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The Supreme Court’s Last 30 Years of Federal Indian Law: Looking for Equilibrium or Supremacy?

Alexander T. Skibine | December 12, 2017 | American Indian Law

Since 1831, Indian nations have been viewed as Domestic Dependent Nations located within the geographical boundaries of the United States. Although Chief Justice John Marshall acknowledged that Indian nations had a certain amount of sovereignty, the exact extent of...

Agua Caliente Indians Victory Could Alter Water Practices in Western States

Jennifer Morinigo | December 7, 2017 | American Indian Law

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. The Ninth Circuit Court of Appeals affirmed the...

U.S. Supreme Court Denies Review of Indian Child Welfare Act

Stephanie Sanchez | November 13, 2017 | American Indian Law, Children and the Law

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...

Senate committee discusses bills introduced in wake of LaFontaine-Greywind killing

Blake Gumprecht | October 30, 2017 | American Indian Law

WASHINGTON — 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...

October Council Meeting Updates

Jennifer Morinigo | October 24, 2017 | American Indian Law, Children and the Law, Conflict of Laws, Data Privacy, Sexual Assault, Student Sexual Misconduct, Torts: Intentional Torts to Persons

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: Law of American Indians: The Council approved Council Draft No. 4, with the exception of § 33 Sovereign Immunity...
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