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Anthony T., a Minor
Minor's placement in foster care with Indian family is not within reasonable proximity to child's home because it would cause geographic barrier to visitation with mother.
Native American Affairs Aug. 23, 2012
H.R., a Minor
In absence of finding that tribal customary adoption would be detrimental to child, juvenile court must select such adoption as permanent plan.
Native American Affairs Aug. 22, 2012
Cook Inlet Region Inc. v. Rude
Federal court has jurisdiction over claim alleging that solicitation materials violated state law incorporated into Alaska Native Claims Settlement Act.
Native American Affairs Aug. 21, 2012
W.B., a Minor
Placement of Indian child outside of family home based on child’s delinquent conduct is not subject to Indian Child Welfare Act procedures.
Native American Affairs Aug. 7, 2012
C.Y., a Minor
Agency has no duty to conduct further inquiry into child’s Indian ancestry where Mother, who was adopted, could not provide basis for Indian heritage claim.
Native American Affairs Aug. 2, 2012
Native Village of Eyak v. Locke
Alaskan native villages fail to establish aboriginal fishing rights in Alaska's Outer Continental Shelf where there is no evidence of tribe's exclusive control over area.
Native American Affairs Aug. 1, 2012
Salazar v. Ramah Navajo Chapter
Government must fully pay Tribes’ contract support costs when Congress appropriated sufficient funds to pay individual costs, but not enough to cover aggregate amount due every contractor.
Native American Affairs Jun. 18, 2012
Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak
Challenge to government's title in tribal land is not barred by sovereign immunity where plaintiff sought no personal interest in real property.
Native American Affairs Jun. 18, 2012
Gabriel G., a Minor
Juvenile court fails to ensure compliance with Indian Child Welfare Act where child was eligible for membership in Indian tribe and tribe was not provided notice.
Native American Affairs Jun. 12, 2012
Salt River Project Agricultural Improvement and Power District v. Lee
Tribe is not necessary party in lawsuit against tribal officials where officials would adequately represent tribe’s interests and complete relief could be accorded.
Native American Affairs May 29, 2012
J.M., a Minor
Indian Child Welfare Act notices do not require inclusion of information about child’s great-great-grandparents.
Native American Affairs May 24, 2012
American Property Management Corp. v. Superior Court (U.S. Grant Hotel Ventures LLC)
Entity created by Indian tribe under California law, rather than tribal law, is not protected by tribal sovereign immunity
Native American Affairs May 24, 2012
A.G., a Minor
Agency's failure to include information about relatives in notice to tribes as required by Indian Child Welfare Act requires reversal of order terminating parental rights.
Native American Affairs Apr. 23, 2012
A.G., a Minor
Agency's failure to include information about relatives in notice to tribes as required by Indian Child Welfare Act requires reversal of order terminating parental rights.
Native American Affairs Apr. 17, 2012
Oklevueha Native American Church of Hawaii Inc. v. Holder
Church may bring pre-enforcement claim over its religious use of marijuana where there is genuine threat of imminent prosecution under Controlled Substances Act.
Native American Affairs Apr. 9, 2012
U.S. v. Wilbur
Cigarette retailers do not violate Contraband Cigarette Trafficking Act during period where they were licensed Indian retailers because state cigarette tax did not apply to them.
Native American Affairs Apr. 8, 2012
Salt River Project Agricultural Improvement and Power District v. Lee
Tribe is not necessary party in lawsuit against tribal officials where officials would adequately represent tribe’s interests and complete relief could be accorded.
Native American Affairs Mar. 15, 2012
Miranda v. Braatz
Tribal courts may impose up to one-year term of imprisonment for each discrete criminal violation even though crimes arose out of single transaction.
Native American Affairs Feb. 7, 2012
U.S. v. Juvenile Male
Overwhelming proof of tribal recognition, including blood and tribal enrollment, outweighs juvenile’s claim disputing his Indian status due to lack of social recognition.
Native American Affairs Jan. 23, 2012
The Yavapai-Apache Nation v. Iipay Nation of Santa Ysabel
California jurisdiction exists under amendment to loan agreement, under which tribe expressly waived sovereign immunity and allowed court resolution of disputes.
Native American Affairs Nov. 30, 2011
U.S. v. LaBuff
Government proves defendant’s Indian status beyond reasonable doubt by showing that defendant received benefits that were reserved only to Indians.
Native American Affairs Oct. 13, 2011
Confederated Tribes and Bands of the Yakama Indian Nation v. Gregoire
Washington cigarette tax requiring Indian tribe to collect tax from non-Indian purchasers is valid because 'legal incidence' of tax does not fall on tribe.
Native American Affairs Sep. 25, 2011
Miranda v. Braatz
Tribal courts may impose up to one-year term of imprisonment for each discrete criminal violation even though crimes arose out of single transaction.
Native American Affairs Aug. 18, 2011
Blue Lake Rancheria v. United States
Tribe’s business of leasing employees to businesses functions as 'common-law employer,' entitling tribe to exemption from paying federal unemployment taxes.
Native American Affairs Aug. 12, 2011
People ex rel. Harris v. Black Hawk Tobacco Inc.
Court properly issues preliminary injunction enjoining sales of cigarettes to non-Indians on trust lands held by federally-recognized tribe.
Native American Affairs Aug. 9, 2011
California Parking Services Inc. v. Soboba Band of Luiseno Indians
Arbitration clause does not waive Indian tribe's sovereign immunity because clause excluded rule providing consent to court jurisdiction.
Native American Affairs Jul. 21, 2011
U.S. v. Jicarilla Apache Nation
Fiduciary exception to attorney-client privilege is inapplicable to trust relationship between United States and tribe established and governed by statute.
Native American Affairs Jun. 13, 2011
Water Wheel Camp Recreational Area Inc. v. LaRance
Tribe’s status as landowner supports jurisdiction over non-Indian corporation’s conduct on tribal land, which interfered directly with tribe’s inherent power to exclude.
Native American Affairs Jun. 12, 2011
Blatchford v. The Alaska Native Tribal Health Consortium
Health care provider may only recover costs from third parties, not treated individuals, under Indian Health Care Improvement Act.
Native American Affairs May 20, 2011
Z.W., a Minor
Mother forfeits claims concerning defects to contents of final Indian Child Welfare Act notices after having multiple opportunities to correct deficiencies.
Native American Affairs Apr. 7, 2011