2018 TICA/ILPC Conference Nov. 14-16: Agenda and Registration

The time has come yet again! The best conference around, held in beautiful East Lansing, Michigan during the best time of year, is now accepting registrations!

The conference page is here, which includes the agenda and a link to registration. TICA’s website is here.

In addition to two days of excellent presentations, this we have applied for CLE credits, including ethics and elimination of bias credits.  Also new this year is a bonus Title IV-E Families First panel on Wednesday, along with an in-house ICWA attorney meeting. Also on Wednesday is an open house/meet and greet for for tribes to recruit summer legal interns, and our welcome reception. Check out the agenda for details.

Our artist this year is Peter Boome.

Sponsors already include: Kewenvoyouma Law PLLC, Kogovsek & Associates, Hogen Adams, PLLC, Kilpatrick, Townsend & Stockton LLP, Woodsum Drummond, Sonosky, Chambers, Sachse, Endreson & Perry LLP, Fredericks Peebles & Morgan LLP, and Casey Family Programs. If you are interested in sponsoring a panel (or three), contact Kate Fort or Doreen McPaul (fort@law.msu.edu or Doreen.McPaul@pascuayaqui-nsn.gov). We absolutely cannot do the conference without these donations, and we are very thankful for them.

Follow us here, on Twitter, and especially on Instagram for updates, and additional acknowledgments of our sponsors! We are @ilpc_turtletalk

Posted in Announcements, Author: Kate E. Fort, Research | Tagged , , , , , ,

ILPC/TICA Conference November 15-16: Seventh Panel

Join us this week, November 15-16, 2018 at the ILPC/TICA Conference for an expert discussion on Litigating Difficult ICWA Cases. Register and come visit us on the banks of the Red Cedar!

Panel Promos FINAL_07

Fulfill CLE credits including 10 standard, 1.5 ethics, 1 elimination of bias.

This panel is sponsored by:

rothstein donatelli.jpg

Dentons_Logo_Purple_RGB_150.jpg

Cherokee Nation

Posted in Research | Leave a comment

Student Scholarship on the Allergan/Mohawk Case

Seth W. R. Brickey has published “Rent-A-Tribe: Using Tribal Immunity to Shield Patents from Administrative Review” in the Washington Law Review.

Here is the abstract:

 In 2017, Allergan Pharmaceuticals entered into an agreement with the Saint Regis Mohawk Tribe (SRMT). Allergan agreed to assign several patents to SRMT and to pay an initial sum of $13.75 million and annual royalties of approximately $15 million. SRMT, in exchange, licensed the rights to use the patents back to Allergan and agreed not to  waive its tribal immunity in any administrative proceeding challenging the patents. Two outcomes were expected as a result of this Allergan-Mohawk agreement. First, Allergan would retain the rights to manufacture and market a highly profitable drug while insulating the underlying patents from an unforgiving administrative inter partes review (IPR). Second, SRMT would embark on a new business venture of collecting and relicensing patents from third parties, effectively “renting out” its sovereign immunity. The response from lawmakers, the judiciary, the executive branch, and the public at large was acrimonious. The agreement was branded in public forums as a “sham” and the Patent Trial and Appeal Board held the patents assigned to SRMT were not shielded by tribal immunity. This Comment argues the Allergan-Mohawk agreement is a legally effective means of avoiding IPR. Absent an express waiver of tribal immunity by Congress or the tribe itself, a tribe may not be subject to a private claim. This rule extends to IPR proceedings which closely parallel private suits. Therefore, contracts like the Allergan-Mohawk agreement effectively shield patents from IPR.

Posted in Author: Matthew L.M. Fletcher, economic development, Scholarship, sovereign immunity | Tagged , , | Leave a comment

Federal Court Dismisses Challenge to Duckwater Shoshone Tribe Election

Here are the materials in Thompson v. United States (D. Nev.):

6 Complaint

10 Tribal Defendants MTD

13 Amended Tribal MTD

20 DCT Order Dismissing US

26 Motion for Reconsideration

28 DCT Order

Posted in Author: Matthew L.M. Fletcher, Research, tribal courts, tribal election | Tagged , , , | Leave a comment

Ninth Circuit Briefs in Begay v. Office of Navajo and Hopi Relocation

Here:

