September 22, 2017

NILL added new content to the Indian Law Bulletins on 9/21

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2017-2018update.html
Petition was filed in Upper Skagit Indian Tribe v. Lundgren (Tribal Sovereign Immunity) on 9/11/17.

Read the latest Tribal Supreme Court Project update published on 9/22/17.

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Tribal Government section, we feature an article regarding a possible tribal carbon tax initiative.

U.S. Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2017.html
United States v. Osage Wind, LLC (Mining Leases; Wind Turbines)
Jamestown S'Klallam Tribe v. McFarland (Bankruptcy - Fraudulent Transfers)
Nanticoke Lenni-Lenape Tribal Nation v. Porrino (State Recognition of Tribes)
Flandreau Santee Sioux Tribe v. Gerlach (Indian Gaming; State Taxation)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2017.html
Scott Ranch LLC (Tribal Water Rights Adjudication)
Sharp Image Gaming INC. v. Shingle Springs Band of Miwok Indians (Indian Gaming - Collateral Agreements)

U.S. Regulatory Bulletin   
Jamestown S'Klallam Tribe of Washington seal
http://www.narf.org/nill/bulletins/regulatory/2017.html
We feature a notice of the Department of the Interior, Bureau of Indian Affairs, proclaiming certain lands as reservation for the Jamestown S'Klallam Tribe of Washington. 

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
The following bills were added:
H.R.3354: Department of the Interior, Environment, and Related Agencies Appropriations Act, 2018.
H.R.3744: Tribal Recognition Act of 2017.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2017.html
We feature these articles:
Sacrifice zones in the green energy economy: The "new" climate refugees.
Rights without remedies.

September 14, 2017

NILL added new content to the Indian Law Bulletins on 9/14

photo of John Tahsuda III
 John Tahsuda III named Principal Dep Asst Sec'y for Indian Affairs


News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Intergovernmental section, we feature a story about the appointment of the Principal Deputy Assistant Secretary for Indian Affairs.

U.S. Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2017.html
Toya v. Toledo (Right to Counsel; Right to Jury Trial; Indian Civil Rights Act)
Lummi Tribe of the Lummi Reservation v. United States (Native American Housing Assistance and Self-Determination Act - Funding)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2017.html
In the Interest of: S.E. and B.E. (Indian Child Welfare Act - Intervention)
Douglas Indian Association v. Central Council of Tlingit and Haida Indian Tribes of Alaska (Tribal Sovereign Immunity)

U.S. Regulatory Bulletin   
http://www.narf.org/nill/bulletins/regulatory/2017.html
The Department of the Interior, Bureau of Indian Affairs, proposes a rule to revise the Bureau of Indian Education adequate yearly progress regulation and invites tribes to nominate members to the standards, assessments, and accountability system negotiated rulemaking committee.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
The following bills were added:
H.R.3704: To amend the Public Health Service Act to improve behavioral health outcomes for American Indians and Alaska Natives, and for other purposes.
S.1770: A bill to approve the settlement of water rights claims of the Hualapai Tribe and certain allottees in the State of Arizona, to authorize construction of a water project relating to those water rights claims, and for other purposes.
H.R.3764: To extend the Federal recognition to the Little Shell Tribe of Chippewa Indians of Montana, and for other purposes.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2017.html
Norton v. Ute Indian Tribe: Seeking concrete delineations in the tribal exhaustion doctrine.
The evolution of indigenous peoples' consultation rights under the ILO and U.N. regimes.
International trade in indigenous cultural heritage: What protection does international law provide for indigenous cultural goods and services in international commerce?
Varying vernaculars: How to fix the Lanham Act's weakness exposed by the Washington Redskins.

September 8, 2017

NILL added new content to the Indian Law Bulletins on 9/7

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Recognition & Enrollment section, we feature a couple of articles about the Cherokee Nation Freedmen case.

U.S. Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2017.html
Mdewakanton Sioux Indians of Minnesota v. Zinke (Tribal Consultation)
The Cherokee Nation v. Nash (Tribal Enrollment)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2017.html
Michelle M. v. Department of Child Safety (Indian Child Welfare Act - Notice)
In the Matter of the Adoption of B.B. (Indian Child Welfare Act - Application of)
In Matter of: L.W.S. (Indian Child Welfare Act - Notice)

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2017.html
We feature the first Trump administration Department of the Interior, Bureau of Indian Affairs, HEARTH Act approvals for Indian tribes.
Winnebago Tribe of Nebraska seal

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
The following bill was added:
H.R.3688: To transfer administrative jurisdiction of certain Federal lands from the United States Army Corps to the United States Bureau of Indian Affairs, to take such lands into trust for the Winnebago Tribe of Nebraska.

