The Law of American Indians Posts
An article for Law360 Access to Justice addresses the often extreme circumstances, and vast distances, indigenous victims, defendants and witnesses must traverse in order to testify in court.
An article for Law360 Access to Justice details the complicated maze indigenous women must navigate in order to obtain legal protection when faced with domestic and sexual violence.
The 16th Annual Indigenous Law and Policy Center and Tribal In-House Counsel Association Indigenous Law Conference, hosted by Michigan State University College of Law, will take place October 10-11, 2019 (With pre-conference activities on October 9).
This talk will explain the elements, or factors, that make up this international law and argue that the Doctrine of Discovery morphed into “American Manifest Destiny” and was used, and is still being used today, to justify the United States’ acquisition of the lands and assets of the Indian Nations and peoples.
The Fifth Circuit overturned the Northern District of Texas today with strong language supporting ICWA. The Court found that the plaintiffs did have standing, but found against them on all other counts. There is a dissent forthcoming from Judge Owens.
This decision settles a long running string of cases out of the Minnesota federal courts in which the non-Indian parents of tribal member children argued there was no tribal jurisdiction over their children when they lived on the tribal reservation due to ICWA and PL 280.
The Belloni Decision and Its Legacy: United States v. Oregon and Its Far-Reaching Effects After a Half-CenturyMichael Blumm and Cari Baermann
Fifty years ago, Judge Robert Belloni handed down an historic treaty fishing rights case in Sohappy v. Smith, later consolidated into United States v. Oregon, which remains among the longest running federal district court cases in history.
Tentative Draft No. 3 Restatement of the Law, The Law of American Indians will be presented to membership at ALI’s 96th Annual Meeting. The following entry is the Introductory Note to Chapter 3, Subchapter 2 on the Indian Child Welfare Act and Similar State Laws included in the draft.
The following entry contains the Black Letter and Comments of Tentative Draft No. 3, Section 58. Tribal Economic Enterprises.
North Dakota tribal leaders urged members of Congress Tuesday to protect Native American voting rights, highlighting a state voter identification law they said creates unequal access to the ballot box.