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
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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
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
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.
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
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
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
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
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. October 10th, 4pmPresented by JoAnne CookIn-Person: Munnecke Room, 203 E. Cedar. St. Leland, MI 49654
After a two week trial, on September 30, 2022, a Montana court struck down as unconstitutional two state laws that hinder Native participation in the state’s
Here: Next session is December 1:
With the reply briefs filed yesterday, all of the briefing is completed in the Supreme Court case Haaland v. Brackeen. Oral argument will be at
Chief Judge Mike Petoskey in the healing fire room Chief Judge Petoskey in his office
The Arizona Journal of Environmental Law and Policy at the University of Arizona James E. Rogers College of Law are taking submissions for upcoming issues.
Join the Bureau of Indian Education in Oklahoma City on October 4th for the 2022 Native Language Summit. Experts will be leading discussions on integrating
Came across this short note in Indian Talk, a 1973 newsletter by and about Michigan Indians and a precursor to the original Turtle Talk, referencing
Here are the materials in Eagle Bear Inc. v. Blackfeet Indian Nation (D. Mont.): 51 Eagle Bear 2d Motion for Injunction 54 Blackfeet Opposition 57
Here is the unpublished opinion in Hinmon v. Accohannock Indian Tribe: Unpublished Opinion.pdfDownload
Here: Clarkson Cert Petition Appendix Brief for the Respondents in Opposition to Petition for Writ of Cert. Just taking out the trash today.
Grant Christensen has posted “Getting Cooley Right: The Inherent Criminal Powers of Tribal Law Enforcement,” forthcoming in the UC Davis Law Review, on SSRN. Abstract:
The Michigan State University Indigenous Law and Policy Center (ILPC) and College ofLaw seek entry-level and lateral candidates for full-time, tenure system faculty positions withresearch
Grand Christensen has posted “The Extradition Clause and Indian Country,” forthcoming in the North Dakota Law Review, on SSRN. The abstract: This article looks at
Grand Christensen has posted “Using Consent to Expand Tribal Court Criminal Jurisdiction,” forthcoming in the California Law Review, on SSRN. Navajo police officer photographed by
Register here. Description: Join ACS for our Annual Supreme Court Preview, part of our observation of this year’s Constitution Day. After the seismic decisions handed
Here are the materials in Suquamish Tribe v. Smith (W.D. Wash.): 1 Complaint .pdfDownload 1-3 Suquamish COA Opinion.pdfDownload 52 Suquamish MSJ.pdfDownload 54 Lexington MSJ.pdfDownload 62
VAWA Roundtable Discussion: Shared Tribal Experiences Under VAWA ’13 September 28, 2022 on Zoom Webinar 11-5pm ET | 10 -4pm CT | 9-3pm MT |
Here is the opinion in Klamath Irrigation District v. Bureau of Reclamation. Briefs: Klamath irrigation Opening Brief Shasta View Opening Brief Hoopa Answer Brief Klamath
Here is the order in Bad River Band of Lake Superior Tribe of Chippewa Indians v. Enbridge Evil Energy Co. Inc. (W.D. Wis.): Order and
Here are the materials in Manago v. Cane Bay Partners VI LLLP (D. Md.): 90 Motion to Dismiss — Personal Jurisdiction 90-1 Memorandum 91 Motion
Alaska elected its first Alaska Native to represent it in Congress. Rep. Elect Peltola is Yup’ik and grew up in Bethel, Alaska. A few things
Here is the opinion in Vandecar v. Muscogee (Creek) Nation: Doc. 13, Order and Opinion, 08302022.pdfDownload
Here are the new pleadings in State of Oklahoma v. Dept. of the Interior (W.D. Okla.): 97 Oklahoma Motion for Summary J.pdfDownload 102 Interior Cross-Motion.pdfDownload
sp-7604 The question of qualified expert witness (QEW) has confounded the Alaska Court for years, and unfortunately the regulations and guidelines didn’t provide quite as
Here: Tribe Opening Brief.pdfDownload WPX Answer Brief.pdfDownload Lower court materials here.
Order here. Blurb: Eleven years after the first edition of this book, labor and employment law in Indian country remains a critical battleground for tribal
Here: Navajo Opening Brief.pdfDownload US Brief.pdfDownload Other briefs TK. Lower court materials here.
Here are the materials in Ute Indian Tribe of the Uintah and Ouray Reservation v. United States (D. Utah): 1 Complaint 35 US Motion to
We have a total of 21 pro-ICWA Amicus Briefs. Here they are in some rough categories and some VERY rough summaries. In writing this post,
The NNCTC is publishing a series of essays on Native child welfare, ICWA, and boarding schools. They are all available here. In the most recent,
This means that the United States is potentially liable under the Federal Tort Claims Act. Let the settlement negotiations proceed. Opinion in L.B. v. United
Here is the order: doc.-055-order-on-mtn-for-preliminary-injuction-granted-lower-brule-22cv3008-2022.08.11-004Download The decision acknowledges that the county’s current redistricting plan would dilute the voting power of the Native community and requires
Merits brief on behalf of the intervening tribes–Cherokee Nation, Oneida Nation, Quinault Indian Nation, Morongo Band of Mission Indians, Navajo Nation–in the Haaland v. Brackeen
Sherally Munshi has published “Dispossession: An American Property Law Tradition” in the Georgetown Law Journal. The abstract: Universities and law schools have begun to purge
Deadline is August 15 at 12pm EASTERN. If you are SIGNING ON for a tribe, email [email protected]. If you want to know if a tribe
Here is the opinion in Caremark LLC v. Chickasaw Nation. Briefs: Opening Brief.pdfDownload Answer Brief.pdfDownload US Chamber of Commerce Amicus Brief.PDFDownload Washington Legal Foundation Amicus
Fletcher has posted “Reflections on Professionalism in Tribal Jurisdictions,” a short paper prepared for a special issue of the Michigan Bar Journal. The abstract: In
Here is the complaint in Miccosukee Tribe v. EPA (S.D. Fla.): 1 Complaint.pdfDownload 1-1 Exhibits.pdfDownload
Here: Special Feature: Indian LawThe Impact of “McGirt v. Oklahoma”by: Robert J. Miller Indigenous Erasure in Public Schools: Critical Race Theory, Discrimination, Remediesby: Mia Montoya
Apologies for the late announcement, but due to ILPC staffing changes, we had to take a Friday Job Announcement summer hiatus. We plan to start
Here is the opinion in Casey v. Muscogee (Creek) Nation: Doc.-13-Order-and-Opinion-08012022.pdfDownload
Here is the complaint in Pueblo of Jemez v. United States (D.N.M.): 1 Complaint.pdfDownload NOT the post office. Also NOT the post office, but down
Kekek Jason Stark, Autumn L. Bernhardt, Monte Mills, and Jason A. Robison have published “Re-Indigenizing Yellowstone” in the Wyoming Law Review. HIGHLY RECOMMENDED.