August 31, 2017

NILL added new content to the Indian Law Bulletins on 8/31


photo of U.S. Supreme Court building

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2017-2018update.html
Petition for certiorari was filed in Washington v. U.S. (Fishing Rights) on 8/17/17.
Petition for certiorari was filed in Alaska v. Ross (Climate Change - Threatened Species) on 7/23/17.
Petition for certiorari was filed in Town of Vernon v. U.S. (Land into Trust; Commerce Clause) on 6/23/17.

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Economic Development section, we feature an article about tribal taxation of oil drillers. The Environment & Energy section includes a story about challenges to protect Pacific salmon habitat.

U.S. Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2017.html
Becker v. Ute Indian Tribe of the Uintah and Ouray Reservation (Civil Jurisdiction)
Ute Indian Tribe of the Uintah and Ouray Reservation v. Lawrence (Civil Jurisdiction)
Coeur D'alene Tribe v. Hawks (Civil Jurisdiction)
Picayune Rancheria of Chukchansi Indians v. United States Department of the Interior (Gaming)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2017.html
State of Utah, In the Interest of P.F. (Indian Child Welfare Act - Expert Testimony)
In re Detmer/Beaudry (Michigan Indian Family Preservation Act)

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2017.html
The following articles were added:
A collective memory of injustice: Reclaiming Hawai'i's Crown Lands Trust in response to Judge James S. Burns.
Sullying the scholar's craft: An essay and criticism of Judge James S. Burn's Crown Lands Trust article.
Ninth Circuit applies Winters doctrine to groundwater.
Back to the future: How the holding of Shelby County v. Holder has been a reality for South Dakota Native Americans since 1975.
Bystander no more? Improving the federal response to sexual violence in Indian country

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2017.html
We feature a final interim rule of the Department of the Interior, Fish and Wildlife Service, on migratory bird hunting regulations on certain federal Indian reservations for the 2017-18 season.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
The following bill was added:
H.R.3657: To amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to provide headstones and markers for the graves of spouses and children of veterans who are buried in tribal cemeteries.

August 18, 2017

NILL added new content to the Indian Law Bulletins on 8/18

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2017-2018update.html
Petition for certiorari was filed in Town of Aquinnah v. Wampanoag Tribe of Gay Head and Massachusetts v. Wampanoag Tribe of Gay Head (Indian Gaming Regulatory Act - Restrictions imposed by States) on 8/8/17.
Petition for certiorari was filed in French v. Starr (Jurisdiction) on 8/2/17.

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Tribal Jurisdiction section, we feature an article about tribal court jurisdiction regarding opioid abuse.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2017.html
The following articles were added:
New horizons in Indian country.
Indigenous Rights of Standing Rock: Federal courts and beyond.
Justice Gorsuch and Federal Indian law.
Unraveling Public Law 280: Better late than never.
Legal developments: Trust in lands in Alaska.
A legal perspective on sliver of a full moon.
Human rights heroes.

Seal of the Lumbee Tribe of North Carolina
U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2017.html
We feature an adopted rule from the Department of Commerce, National Oceanic and Atmospheric Administration, on subsistence taking of northern fur seals on the Pribilof Islands for 2017-2019.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
The following bill was added:
H.R.3650: To provide for the recognition of the Lumbee Tribe of North Carolina, and for other purposes.

August 11, 2017

NILL added new content to the Indian Law Bulletins on 8/11


Photo of U.S. Supreme Court building

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2017-2018update.html
Petition for certiorari was filed in Great Plains Lending, LLC, et al., Petitioners v. Consumer Financial Protection Bureau (Application of Federal Law).

U.S. Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2017.html
Murphy v. Royal (Jurisdiction; Reservation Diminishment; Criminal Law)
Window Rock Unified School District v. Reeves (Jurisdiction; Employment Law)
Miccosukee Tribe of Indians of Florida v. Tein (Tribal Sovereign Immunity)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2017.html
In the Interest of D.H., JR. (Indian Child Welfare Act - Termination of Parental Rights)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Land & Water section, we feature a couple of articles about a tribal groundwater dispute.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2017.html
The following articles were added:
Indigenous water justice.
Indian children and the federal-Tribal trust relationship.
Whose standards control? Maine v. McCarthy and the federal, state, and tribal battle over water quality regulation.
Exploring alternatives to the "consultation or consent" paradigm.
San Manuel's second exception: Identifying treaty provisions that support tribal labor sovereignty.
We need protection from our protectors: The nature, issues, and future of the federal trust responsibility to Indians.
Returning to the tribal environmental "laboratory": An examination of environmental enforcement techniques in Indian country.

