The question is whether Congress abrogated tribal immunity from suits for “dram shop” liability when it enacted 18 USC 1161. Plaintiffs in several states have argued that it did, relying on the statute and the Supreme Court’s opinion in Rice v. Rehner. Until yesterday, no appellate court had agreed with that argument. The appeals courts [...]
Today in the Cobell case, Judge Robertson issued his findings of fact and conclusions of law on the government’s “accounting.” The document is available here.
Here’s the story from Indianz.Com
Judge: Cobell historical accounting ‘impossible’
Wednesday, January 30, 2008
Filed Under: Cobell
The federal judge handling the Cobell trust fund case has issued his
findings of fact and conclusions of law [...]
It seems that DOJ is looking to add to their group of lawyers defending the tribal trust fund mismanagement cases. The posting specifically says that the new hire will be working primarily on trust fund mismanagement cases.
***
ATTORNEY VACANCY ANNOUNCEMENT
U.S. DEPARTMENT OF JUSTICE
ENVIRONMENT AND NATURAL RESOURCES DIVISION
NATURAL RESOURCES SECTION
GS-12/15
OPEN: JANUARY 7, 2008
CLOSE: FEBRUARY 1, 2008
VACANCY ANNOUNCEMENT [...]
THE WINTERS CENTENNIAL:
WILL ITS COMMITMENT TO JUSTICE ENDURE?
June 9-12, 2008
Hyatt Regency Tamaya — Santa Ana Pueblo, New Mexico
The year 2008 marks the centennial of Winters v. United States, in which the Court formulated the reserved water rights doctrine now broadly asserted by Indian tribes and federal agencies. The decision, because of its enduring [...]
The Plaintiff has petitioned the State Supreme Court for review.
I don’t have a copy of the Plaintiff’s new petition (assuming there is one), but the petition she filed in October of 2006 is posted in the first message in this thread. The Tribe’s Answer to the Petition for Review (filed in mid-December) is available here.
Our previous posts [...]
On December 7, 2007, the St Croix Tribe of Chippewa filed a suit against Dirk Kempthorne and Carl Artman. The Tribe has been working with the Bad River Chippewa and the City of Beloit (Wisconsin) to develop a casino in the city (which is not located within either Tribe’s reservation). The suit alleges that DOI [...]
