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Margaret Mc Keown, Circuit Judge, held that: 1) any disputes about per capita payments from an Indian tribe to a tribal member must be brought in a tribal forum, not through federal habeas proceedings; 2) temporary exclusion from Indian tribal land is not tantamount to a "detention," for purpose of detention requirement of habeas corpus provision of ICRA; and 3) exclusion of petitioners was not a "detention" within meaning of habeas provision of ICRA, as required for district court jurisdiction. Questions Presented: Whether the Yakama Treaty of 1855 creates a right for tribal members to avoid state taxes on offreservation commercial activities that make use of public highways.
§ 357 authorizes such a condemnation action, may the action move forward if the Indian tribe invokes sovereign immunity and cannot be joined as a party to the action? Ruling below: Public Service Company of New Mexico v. The Court of Appeals, Phillips, Circuit Judge, held that: 1) as a matter of first impression, Indian General Allotment Act did not allow condemnation of allotted lands owned in any part by tribe, and 2) oil pipeline company was not entitled to intervene on appeal. Question Presented: Whether Wyoming’s admission to the Union or the establishment of the Bighorn National Forest abrogated the Crow Tribe of Indians’ 1868 federal treaty right to hunt on the “unoccupied lands of the United States,” thereby permitting the present-day criminal conviction of a Crow member who engaged in subsistence hunting for his family. Question Presented: Should the "detention" requirement for habeas review under the ICRA be construed "more narrowly than" the "custody" showing required under other federal habeas statutes? Ruling Below: , 851 F.3d 863 The Court of Appeals, M. Back to Top Question Presented: "When [the government] determines that a species that is not presently endangered will lose its habitat due to climate change by the end of the century, may NMFS list that species as threatened under the Endangered Species Act?
Whether § 5108's standardless delegation of authority to acquire land "for Indians" is an unconstitutional delegation of legislative power. Whether the federal government's control over state land must he categorically exclusive for the Enclave Clause, Art. 17, to prohibit the removal of that land from state jurisdiction. 2) If so, does this de jure discrimination and separate- and-substandard treatment of Indian children violate the Due Process and Equal Protection guarantees of the Fifth and Fourteenth Amendments? Whether federal Indian Law allows utilization of estoppel to determine land status in a finding of tribal jurisdiction over a nonmember. § 1151(a), the term "Indian Country" includes the National Forest land, and the right of way running through the National Forest lands where the alleged criminal conduct occurred, for purpose of federal criminal jurisdiction. 3) Are Native American tribes (specifically the Poarch Band of Creek Indians) considered employers, and why do they not have to abide by the rules and regulations of the Equal Employment Opportunity Commission (EEOC)? High court lets tribe's Massachusetts gambling hall proceed (Boston Herald) 1/8/18.
Questions Presented: 1) Do ICWA Sections 1912(d) and 1912(f) apply in a private severance action initiated by one birth parent against the other birth parent of an Indian child? Whether consideration of land status is required in the affirmation of tribal jurisdiction over a nonmember. 2) What was Congress objective by intentionally omitting abrogating tribal immunity when it affinnatively omitted the exemption from suit for Indian tribes from the definition of employer that was borrowed from Title VII? Back to Top Supreme Court passes on climate change case that drew tribal interest. Treaty tribes stunned as Supreme Court agrees to hear salmon passage case (Indianz) 1/15/18.
Ruling below: Miccosukee Tribe of Indians of Florida v.
The District Court of Appeal, Third District, Luck, J., held that: 1 tribe's limited waiver of sovereign immunity in previous case did not extend beyond that case to subsequent lawsuit involving tribe's conduct over a five-year period, and 2 tribe's waiver of sovereign immunity in four prior lawsuits did not extend to subsequent lawsuit against tribe for malicious prosecution, even though the subsequent case was related and arose out of the same facts. Question Presented: Whether the Indian Gaming Regulatory Act, a statute of general application, impliedly repealed federal statutes that codify state- and tribe-specific agreements giving states regulatory authority over gaming, a question that has divided the courts of appeals.
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The Court of Appeals, Johnsen, J., held that: 1) Indian Child Welfare Act (ICWA) applies to a private termination of parental rights proceeding; 2) ICWA applied to private severance proceeding brought by ex-husband; and 3) evidence was sufficient to support finding that any active efforts to encourage ex-wife to address her drug issues had been successful, as required by ICWA. Related News Articles: ICWA race-based challenge rejected by the Supreme Court (The National Law Review) 11/30/17. Supreme Court asked to weigh Havasu lawyer’s case (Havasu News) 7/20/17.We will, on or before the required filing date, send your petitions or brief filings via first class, certified mail to the court.Furthermore, we provide a cover letter to the court, affidavit of service, a word count certificate, and distribute service copies according to your instructions.We bring remarkable firsthand knowledge to this process, as more than 30 Issues & Appeals attorneys are former Supreme Court clerks.In addition, Issues & Appeals attorneys have taught Supreme Court courses at a variety of law schools, including Stanford, Duke, and Georgetown.
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Aquinnah Wampanaog Tribe scores major win in sovereignty case (Indianz) 4/11/17, Aquinnah Wampanoag Tribe defends right to use land for gaming (Indianz) 12/7/16, Aquinnah Wampanoag Tribe gets court date in gaming lawsuit (Indianz) 10/26/16, Aquinnah Wampanoag Tribe sees support for Class II gaming plan (Indianz) 6/6/16 Question Presented: Whether the Indian Gaming Regulatory Act, a statute of general application, impliedly repealed other federal statutes that specifically subject Indian tribes to state restrictions on gaming, a question that has divided the courts of appeals.