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

August 4, 2017

NILL added new content to the Indian Law Bulletins on 8/4


drawing of gavel

U.S. Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2017.html
Enerplus Resources Corporation v. Wilkinson (Jurisdiction - Settlement Agreements)

Tribal Courts Bulletin
http://www.narf.org/nill/bulletins/tribal/2017.html
Hoopa Valley Tribe v. Bernardo (Tribal Sovereign Immunity)
Hendricks v. Mashpee Wampanoag Tribe (Elections)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2017.html
Wingra Redi-Mix INC. v. Brial Sites Preservation Board (Burial Sites)
Bob S. v. State of Alaska (Indian Child Welfare Act - Termination of Parental Rights)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Intergovernmental section, we feature a story about Congressional review of Indian land trust policy.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2017.html
The following articles were added:
Operationalizing free, prior, and informed consent.
Mining for compromise in pastoral Greenland: Promise, progress, and problems in international law's response to indigenous people.
Citizenship, disenrollment & trauma.
Restoring the Skagit River Delta: Habitat restoration and farmland reclamation on Fir Island.
Riparian rights, navigability, and the Equal Footing Doctrine in Montana.
Form and substance: The National Historic Preservation Act, Badger-Two Medicine, and meaningful consultation.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
The following bills were added:
H.R.3473: To amend section 520E of the Public Health Service Act to require States and their designees receiving grants for development and implementation of statewide suicide early intervention and prevention strategies to collaborate with each Federally recognized Indian tribe, tribal organization, and urban Indian organization in the state.
H.R.3597: To amend the Coastal Zone Management Act of 1972 to authorize grants to Indian Tribes to further achievement of Tribal coastal zone objectives, and for other purposes.
S.1698: A bill to amend the Internal Revenue Code of 1986 to clarify the treatment of contributions to Alaska Native Settlement Trusts, and for other purposes.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2017.html
We feature a Department of the Interior notice regarding conveyance of the surface estate in the lands for an Alaska Native village.

July 28, 2017

NILL added new content to the Indian Law Bulletins on 7/28



The NILL Tribal Law Gateway, which provides access to over 200 tribal codes, is continuously being updated. Recent additions include the Penobscot Nation’s chapter on Publication of Tribal Laws and Choctaw Nation’s Peacemaking Act. Check out what the Tribal Law Gateway has to offer, and contact the library for research assistance on your next tribal law project.

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2017-2018update.html
Petition for certiorari was filed on 7/17/17 in S.S. v. Colorado River Indian Tribes (Indian Child Welfare Act)

U.S. Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2017.html
Osceola Blackwood Ivory Gaming Group, LLC v. Picayune Rancheria of Chukchansi Indians (Gaming - Contracts)
Rincon Mushroom Corporation of America v. Mazzetti (Exhaustion of Tribal Remedies; Non-Indian Fee Simple Lands)
Ruchert v. Williamson (Federal Tort Claims Act; Personal Injuries)
Garcia v. Elwell (Indian Civil Rights Act; Tribal Sovereign Immunity)

Tribal Courts Bulletin
http://www.narf.org/nill/bulletins/tribal/2017.html
Mother H v. Father H (Child Custody; Jurisdiction)
Arviso v. Muskett (Elections)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Intergovernmental section, we feature an article about tribes requesting a bigger role in selecting U.S. attorneys. 

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2017.html
The following articles were added:
ICRA Habeas Corpus relief: A new habeas jurisprudence for the post-oliphant world?
Imaginary lines, real consequences: The effect of the militarization of the United States-Mexico border on Indigenous peoples.
Improving Native American tribe's voice in international climate change negotiations.
Justice Scalia and Tonto fistfight in Heaven.
Budding conflicts: Marijuana's impact on unsettled questions of Tribal-State relations.
Chicago's last unclaimed Indian territory: A possible Native American claim upon Bill Caldwell's land.
The Arctic in the public order of the world community.
The Arctic Council: Twenty years in the making and moving forward.
Closing time: Removing the State of Oklahoma from alcohol regulation in Indian Country.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
The following bills were added:
H.R.3524:  To amend the Internal Revenue Code of 1986 to clarify the treatment of contributions to Alaska Native Settlement Trusts, and for other purposes.
H.R.3490: To amend the Public Health Service Act to authorize grants to eligible entities to develop and implement statewide or tribal post-adoption and post-legal guardianship mental health service programs for all children who are adopted or placed in legal guardianship, and for other purposes.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2017.html
We feature a proposed rule of the Department of Interior, Bureau of Land Management regarding hydraulic fracturing on federal and Indian Lands.

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.