Here are the materials in Perkins v. United States (W.D.N.Y.):
- 9-1 Motion to Dismiss
- 12 Opposition
- 13 Reply
- 14 Magistrate R&R
- 15 US Objections
- 16 Perkins Objections
- 19 US Response
- 20 Perkins Response
- 21 US Reply
- 22 Perkins Reply
- 24 DCT Order
This case presents what appears to be an issue of first impression: whether a treaty between the United States and Native Americans ensuring the free use and enjoyment of tribal land bars taxes on income derived directly from the land—here, the sale of gravel mined on the land. Although at least two circuit courts have suggested in dicta that “income derived directly from the land” might be exempt from taxation under such treaties, they did so to distinguish that scenario from cases where an exemption was sought for income earned in ways that do not relate to the land itself. See Lazore v. Comm’r, 11 F.3d 1180 (3d Cir. 1993); Hoptowit v. Comm’r, 709 F.2d 564 (9th Cir. 1983). This case presents the very issue about which those courts speculated. And for the reasons that follow, this Court agrees with their speculation and finds that the plaintiffs have plausibly stated a claim for relief under two treaties with the Native American Seneca Nation.
Little late on this one, I know….
The National Indian Law Library added new content to the Indian Law Bulletins on 8/4/17.
U.S. Federal Courts Bulletin
Enerplus Resources Corporation v. Wilkinson (Jurisdiction – Settlement Agreements)
Tribal Courts Bulletin
Hoopa Valley Tribe v. Bernardo (Tribal Sovereign Immunity)
Hendricks v. Mashpee Wampanoag Tribe (Elections)
State Courts Bulletin
Wingra Redi-Mix INC. v. Brial Sites Preservation Board (Burial Sites)
Bob S. v. State of Alaska (Indian Child Welfare Act – Termination of Parental Rights)
In the Intergovernmental section, we feature a story about Congressional review of Indian land trust policy.
Law Review & Bar Journal Bulletin
The following articles were added:
Operationalizing free, prior, and informed consent.
Mining for compromise in pastoral Greenland: Promise, progress, and problems in international law’s response to indigenous people.
Citizenship, disenrollment & trauma.
Restoring the Skagit River Delta: Habitat restoration and farmland reclamation on Fir Island.
Riparian rights, navigability, and the Equal Footing Doctrine in Montana.
Form and substance: The National Historic Preservation Act, Badger-Two Medicine, and meaningful consultation.
U.S. Legislation Bulletin
The following bills were added:
H.R.3473: To amend section 520E of the Public Health Service Act to require States and their designees receiving grants for development and implementation of statewide suicide early intervention and prevention strategies to collaborate with each Federally recognized Indian tribe, tribal organization, and urban Indian organization in the state.
H.R.3597: To amend the Coastal Zone Management Act of 1972 to authorize grants to Indian Tribes to further achievement of Tribal coastal zone objectives, and for other purposes.
S.1698: A bill to amend the Internal Revenue Code of 1986 to clarify the treatment of contributions to Alaska Native Settlement Trusts, and for other purposes.
U.S. Regulatory Bulletin
We feature a Department of the Interior notice regarding conveyance of the surface estate in the lands for an Alaska Native village.
Here are the materials in El Paso Natural Gas Co. LLC v. United States (D. Ariz.):
Prior post on this case here.
Planning a Healing to Wellness Court: Inspiration and Vision to Get Started
Tuesday, August 22, 2017 at
12 pm PT/1 pm MT/2 pm CT/3 pm ET (90 minutes)
The Alexander Blewett III School of Law at the University of Montana, the only law school in the state, anticipates hiring one or more full-time, tenured or tenure-track professor(s) beginning in the 2018-2019 academic year to teach Natural Resources/Environmental law courses and direct our Land Use and Natural Resources Clinic and/or to teach Indian law related courses and potentially assist with supervising the Margery Hunter Brown Indian Law Clinic. The selected candidate may also have the opportunity to teach or assist with other courses related to the candidate’s practice area or expertise. We are committed to integrating theory with practice, making substantial practice experience in the areas to be taught particularly valuable. Situated in the recreational center of Western Montana, the law school has a vibrant faculty, a state-of-the-art facility, and a close connection with our students, the bench, and bar. Missoula is home to a wide range of renowned writers, artists, musicians and outdoor enthusiasts, in addition to being a wonderful place to raise a family. We encourage applications from and nominations of women, Native Americans, persons of color, persons with disabilities, veterans, and other individuals from groups historically underrepresented in the legal profession. For more information about the position and to apply, please visit https://umjobs.silkroad.com/. The chair of the Faculty Appointments Committee, Professor Andrew King-Ries, can be reached at email@example.com.
The National American Indian Court Judges Association (NAICJA) requests nominations for its judicial awards. There are four (4) NAICJA awards: the Lifetime Achievement Award, the Judicial Excellence Award, the Court Support Excellence Award and the Outstanding Service Award.