssa Couchie has published “ReBraiding Frayed Sweetgrass for Niijaansinaanik: Understanding Canadian Indigenous Child Welfare Issues as International Atrocity Crimes” in the Michigan Journal of International
Here are the materials in Corrales v. California Gambling Control Commission: Unpublished Opinion.PDFDownload Jaune Smith Briefs: Corrales Opening Brief.pdfDownload State Brief.pdfDownload Corrales Reply.pdfDownload
This year’s conference will take place October 2-3, 2023, at Graton Resort & Casino located near San Francisco, CA. Registration is now open and available