July 21, 2017

NILL added new content to the Indian Law Bulletins on 7/21

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2016-2017update.html
Petitions for certiorari recently were filed in the following featured cases:
Coachella Valley Water District v. Agua Caliente Band of Cahuilla Indians (Federal Reserved Water Right - Groundwater)  
Desert Water Agency v. Agua Caliente Band of Cahuilla Indians (Federal Reserved Water right - Groundwater)
Hackford v. Utah (Reservation Diminishment; Definition of Indian Country; Tribal Criminal Jurisdiction)
Williams v. Poarch Band of Creek Indians (Employment; Trival Sovereign Immunity)
Bishop Paiute Tribe logo

U.S. Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2017.html
Bishop Paiute Tribe v. Inyo County (Tribal Law Enforcement)
Northern New Mexicans Protecting Land, Water, and Rights v. United States of America (Right of Way - Trespass)
Pueblo of Pojoaque v. State of New Mexico (Tribal State Compacts)
Norton v. Ute Indian Tribe of the Uintah and Ouray Reservation (Jurisdiction, Trespass)
United States ex rel. Cain v. Salish Kootenai College, Inc. (Tribal Colleges - False Claims Act)
Navajo Nation v. San Juan County (Election Districts - Gerrymandering)
Ramah Navajo Chapter v. Jewell (Official Tribal Government)

Tribal Courts Bulletin
http://www.narf.org/nill/bulletins/tribal/2017.html
Colebut v. Colebut (Negligence - Trip and Fall)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Health & Welfare section, read about possible U.S. legislative impacts on health care in Indian Country.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2017.html
The following articles were added:
Tribal sovereign immunity from preference claims.
The Master's tools: Tribal sovereignty and tribal self-governance contraction/compacting.
No connection: The issue of Internet on the Reservation.
Swinomish Indian Tribal Community v. BNSF Railway Co. and its effect on litigation challenging BIA's new rights-of-way regulations.
Making it work: Tribal innovation, State reaction, and the future of tribes as regulatory laboratories.
Traditional ecological disclosure: How the Freedom of Information Act frustrates tribal natural resource consultation with Federal agencies.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
The following bills were added:
S.1593: A bill to provide grants to States and Indian tribes to reform their criminal justice system to encourage the replacement of the use of payment of secured money bail as a condition of pretrial release in criminal cases, and for other purposes.
H.R.3211: Safeguard Tribal Objects of Patrimony Act of 2017.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2017.html
We feature notices from the Bureau of Indian Affairs regarding land acquistions for both the Chickasaw and Cherokee Nations.

July 10, 2017

NILL added new content to the Indian Law Bulletins on 7/10

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2016-2017update.html
Petition was filed in Cougar Den, Inc. v. Washington State Department of Licensing (Taxation; Treaty Rights) on 6/14/17. Petition was denied in  City of Myton, Utah v. Ute Indian Tribe of the Uintah and Ouray Reservation (Indian Country Jurisdiction) on 7/3/17.

U.S. Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2017.html
Penobscot Nation v. Mills (Maine Implementing Act; Maine Indian Claims Settlement Act; Hunting and Fishing Rights)
Window Rock Unified School District v. Reeves (Employment Law; Exhaustion of Tribal Court Remedies)
State of Kansas v. Zinke (Reviewable Final Agency Action; Gaming)
Clema v. Colombe (Tribal Police Officer - Immunity)
Begnoche v. D.L. Derose (Religious Rights - Prisoners)
Keweenaw Bay Indian Community v. Khouri (State Taxation - Tobacco)
Wilson v. Umpqua Indian Development Corporation (Tribal Sovereign Immunity; Tort Claims)

Tribal Courts Bulletin
http://www.narf.org/nill/bulletins/tribal/2017.html
Stone v. Colville Business Council (Tribal Sovereign Immunity)
Navajo Nation seal

