The Law of American Indians Posts
The Master’s Tools: Tribal Sovereignty and Tribal Self-Governance Contracting/Compacting
Tribal self-governance contracting/compacting has significantly raised American Indian and Alaska Native (AI/AN) health outcomes, standards of living, and education rates across tribal backgrounds. However, whether the Indian Self-Determination and Education Assistance Act (ISDEAA) of 1975 empowers tribal sovereignty remains an open question—a question with important policy implications for tribal governments.
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.
Court Sides With Auburn Tribe Over Former Chairwoman’s Ouster
A federal appeals court Tuesday rejected a challenge by former United Auburn tribal chairwoman Jessica Tavares and other dissident members who charged they were illegally banished and denied their shares of profits from the lucrative Thunder Valley Casino near Lincoln.
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.
Criminal Justice in Native American Communities
Project Reporter Matthew Fletcher was featured on a Minnesota Public Radio News segment on incidents of Native Americans interacting with police.
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.
Indian Bill of Rights vs. U.S. Bill of Rights
Many people are not aware that federal constitutional constraints on governmental action set forth in the Bill of Rights and the Fourteenth Amendment do not apply to, or constrain, tribal government.
Native American Artist Challenges Oklahoma’s Right to Say Who Is an Indian
The Smithsonian National Museum in Washington, D.C., and Sports Illustrated model Kathy Ireland have something in common. Both have displayed the award-winning American Indian artwork of Peggy Fontenot, one of the 1,500 members of the Patawomeck Tribe of Virginia.
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.