The Law of American Indians Posts

Arizona Supreme Court Decides ICWA Transfer Case

The Community did not expressly waive its right to seek transfer; thus, the only waiver here would be implied because the Community did not seek transfer until after parental rights were terminated. However, “[t]o imply a waiver of jurisdiction would be inconsistent with the ICWA objective of encouraging tribal control over custody decisions affecting Indian children

Tribal Appellate Court Affirms Immunity

The issue as to whether Comanche Nation waived its sovereign immunity with respect to a binding arbitration clause contained in gaming machine vendor agreements signed by the Tribal Chairman on behalf of the tribe was brought before the Court of Indian Appeals for the Southern Plains Region in Anadarko, Oklahoma.

Overriding Tribal Sovereignty by Applying the National Labor Relations Act to Indian Tribes in Soaring Eagle Casino and Resort v. National Labor Relations Board

On July 1, 2015, the United States Court of Appeals for the Sixth Circuit decided Soaring Eagle Casino and Resort v. NLRB. The three-judge panel unanimously concluded that the National Labor Relations Act (NLRA), a generally applicable federal statute, should not apply to Indian tribes. However, by a 2-1 vote, the court held that the NLRA would apply to the tribally-owned and operated casino by the Saginaw Chippewa Tribal Nation on reservation land.

Improving Tribal Consultation and Tribal Involvement in Federal Infrastructure Decisions

Based on Tribes’ input, this Report articulates a set of principles that should inform agency practices in the realm of infrastructure. Among other things, this includes appropriate staffing, training, and resource allocations, as well as guidance as to how Tribal interests should be incorporated into agency decision-making processes in both formal and informal ways. These recommendations should help agencies fulfill their dual responsibilities of complying with applicable treaty and trust responsibilities and ensuring a smooth runway for infrastructure investments.

Gendering Federal Indian Law

Imagine living in a world where your government is not allowed to protect you. A world in which your family and yourself could be brutally victimized while your government has no power to interfere.

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