Opening Brief

Answering Brief

Lower court materials in Begay v. Office of Navajo and Hopi Relocation (D. Ariz.) here:

1 Complaint

44 Begay MSJ

58 US Response

60 Begay Reply

64 US Reply

66 DCT Order

Posted in Author: Matthew L.M. Fletcher, Research | Tagged , , | Leave a comment

Bob Anderson on Indigenous Rights to Water and Environmental Protection

Robert T. Anderson has published Indigenous Rights to Water & Environmental Protection in the Harvard Civil rights-Civil Liberties Law Journal.

an excerpt:

This article examines the rights of Indian nations in the United States to adequate water supplies and environmental protection for their land and associated resources. Part I of this article provides a brief background on the history of federal-tribal relations and the source and scope of federal obligations to protect tribal resources. Part II reviews the source and nature of the federal government’s moral and legal obligations to Indian tribes, which are generally referred to as the trust responsibility. Indian reserved water rights and the difficulty tribes experience in protecting habitat needed for healthy treaty resources is discussed in Part III. Part IV reviews the Dakota Access Pipeline controversy and the shortcomings of federal law in protecting tribal reservations and resources. Part V concludes with recommendations for enhanced and improved access to justice as well as substantive changes in the law to advance environmental protection for Indian tribes in the United States.

Posted in Author: Matthew L.M. Fletcher, cultural resources, Environmental, Scholarship, water rights | Tagged , , , | Leave a comment

ILPC/TICA Conference November 15-16: Seventh Panel

Join us November 15-16, 2018 for the ILPC/TICA Conference for an expert discussion on Litigating Difficult ICWA Cases. Don’t forget Pre-Conference activities on November 14!  Register and come visit us on the banks of the Red Cedar!

Panel Promos FINAL_07

Fulfill CLE credits including 10 standard, 1.5 ethics, 1 elimination of bias.

This panel is sponsored by:

rothstein donatelli.jpg

Dentons_Logo_Purple_RGB_150.jpg

Cherokee Nation

Posted in Research | Leave a comment

Federal Court Orders Tribal Exhaustion in Property Dispute

Here are the new materials in Watterson v. Fritcher (E.D. Cal.):

28 Response to Order to Show Cause

30 DCT Order

Prior post here.

Posted in Author: Matthew L.M. Fletcher, Research, tribal courts | Tagged , , , | Leave a comment

Ninth Circuit Affirms Order Requiring Exhaustion over Tribal Seizure of Truck

Here is the opinion in Wilson v. Horton’s Towing.

Briefs:

Wilson Opening Brief

US Answer Brief

Appellee Brief

Reply

Lower court materials here.

Posted in Author: Matthew L.M. Fletcher, Research, tribal courts | Tagged , , , , , , | Leave a comment

Federal Court Refuses to Shorten Sentence of Indian Convicted of Assaulting Tribal/Federal Officer

Here are the materials in United States v. Thunder Shield (D.S.D.):

45 Motion for Clarification

46 Motion for Mandamus or Habeas Relief

48 US Response

51 Reply

52 DCt Order

Posted in Author: Matthew L.M. Fletcher, Criminal, Research | Tagged , , | Leave a comment

National Indian Law Library Bulletin (11/7/2018)

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 11/7/18.

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article) 
https://www.narf.org/nill/bulletins/lawreviews/2018.html
Reading Indian law: Evaluating thirty years of Indian law scholarship.
Rent-A-Tribe: Using tribal immunity to shield patents from administrative review.

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2018.html
Matter of Contested Case Hearing Re Conservation District Use Application HA-3568 (Native Hawaiian Traditional and Customary Rights; Telescope)

Tribal Courts Bulletin
http://www.narf.org/nill/bulletins/tribal/2018.html
In re Effect of Cherokee Nation v. Nash (Standing) 
Eastern Band of Cherokee Indians v. Martinez (Criminal Jurisdiction)
Drabik v. Mohegan Tribe of Indians of Connecticut (Tribal Historic Preservation Offices, Attorney Client Privilege) 

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
In the Voting section, we feature several articles about the mid-term elections.

Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2018.html
We feature a Presidential proclamation on National Native American Heritage Month.

Posted in Author: Matthew L.M. Fletcher, Research | Tagged | Leave a comment