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
We feature more than thirty stories. One of them, in the Tribal Jurisdiction section, relates to a Ninth Circuit Court of Appeals ruling that opens up tribal jurisdiction over public schools.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2017.html
The following articles were added:
Unclouding Arizona's water future.
Bio-prospecting in the Arctic: An overview of the interaction between the rights of indigenous peoples and access and benefit sharing.
Denying disgorgement: The Supreme Court's refusal to grant the Crow Tribe relief.
Integrating Indigenous rights into multilateral environmental agreements: The International Whaling Commission and aboriginal subsistence whaling.
Fracking in the Badlands: Can levying a carbon tax against oil and gas companies help Native American tribes raise revenue while preserving cherished tribal lands?
The Native American struggle between economic growth and cultural, religious, and environmental protection: A corporate solution.
The Violence Against Women Act: A double-edged sword for Native Americans, their rights, and their hopes of regaining cultural independence.
Environmental justice: A necessary lens to effectively view environmental threats to indigenous survival.
Back to the negotiating table: Designing a Tribal-State compact for Alabama.
Indian treaty fishing rights and the environment: Affirming the right to habitat protection and restoration.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
The following bills were added:
H.R.3138: To amend the Internal Revenue Code of 1986 to treat Indian tribal governments in the same manner as State governments for certain Federal tax purposes, and for other purposes.
H.R.3147: To amend the PROTECT Act to make Indian tribes eligible for AMBER Alert grants.
H.R.3096: To implement a mandatory random drug testing program for certain employees of the Indian Health Service, and for other purposes.
S.1491: A bill to amend the Alaska Native Claims Settlement Act with respect to the Native Villages of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, Alaska, and for other purposes.
S.1492: A bill to establish a Regional Corporation for Natives who are non-residents of Alaska, and for other purposes.
S.1400: A bill to amend title 18, United States Code, to enhance protections of Native American tangible cultural heritage, and for other purposes.
H.R.2987: 21st Century Conservation Service Corps Act of 2017 (See SEC. 203 6, 12, 13).

June 21, 2017

NILL added new content to the Indian Law Bulletins on 6/21


photo of U.S. Supreme Court building

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2016-2017update.html
Opinion was issued in Matal v. Tam (Trademarks; Free Speech) on 6/19/17.

U.S. Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2017.html
French v. Starr (Tribal Jurisdiction; Eviction)
Darnell v. Merchant (Witnesses)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2017.html
In Interest of L.M.B. (Indian Child Welfare Act - Expert Witnesses)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Culture and Tradition section, we feature an article about the U.S. Supreme Court decision striking down a ban on disparaging trademarks.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2017.html
The following articles were added:
Bringing it home: North American genocides.
The model tribal probate code: Opportunity to correct the problems of fractionation and legacy of the Dawes Act.
The Indian Health Service: Barriers to health care and strategies for improvement.
Casting a wide net: Why it is incumbent upon the Environmental Protection Agency to expand the scope of its cost-benefit analysis to include Native American populations and cultural fishing practices in the aftermath of Michigan v. EPA.
Changing currents: Climate change and stakeholder involvement in the Colorado River basin.

The Antiquities Act & national monuments: Analysis of geological, ecological, & archaeological resources of the Colorado Plateau.

June 16, 2017

NILL added new content to the Indian Law Bulletins on 6/16


Standing Rock Sioux Tribe seal

U.S. Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2017.html
Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers (Oil Pipeline - Environmental Impacts)
United States v. Gila Valley Irrigation District (Indian Water Rights)
Wyandot Nation of Kansas v. United States (Fiduciary Duty)
Finn v. Great Plains Lending, LLC (Tribal Sovereign Immunity)
California Valley Miwok Tribe v. Zinke (Official Tribal Government; Tribal Membership)

Tribal Courts Bulletin
http://www.narf.org/nill/bulletins/tribal/2017.html
Tupling v. Kruse (Child Custody)
DiMartino v. Mashantucket Pequot Tribal Nation (Arrest - Use of Force)
Jerred v. Colville Confederated Tribes (Domestic Violence)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2017.html
Jude M. v. State of Alaska (Indian Child Welfare Act - Child in Need of Aid)
Aron Security, INC. v. Unkechaug Indian Nation (Tribal Sovereign Immunity)
In re JJW and ELW, Minors. In re Williams, Minors. (Indian Child Welfare Act - Placement)
Gila River Indian Community v. Department of Child Safety  (Indian Child Welfare Act - Transfer to Tribal Court)

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2017.html
We feature a notice of the Department of Health & Human Services, Centers for Disease Control, regarding a consultation meeting with tribes.

