WSJ: “Trump’s Pick to Run Indian Health Service, Cited for Business Savvy, Had Financial Struggles”

Here.

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

Ninth Circuit Briefing in A.D. v. Washburn (Tahsuda)(Goldwater Case)

This is the appeal of the dismissal of the case in the federal District of Arizona purporting to represent all Native children in foster care in Arizona and their non-Indian foster parents or adoptive placements. The Goldwater Institute appealed the dismissal ot the Ninth Circuit.

20_Opening Brief_09-01-2017

40_AZResponse

41_GilaNavajoResponse

42_USResponse

53 – Goldwater Reply Brief

 

 

 

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , , , , | Leave a comment

TICA/MSU ILPC Call for Papers (Feb. 28, 2018 Deadline)

Here (PDF):

TICA Call for Papers 2018_Page_1TICA Call for Papers 2018_Page_2

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

ILPC/TICA Call for Artists — 2018 Conference (Nov. 15-16, 2018) — Feb. 28, 2018 Deadline

Links: Previous art used, 2017 Call for Presentations

If anyone would be interested in providing art for the poster and promotional materials for the TICA-ILPC Conference (coming up October 26-27! We’re going to have CLEs!), we would love to hear about it.

We use a painting and we pay the artist for the use of the work.

We print large posters of the art with the conference text and give them as gifts to attendees and presenters. It is also helpful if we are able to receive a high res scan of the work.

The deadline is Thursday, February 28th, 2018.

Please email indigenous@law.msu.edu with suggestions.

 

Posted in Author: Sarah Donnelly, TICA | Tagged | Leave a comment

Draft Guidance on the Native American Children’s Safety Act

Here is the Dear Tribal Leader letter, the guidance, and the request for comments on it:  Draft Guidance for NACSA

This bill and guidance puts certain requirements on tribes, tribal courts, and tribal social service agencies regarding foster care placements and background checks. There have been concerns about the feasibility of the requirements, primarily related to tribal access to individual state databases for the required checks. Here are the important listening session and comment dates (I have to assume that’s March 16, 2018, not 2017 for the written comment deadline):

Posted in Author: Kate E. Fort, Child Welfare, tribal courts | Tagged , , , | Leave a comment

Law360 on ICWA and Recent Legal Challenges

Here.

Fort says that a spate of suits involving the Goldwater Institute, while so far unsuccessful in winning a hearing by the U.S. Supreme Court, are diverting tribes’ resources into lawsuits and rehashing old arguments about the constitutionality of the law and the right of tribes to govern their members.

“I don’t think that any of that is to the benefit of American Indian kids or families,” Fort said.

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , | Leave a comment

Federal Court Dismisses Challenge to Tribal Court Marriage Dissolution Proceeding

Here are the materials in LaForge v. Gets Down (D. Mont.):

12 Morton Motion to Dismiss

21 Tribal Judges Motion to Dismiss

26 Order to Show Cause

27 Morton Response

28 Tribal Judges Response

29 LaForge Brief

30 Magistrate Report

31 Tribal Judges Objection

33 DCT Order

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

Ninth Circuit Briefs in Skokomish Indian Tribe v. Forsman

Here:

Skokomish Opening Brief

Forsman Answer Brief

Skallam Tribes Amicus Brief

Lower court materials here.

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

Ninth Circuit Briefs in Protect Our Communities Foundation v. Loudermilk

Here:

Protect Our Communities Opening Brief

Federal Answer Brief

Tribe Answer Brief

Lower court materials here.

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

Turtle Talk Indian Law News: Criminal Justice

Criminal injustice. Police officers who flocked to Standing Rock to crush Indian protesters are giving each other awards. An all-white jury acquitted of murder a white farmer in Saskatchewan who shot and killed a young aboriginal man with car trouble who was asking for help. Oklahoma appeals Tenth Circuit decision affirming reservation boundaries because it wants to execute a tribal member. Muscogee (Creek) Nation police chief estimates tribe will need at least 200 more police officers as a result of the decision. A new short article for practitioners on practicing criminal law in tribal courts.

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