Here is the cursory, bloodless opinion in Mound v. United States. Briefs here. Lower court materials here. An excerpt: In 2014, the Tribe identified a culvert—a
Here. Apparently, I sometimes make this face when someone says “Yoda.”
On June 8, 2023, the Supreme Court of the United States in Allen v Milligan upheld the lower court’s determination that the newly adopted Alabama congressional maps
Here are the materials in In re: North Dakota Legislative Assembly: Opinion Petition for Writ of Mandamus Turtle Mountain Opposition The underlying case is here.
Here are the materials in In re Klamath Irrigation District: Opinion Petition for Writ of Mandamus.pdfDownload BOR Response.pdfDownload
Here: Motion to Dismiss.pdfDownload Ordering Denying Motion to Dismiss.pdfDownload Article here.
Michael D. O. Rusco has posted “Oklahoma v. Castro-Huerta, Jurisdictional Overlap, Competitive Sovereign Erosion, and The Fundamental Freedom of Native Nations,” recently published in the
Here are the materials in Brooks v. Burnham (W.D. Va.): 19 Amended Complaint.pdfDownload 26 Motion to Dismiss.pdfDownload 30 Opposition.pdfDownload 31 Reply.pdfDownload 49 Defendants Supplemental Brief.pdfDownload
Next opinion day is June 8. While we wait for Brackeen, I wanted to highlight this story from Colorado, where the Office of Respondent Parents’
Justin E. Brooks has published “Two Countries in Crisis: Man Camps and the Nightmare of Non- Indigenous Criminal Jurisdiction in the United States and Canada”
Here is the opinion in McGill v. Rankin. Available brief here: McGill Brief.PDFDownload We don’t post many of these post-McGirt prisoner cases, but this is
Next opinion release day from the Supreme Court will be June 1. While not required by law, it is traditional for the Court to release
Here is the order in United States v. Michigan. Briefs: Coalition Brief.pdfDownload Federal Brief.pdfDownload State Brief.pdfDownload Sault Tribe Brief.pdfDownload Coalition Reply.pdfDownload
United States’ Motion to Dismiss Amended ComplaintsDownload Tribal Nations Motion to DismissDownload Individual Plaintiffs’ OppositionDownload Garfield County Plaintiffs OppositionDownload SUWA Intervenors ReplyDownload Tribal Nation ReplyDownload
High school graduate Lena’ Black, an enrolled member of the Otoe-Missouria Tribe and of Osage descent, filed a lawsuit on May 15, 2023, against the Broken
Here: Klamath Irrigation District Cert Petition.pdfDownload Question presented: Whether Federal Rule of Civil Procedure 19 requires dismissal of an action challenging a federal agency’s use
Here are the materials so far in Shoshone-Bannock Tribes v. Vanir Construction Management, Inc. 1 Notice of Removal.pdfDownload 1-2 State Court Complaint.pdfDownload 3 Tribal Court
Sarah Deer has published “Feminist Jurisprudence in Tribal Courts: An Untapped Opportunity” in the Yale Journal of Law and Feminism. An excerpt: What if every
Here are the materials in State of Oklahoma v. Brester: OCCA Decision.pdfDownload Appellant Brief.pdfDownload Appellee Brief.pdfDownload Miami and Ottawa Tribes Amicus Brief.pdfDownload Peoria Tribe Amicus
Here are the materials in Dakota Metal Fabrication v. Parisien (D.N.D.): 1 Complaint.pdfDownload 1-3 Motion to Dismiss.pdfDownload 6 Response.pdfDownload 9 Reply.pdfDownload 21 DCT Order.pdfDownload
Here: Current Issue: Volume 11, Issue 2 (2023) Articles PDF Toward a Tribal Role in Groundwater ManagementAlexandra Fay PDF Change by Drips and Drabs or
Here is the announcement.