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Health & Welfare section, we feature an article about U.S. legislation proposed to combat Native American veteran homelessness.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2017.html
The following articles were added:
Truth and reconciliation commissions: A needed force in Alaska?
Indian country complexities and the ambiguous state of marijuana policy in the United States.
Responsible resource development and the prevention of sex trafficking: Safeguarding Native women and children on the Fort Berthold Reservation.
An offensive mark on offensive lines: The question of violating the First Amendment through cancellation of the Washington Redskin's trademark.
Trust or bust: Complications with tribal trust obligations and environmental sovereignty.
Balancing the fishes' scales: Tribal, State, and Federal interests in fishing rights and water quality in Maine.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
Five bills were added:
S.1333: A bill to provide for rental assistance for homeless or at-risk Indian veterans.
H.R.2860: To amend title II of the Social Security Act to permit American Indian tribal councils to enter into agreements with Commissioner of Social Security to obtain social security coverage for services performed by tribal council members.
H.R.2915: To repeal section 3003 of the Carl Levin and Howard P. "Buck" McKeon National Defense Authorization Act for Fiscal Year 2015 (Save Oak Flat Act).
S.1272: Drone Federalism Act of 2017.
S.1309: A bill to amend title II of the Social Security Act to permit American Indian tribal councils to enter into agreements with the Commissioner of Social Security to obtain social security coverage for services performed by tribal council members.

June 7, 2017

NILL added new content to the Indian Law Bulletins on 6/9



U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2016-2017update.html
Read the latest Tribal Supreme Court Project update published on 6/6/17.

U.S. Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2017.html
Public Service Company of New Mexico v. Barboan (Utilities; Lands - Right of Way; Condemnation)
Dillon v. BMO Harris Bank, N.A. (Pay Day Loans; Choice of Law - Arbitration Agreements)
Cherokee Nation v. S.M.R. Jewell (Land into Trust)
Ho-Chunk, INC., v. Sessions (Contraband Cigarettes Trafficking Act - Record Keeping Requirements)

Tribal Courts Bulletin
http://www.narf.org/nill/bulletins/tribal/2017.html
Desautel v. Colville Confederated Tribes (Testimony - Competency of Minors; Minors-in-need-of Care)

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2017.html
The Department of the Interior, Office of Hearings and Appeals, is holding a tribal listening session on Indian probate issues.
United Nations, Geneva, Switzerland

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Environment & Energy section, we feature some articles about tribal reaction and support for the international Paris climate agreement.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2017.html
The following articles were added:
The waning of the Indian Child Welfare Act: How mediation may help save the act and preserve its original intent.
Tribal Jurisdiction - A historical bargain.
Untangling the court's sovereignty doctrine to allow for greater respect of tribal authority in addressing domestic violence.
All peoples have a right to self-determination: Henry J. Richardson III's liberatory perspective on racial justice.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
One bill was added:
S.1294: A bill to expand opportunity for Native American children through additional options in education, and for other purposes.

May 26, 2017

NILL added new content to the Indian Law Bulletins on 5/26


the seal of the state of Washington


U.S. Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2017.html
United States v. State of Washington (Treaty Fishing Rights)
Richard Kapela Davis v. Neil Abercrombie (Native Hawaiians; Prisoners - Religious Rights)
Pueblo of Pojoaque v. State of New Mexico (Tribal - State Gaming Compacts)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2017.html
In the Interest of A.O., V.O., and C.O., and Concerning V.S.O. (Indian Child Welfare Act - Transfer to Tribal Court)

Tribal Courts Bulletin
http://www.narf.org/nill/bulletins/tribal/2017.html
Santander Bank, N.A. v. Colebut (Debt - Foreclosure)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Tribal Jurisdiction section, we feature a story about the first jury trial conviction of a non-Indian defendant under the Violence Against Women Act.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2017.html
The following articles were added:
The rise of tribes and the fall of Federal Indian Law.
Incarcerating Native American youth in Federal Bureau of Prisons Facilities: The problem with Federal Jurisdiction over Native youth under The Major Crimes Act.
Reaction to: Incarcerating Native American youth in Federal Bureau of Prisons Facilities: The problem with Federal Jurisdiction over Native youth under The Major Crimes Act.
Failing Native American prisoners: RLUIPA and the dilution of strict scrutiny.
Reaction to failing Native American prisoners: RLUIPA and the dilution of strict scrutiny by Clinton Oxford: Assesing levels of scrutiny with scrutiny.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
We added twelve new bills this week. Look for materials annotated with "added on 5/26/17."

