The Law of American Indians Posts
This Article examines what has been the role of the Supreme Court in integrating Indian nations as the third Sovereign within our federalist system.
The U.S Supreme Court denied a petition to hear a case involving whether, when, and to what extent the federal reserved right doctrine recognized in Winters v. United States pre-empts state-law regulation of groundwater.
Can American Indian nations sue and be sued in federal and state courts? Specific issues are whether tribes have corporate capacity to sue, whether a Native group has recognized status as a tribe, and whether and to what extent tribes and their officers have governmental immunity from suit.
In the case, S.S. v Colorado River Indian Tribes, the U.S. Supreme Court recently denied a petition for certiorari filed by the Goldwater Institute.
The petition alleges the Indian Child Welfare Act, a federal law that established standards for the placement of Native American children in foster and adoptive homes, is unconstitutional.
The U.S. Senate Committee on Indian Affairs held hearings Wednesday, Oct. 25, on two bills introduced by North Dakota senators to address issues raised after the killing in August of a 22-year-old Fargo woman, Savanna LaFontaine-Greywind, and abduction of her newborn child.
At its meeting in New York City on October 19 and 20, The American Law Institute’s Council reviewed drafts for eight projects, with the following outcomes:
It’s highly appropriate for The American Law Institute to take on federal Indian law; it is fundamental to who we are as a nation. The history of federal Indian law reflects the country coming to grips with its colonization of indigenous peoples. The process has gone on now for a long time, obviously, and in the early stages, the state of the law was dismal from a human rights standpoint.
Here are some recent and upcoming events featuring topics that may be of interest to our readers.
After a landmark decision on Native American jurisdiction in August, Oklahoma prosecutors have asked the 10th U.S. Circuit Court of Appeals to reconsider its ruling, this time asking the whole court to review the opinion of a three-judge panel.
State, county and tribal officials involved in the new court say it marks a turning point that promises better relationships between the state and the tribes and better outcomes for children.