Here are the materials so far in Mashkikii-Boodawaaning (Medicine Fireplace) v. Chippewa Valley Valley Agency Ltd. (W.D. Wis.): 11 First Amended Complaint.pdfDownload 14 Motion to
Here are the available materials in United States v. Peneaux (D.S.D.): 31 Motion to Dismiss.pdfDownload 38 DCT Order.pdfDownload An excerpt from the order: Federal law
The Sovereignty Symposium is a national event held for the past 35 years in Oklahoma to provide a forum in which ideas concerning common legal
Nasrin Camilla Akbari has published “The Gladue Approach: Addressing Indigenous Overincarceration Through Sentencing Reform” in the NYU Law Review. PDF Here is the abstract: In
Here is the opinion in Upper Skagit Indian Tribe v. Sauk-Suiatte Indian Tribe. Briefs and so on here. Jaune Smith — it’s as if I
Here are the available materials in HCI Distributing v. Hilgers (formerly Peterson) (D. Neb.): 124 HCI Motion for Summary J.pdfDownload 184 DCT Order.pdfDownload Prior post
Here is the opinion in Yellow Kidney v. Montana Office of Public Instruction: Order – Order Denying Motion To Dismiss.pdfDownload Briefs here.
Here is the opinion IN THE MATTER OF S.J.W. This is a truly unfortunate opinion with absurdly weak analysis that extends the reasoning in Castro-Huerta
Opinion here: N00009406PUB At Fed Bar this year, I spoke about concerns regarding the definition of an Indian child for the purposes of ICWA when
Here are the materials in MHA Nation v. Dept. of the Interior: Opinion North Dakota Opening Brief.pdfDownload Federal Answer Brief.pdfDownload North Dakota Opening Brief.pdfDownload Reply.pdfDownload
Here are the materials in Alturas Indian Rancheria v. Newsom (E.D. Cal.): 10-1 California Motion to Dismiss.pdfDownload 25 Rancheria Motion for Summary.pdfDownload 31 California Reply.pdfDownload
Here. Title: Arizona v. Navajo Nation, U.S. Supreme Court Oral Argument Debrief Date/Time: April 20, 2023, 12–1 pm Mountain Time. Registration link: https://americanbar.zoom.us/meeting/register/tJIqf-uprDgtHNJdop7wBRttqIpyu3j9-Xw2#/registration Description: Last month, the U.S.
Shea Esterling has published “The Journey Home: The Repatriation of the Maaso Kova” with the American Society of International Law.
Bethany Berger has posted “Intertribal: The Unheralded Element in Indigenous Wildlife Sovereignty,” forthcoming in the Harvard Environmental Law Review, on SSRN. Here is the abstract:
Submit materials to the form on https://www.indigenouslawconference.com/cfp by April 23, 2023.
Here are the materials so far in Pollard v. Johnson (W.D. Wis.): 26 Amended Complaint.pdfDownload 28 Brief ISO Mot Prelim Injunct.pdfDownload 29 Prop Finding of
from the Project: On April 11th, The Implementation Project will be hosting our annual preparation event focused on preparing for the UN Permanent Forum on
If you cannot attend this event in person, we now have a virtual link! You can watch it virtually here: https://vimeo.com/event/3271405
Seeking Indigenous people who have given birth to participate in a research study to learn about your stories and experiences with feeding your baby. Angie
As we continue through 2023, the Michigan State University College of Law Indigenous Law & Policy Center invites you to join us in reflecting upon
Here: Lexington Opening Brief.pdfDownload Suquamish Answer Brief.pdfDownload Reply TK. Lower court materials here.
Trevor Reed has posted “Restorative Justice for Indigenous Culture,” forthcoming in the UCLA Law Review, on SSRN. Here is the abstract: One still unresolved aspect
Precious Benally, Carmen O’Leary, Angel Charley, Jocelyn Kestenbaum Amanda White Eagle Steve McSloy
Here is the complaint in Seneca-Cayuga Nation v. Drummond (N.D. Okla.): 1 Complaint.pdfDownload Maybe time for some burn barrel protesting.
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.
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
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.
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.
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
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 opinion in Two Eagle v. United States. The briefs: Two Eagle Opening Brief.pdfDownload US Answer Brief.pdfDownload Reply.pdfDownload