May 19, 2017

NILL added new content to the Indian Law Bulletins on 5/19

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2016-2017update.html
Petition for certiorari was filed in Upstate Citizens for Equality v. U.S. (Land into Trust) on 4/26/17. Petition was denied in Central New York Fair Business Association v. Zinke (Land into Trust) on 5/15/17.

U.S. Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2017.html
Nooksack Indian Tribe v. Zinke (Official Tribal Government; Jurisdiction)
Keepseagle v. Perdue (Settlement - Unclaimed Funds; Nonprofit Organizations)
Mescalero Apache Tribe v. Commissioner of Internal Revenue (Employment Law - Contractors; Federal Income Taxation)
Sylvan Godfrey v. The United States (Breach of Settlement Agreement)
Mishewal Wappo Tribe of Alexander Valley v. Zinke (Fiduciary Duty; Federal Recognition)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2017.html
In the Matter of C.B.D. and P.M.P. (Indian Child Welfare Act - Placement)

Hands Off Bears Ears - A Call to Action
News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Sacred Places section, we feature articles about the current state of the Department of the Interior's review of Bears Ears and other national monuments.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2017.html
The following articles were added:
Conducting business with tribes in the aftermath of the Dollar General Supreme Court split: What you and your clients need to know.
Discretionary deaths in Indian Country: Ensuring full funding for tribal health.
A wholistic, environmental approach to Washington's repair methodology of its state-road culverts.
Fracking the sacred: Resolving the tension between unconventional oil and gas development and tribal cultural resources.
Establishing applicable water quality standards for surface waters on Indian Reservations.
Back to its roots: How § 1983 must return to its origins to provide remedy for the Inupiat against oil drilling in Alaska's arctic circle.
Maxwell, Lewis v. Clarke, and the trail around tribal sovereign immunity.
Starting from scratch: Reassuring "Indian Country" in Alaska by placing Alaska Native land into trust.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
We added the following bills:
S.1116:  Indian Economic Enhancement Act of 2017.
H.R.2545: To reauthorize the special diabetes programs for Indians.
H.R.2320: Samish Indian Nation Land Conveyance Act of 2017.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2017.html
We feature a notice of final issuance from the Department of Health & Human Services adopting Administration for Native Americans (ANA) program policies and procedures.

May 5, 2017

NILL added new content to the Indian Law Bulletins on 5/5

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2016-2017update.html
Petition for certiorari was denied in Tunica-Biloxi Gaming Authority v. Zaunbrecher (Tribal Sovereign Immunity) and granted in Patchak v. Zinke (Constitutional Law) on 5/1/17.
Read the latest Tribal Supreme Court Project update published on 4/4/17 at the project's website.

U.S. Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2017.html
Cayuga Indian Nation of New York v. Seneca County, New York (Real Property Taxes; Tribal Sovereign Immunity)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2017.html
In the Interest of A.D. and Tr.D (Indian Child Welfare Act - Application)

United Nations Permanent Forum on Indigenous Issues logo
News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Intergovernmental Section, we feature articles about recent United Nations meetings regarding the rights of Indigenous peoples.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2017.html
The following articles were added:
Indian title: Unraveling the racial context of property rights, or how to stop engaging in conquest.
Indians, race, and criminal jurisdiction in Indian Country.
Anishinaabe law and "The Round House."
The Doctrine of Christian Discovery: Its fundamental importance in United States Indian law and the need for its repudiation and removal.
Telling stories in council and court: Developing a reflective tribal governance.
The anglocentric supremacy of the Marshall court.
Tribal nations, Indian gaming, and the rigged economy.
Self-determination for whom?: Native American sovereign immunity & disability rights.
Treaties are more than a piece of paper: Why words matter.
Recognition, constitution building and the Indian nations of north and northwest United States 1775-1795: The importance of Indian nations to the framing of the US Constitution.
Your money or your life: Indian parents and child support modifications.
The model tribal probate code: An opportunity to correct the problems of fractionation and the legacy of the Dawes Act.
The creation of tribal cultural hegemony under the Indian Arts and Crafts Act and Native American Graves Protection and Repatriation Act.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
The following bills were added:
S.995: A bill to provide for equitable compensation to the Spokane Tribe of Indians of the Spokane Reservation for the use of tribal land for the production of hydropower by the Grand Coulee Dam, and for other purposes.
H.R.2248: To prohibit the Secretary of the Interior from revising the approved oil and gas leasing program for fiscal years 2017 through 2022.
H.R.2284: To amend title 54, United States Code, to provide for congressional and State approval of national monuments and restrictions on the use of national monuments.
H.R.2320: To direct the Secretary of the Interior to place certain lands in Skagit and San Juan Counties, Washington, into trust for the Samish Indian Nation, and for other purposes.
S.1047: A bill to provide for the recognition of the Lumbee Tribe of North Carolina, and for other purposes.
H.R.2330: To make funds available for fisheries resource disaster assistance for the 2016 Yurok Tribe Klamath River Chinook salmon fishery disaster, and for other purposes.

April 28, 2017

NILL added new content to the Indian Law Bulletins on 4/28

U.S. Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2017.html
New Mexico v. Department of Interior (Indian Gaming Regulatory Act - Tribal-State Compacts)
Fletcher v. United States (Fiduciary Duty)
Lesperance v. Sault Ste. Marie Tribe of Chippewa Indians (Tribal Sovereign Immunity)

Tribal Courts Bulletin
http://www.narf.org/nill/bulletins/tribal/2017.html
Licciardello v. Mashantucket Pequot Gaming Enterprise (Civil Law; Torts; Negligence)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Sacred Places section, we feature articles about a Trump executive order to direct the Department of Interior to review and recommend changes to National Monument designations.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2017.html
The following articles were added:
Recognition of tribal court orders and judgments.
Overriding tribal sovereignty by applying the National Labor Relations Act to Indian tribes in Soaring Eagle Casino and Resort v. National Labor Relations Board.
A fouled hand: Ysleta del sur Pueblo's struggle to game in Texas.
Paths in the wilderness?: The politics and practices of Hopi religious freedom in Hopitutskwa.
Hope for the Hopi in a post-Hobby Lobby world: The Supreme Court's recent interpretation of RFRA and strengthening Native Americans' religious-based land rights claims.
A new narrative: Native Hawaiian law.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
S.975: A bill to amend the Internal Revenue Code of 1986 to permanently extend the Indian coal production tax credit.
S.943:  Johnson O’Malley Supplemental Indian Education Program Modernization Act
S.J.Res.11: A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the final rule of the Bureau of Land Management relating to "Waste Prevention, Production Subject to Royalties, and Resource Conservation".
H.R.2083: Endangered Salmon and Fisheries Predation Prevention Act. See SEC. 5. TREATY RIGHTS OF FEDERALLY RECOGNIZED INDIAN TRIBES.

April 25, 2017

NILL added new content to the Indian Law Bulletins on 4/25


photo of U.S. Supreme Court building

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2016-2017update.html
Opinion was issued in Lewis v. Clarke (Tribal Sovereign Immunity) on 4/25/17.

April 21, 2017

NILL added new content to the Indian Law Bulletins on 4/21


photo of Supreme Court building

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2016-2017update.html
Petition was denied in Sun v. Mashantucket Pequot Gaming Enterprise (Jurisdiction) on 4/17/17.

U.S. Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2017.html
Havasupai Tribe v. Anasazi Water Company LLC (Indian Water Rights - Groundwater) 

Tribal Courts Bulletin
http://www.narf.org/nill/bulletins/tribal/2017.html
In the Matter of T. F. (Juvenile Law; Indian Civil Rights Act)
Sharp v. Red Elk (Civil Procedure) 

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2017.html
Advisory Opinion to the Attorney General RE: Voter Control of Gambling in Florida
In re J. L. (Indian Child Welfare Act - Notice)
In re Rhoades (Prisoners - Religious Freedom; Tobacco)

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2017.html
We feature a notice from the Bureau of Indian Affairs regarding rate adjustments for Indian irrigation projects.

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Environment & Energy section, we feature an article about the impact of climate change on Native American tribes.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2017.html
The following articles were added:
The fate of tribal per capita payments in bankruptcy cases.
Escaping the ICWA penalty box: In defense of equal protection for Indian children.
[Dis]respecting the role of tribal courts.
Complexity's Shadow: American Indian property, sovereignty, and the future.
Who owns our ancestors' voices? Tribal claims to pre-1972 sound recordings.
Predicate offenses, foreign convictions, and trusting tribal courts.

April 14, 2017

NILL added new content to the Indian Law Bulletins on 4/14


Aquinnah Wampanoag Tribe of Gay Head seal

U.S. Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2017.html
Massachusetts v. Wampanoag Tribe of Gay Head (Aquinnah) (Indian Gaming Regulatory Act - Tribal Governmental Power)

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2017.html
The Department of Interior has published a notice about a listening session scheduled to help improve the Land Buy-Back program for tribal nations under the Cobell settlement.

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Tribal Government section, we include an article about a victory for a tribe regarding jurisdiction over gaming.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2017.html
The following articles were added:
Native nations and the Constitution: An inquiry into "extra-constitutionality."
What the future holds: The changing landscape of federal Indian policy.
Roadway to reform: Assessing the 2015 guidelines and new federal rule to the Indian Child Welfare Act's applications in State courts.
Capital, inequality, and self-determination: Creating a sovereign financial system for Native American nations.
Why Indigenous Peoples' property rights matter: Why the United Nations Declaration on the Rights of Indigenous Peoples may be used to condemn Isis and the State of Iraq for their failure to protect the property rights of Indigenous Peoples in the Nineveh Plains.
Defending the Cobell buy-back program.
Intellectual property rights and informed consent in American Indian communities: Legal and ethical issues.
Raising capital in Indian Country.
Christman v. Confederated Tribes of Grand Ronde: A chapter in the disenrollment epidemic.
The dynamic legal environment of daily fantasy sports.
Trespass to culture: The bioethics of Indigenous populations' informed consent in mainstream genetic research paradigms.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
Two bills were added:
S.825: Southeast Alaska Regional Health Consortium Land Transfer Act of 2017.
H.R.2035: Tribal Adoption Parity Act.

Tribal Courts Bulletin
http://www.narf.org/nill/bulletins/tribal/pre2016.html
Christman v. Confederated Tribes of Grand Ronde (Disenrollment)

April 5, 2017

NILL added new content to the Indian Law Bulletins on 4/5

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2016-2017update.html
Petition was denied in Citizens Against Reservation Shopping v. Jewell (Land into Trust; Recognized Indian Tribe) on 4/3/17.

Read the latest Tribal Supreme Court Project update published on 4/4/17

U.S. Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2017.html
Rosebud Sioux Tribe sealUnited States v. Jackson (Indian Reservation Diminishment)
United States v. Washington (Treaty Right to Fish - Culverts)
Rosebud Sioux Tribe v. United States (Indian Health Care Improvement Act)
Pauma Band of Luiseno Mission Indians of the Pauma & Yuima Reservation v. California (Indian Gaming Compact, Breach of)
Davilla v. Enable Midstream Partners, L.P. (Trespass - Natural Gas Pipeline)
Skokomish Indian Tribe v. Forsman (Treaty Right to Hunt; Tribal Sovereign Immunity)
Dahlstrom v. Sauk-Suiattle Indian Tribe (Tribal Sovereign Immunity)
Robinson v. Jewell (pro se action on behalf of a Tribe)

Tribal Courts Bulletin
http://www.narf.org/nill/bulletins/tribal/2016.html
Fryberg v. Tulalip Tribes Housing Department (Housing - Eviction)
C.W. v. The Tulalip Tribe (Employment)
Eastern Band of Cherokee Indians v. Martin (Domestic Violence)
Leggins v. Fort Peck Tribes (Child Neglect) 

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2017.html
Cougar Den, Inc. v. Washington State Department of Licensing (Treaty Right to Travel - Fuel Transport Taxation)
People In Interest of L.L. (Indian Child Welfare Act - Notice)

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2017.html
The Department of Interior, Office of Natural Resources Revenue, has issued proposed rules relating to consolidated federal oil & gas and federal & Indian coal valuation reform.

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Environment & Energy section, we feature articles about possible Trump environmental policy impacts on tribes.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2017.html
The following articles were added:
Batman and two very large jars of mayonnaise: The looming clash of daily fantasy sports and tribal gaming.
VAWA 2013's right to appointed counsel in tribal court proceedings—a rising tide that lifts all boats or a procedural windfall for non-Indian defendants?
Community-scale solar: Watt's in it for Indian Country?

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
Three bills were added:
S.772: A bill to amend the PROTECT Act to make Indian tribes eligible for AMBER Alert grants.
H.R.610: To distribute Federal funds for elementary and secondary education in the form of vouchers for eligible students and to repeal a certain rule relating to nutrition standards in schools.
S.780: A bill to amend the Controlled Substances Act to reduce the gap between Federal and State marijuana policy, and for other purposes.
S.747:  Special Diabetes Program for Indians (SDPI) Reauthorization.
S.785: A bill to amend the Alaska Native Claims Settlement Act to provide for equitable allotment of land to Alaska Native veterans.
H.R.23: Gaining Responsibility on Water (GROW) Act of 2017

March 24, 2017

NILL added new content to the Indian Law Bulletins on 3/24

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2016-2017update.html
Petition was denied in Meyers v. Oneida Tribe of Indians of Wisconsin (Tribal Sovereign Immunity) on 3/20/17 and filed in Central New York Fair Business Association v. Zinke (Land into Trust) on 3/9/17.

The Hopi TribeU.S. Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2017.html
Yazzie v. U.S. Environmental Protection Agency (Clean Air Act - Federal Implementation Plan)
Hopi Tribe v. U.S. Environmental Protection Agency (Clean Air Act - Federal Implementation Plan)
A.D. v. Washburn (Indian Child Welfare Act - Unconstitutional)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2017.html
Kaplan v. State (State Taxation)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Health & Welfare section, we feature articles about a recent court decision relating to the constitutionality of the Indian Child Welfare Act.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2017.html
The mascot manifesto: Challenging the constitutionality of Section 2(a) of the Lanham Act in a heightened era of political correctness.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
Three bills were added:
H.R.669: Columbia River In-Lieu and Treaty Fishing Access Sites Improvement Act.
S.691: A bill to extend Federal recognition to the Chickahominy Indian Tribe, the Chickahominy Indian Tribe-Eastern Division, the Upper Mattaponi Tribe, the Rappahannock Tribe, Inc., the Monacan Indian Nation, and the Nansemond Indian Tribe.
H.R.1650: To establish a national, research-based, and comprehensive home study assessment process for the evaluation of prospective foster parents and adoptive parents and provide funding to States and Indian tribes to adopt such process.

March 17, 2017

NILL added new content to the Indian Law Bulletins on 3/17

The Tribal Supreme Court Project has added the following information:
* The Nomination of Neil Gorsuch to the Supreme Court of the United States – An Indian Law Perspective
* Gorsuch:  Summary of Indian Law Cases
Find at the Project website under Updates and Articles.
Round Valley Indian Tribes of California seal

U.S. Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2017.html
Tavares v. Whitehouse (Indian Civil Rights Act - Exclusion of Members)
Round Valley Indian Tribes of California v. United States Department of Transportation (Public Transportation Project - Sacred Places)
Union Pacific Railroad Company v. Runyon (Necessary Party; Fishing Rights)
Frank's Landing Indian Community v. National Indian Gaming Commission (Indian Gaming Regulatory Act - Indian Tribe)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Economic Development section, we feature an article about a Washington State case confirming treaty rights to travel and trade across state lines free from taxation.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2017.html
Mediating NAGPRA: Bringing cultural consideration back to the table.
Pueblo Indian water rights: Charting the unknown.
Valuing sacred tribal waters within prior appropriation.
Religious accommodation, religious tradition, and political polarization.
Concealed carry to reduce sexual violence against American Indian women.
Key Indian child welfare resources.
The importance of measuring case outcomes in Indian Child Welfare cases.
Strengthening Indian children and families: Lessons from tribal court.
Improving outcomes in Indian Child Welfare cases: Strategies for state-tribe collaboration.
Legal challenges to ICWA: An analysis of current case law.
How the new ICWA regulations impact practice.
Understanding the 2016 Indian Child Welfare Act Regulations.
Tribal jurisdiction and the unauthorized practice of law.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
Six bills were added:
S.607: A bill to establish a business incubators program within the Department of the Interior to promote economic development in Indian reservation communities.
H.R.1581: To amend the Communications Act of 1934 to add access to telecommunications and information services in Indian country and areas with high populations of Indian people to the universal service principle relating to access to such services in rural, insular, and high cost areas.
H.R.1528: To amend the Higher Education Act of 1965 in order to fulfill the Federal mandate to provide higher educational opportunities for Native American Indians.
S.664: A bill to approve the settlement of the water rights claims of the Navajo in Utah, to authorize construction of projects in connection therewith, and for other purposes.
H.R.1491: To reaffirm the action of the Secretary of the Interior to take land into trust for the benefit of the Santa Ynez Band of Chumash Mission Indians, and for other purposes.
H.R.1532: To reaffirm that certain land has been taken into trust for the benefit of the Poarch Band of Creek Indians, and for other purposes.

March 10, 2017

NILL added new content to the Indian Law Bulletins on 3/10


Agua Caliente Band of Cahuilla Indians logo

U.S. Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2017.html
Agua Caliente Band of Cahuilla Indians v. Coachella Valley Water District (Tribal Water Rights - Groundwater)
Desert Water Agency v. U.S. Department of the Interior (Standing; Indian Lands - Taxation)
In re Money Center of America, Inc. (Bankruptcy; Tribal Sovereign Immunity)
United States v. Marwan Sadekni (Indian Health Service Hospital; Jurisdiction)

Tribal Courts Bulletin
http://www.narf.org/nill/bulletins/tribal/2016.html
Escalante and Lopez v. Sells District Council (Sovereign Immunity; Due Process)
Stoplman, et al. v. St. Croix Chippewa Indians of Wisconsin Tribal Council (Enrollment)
Father J. v. Mother A. (Child Custody; Uniform Child Custody Jurisdiction and Enforcement Act)
Carter v. Creek Casino Montgomery (Civil Procedure)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2017.html
Rice v. McDonald (Indian Child Welfare Act - Application)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
We feature over 30 articles. One, in the Land & Water section, relates to a court victory regarding tribal water rights.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2017.html
Here are the articles featured this week:
Conceptions of Indigenousness in the case law of the European Court of Human Rights.
Money, mortgages, and the conquest of America.
Dignity as (self-)determination: Hopi sovereignty in the face of US dispossessions.
Make no bones about it: The need to reform the Native American Graves Protection and Repatriation Act.
What about the children? Extending tribal criminal jurisdiction to crimes against children.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
Seven bills were added:
H.R.1274: State, Tribal, and Local Species Transparency and Recovery Act.
H.R. 1455: To provide for the restoration of Federal recognition to the Clatsop-Nehalem Confederated Tribes of Oregon, and for other purposes.
H.R.1417: To amend the Alaska Native Claims Settlement Act to provide that Alexander Creek, Alaska, is and shall be recognized as an eligible Native village under that Act, and for other purposes.
H.R.1404: To provide for the conveyance of certain land inholdings owned by the United States to the Tucson Unified School District and to the Pascua Yaqui Tribe of Arizona.
H.R.1306: Western Oregon Tribal Fairness Act.
H.R.1476: To amend the Internal Revenue Code of 1986 to permit individuals eligible for Indian Health Service assistance to qualify for health savings accounts.
H.R.1369: To amend the Indian Health Care Improvement Act to revise and extend that Act, and for other purposes.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2017.html
We feature a notice from the Bureau of Indian Affairs regarding an updated list of designated tribal agents for service of notice for Indian Child Welfare Act compliance.

March 1, 2017

NILL added new content to the Indian Law Bulletins on 3/1


Mashantucket Pequot Tribal Nation

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2016-2017update.html
Petition was filed in Sun v. Mashantucket Pequot Gaming Enterprise (Jurisdiction; Due Process) on January 3, 2017.
Petition was denied in Alto v. Jewell (Disenrollment) on February 27, 2017.

U.S. Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2017.html
State of Wyoming v. United States Environmental Protection Agency (Reservation Diminishment)
Bruguier v. Lac du Flambeau Band of Lake Superior Chippewa Indians (Employment - Wrongful Termination)
Fort Sill Apache Tribe v. National Indian Gaming Commission (Gaming - Tribal Lands)

Tribal Courts Bulletin
http://www.narf.org/nill/bulletins/tribal/2016.html
Becenti-Aguilar v. Begay (Tribal Elections)
Calflooking v. Tulalip Tribes (Criminal Law - Exclusion)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2017.html
Lundgren v. Upper Skagit Indian Tribe (In Rem Jurisdiction; Tribal Sovereign Immunity)
In re Adoption of A.R. (Indian Child Welfare Act; Posthumous Adoptions)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Recognition and Enrollment section, we feature an article about the U.S. Supreme Court's refusal to hear a tribal disenrollment case.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2017.html
Here are the articles featured this week:
Congress resurrects a Native harvest and creates potential for conflict in migratory bird management.
The legislative history of the McCarran amendment: An effort to determine whether Congress intended for State court jurisdiction to extend to Indian reserved water rights.
The control of air pollution on Indian reservations.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
Two bills were added:
S.458: A bill to support the education of Indian children.
S.465: A bill to provide for an independent outside audit of the Indian Health Service.