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Name Category Published
Wapato Heritage LLC v. United States of America
Agency that administers Native American land does not become party to lease by virtue of its limited authority to approve lease on behalf of landowners.
Native American Affairs Mar. 23, 2011
Paiute-Shoshone Indians of the Bishop Community of the Bishop Colony, California v. City of Los Angeles
Tribe’s action against City challenging United State’s transfer of land is properly dismissed because United States cannot feasibly be joined in action.
Native American Affairs Mar. 15, 2011
D.W., a Minor
Notice sent to tribes under Indian Child Welfare Act is adequate despite misspelling of child's paternal grandmother's first name.
Native American Affairs Mar. 10, 2011
Jack C., a Minor
Court's failure to defer to Indian tribe's determination that child was ‘Indian child’ is not good cause to deny transfer to tribal court.
Native American Affairs Feb. 16, 2011
Madison County v. Oneida Indian Nation of New York
Second Circuit must revisit ruling on sovereign immunity in light of tribe's ordinance waiving sovereign immunity to property taxation through foreclosure by government.
Native American Affairs Jan. 10, 2011
Lyon v. Gila River Indian Community (In re Schugg)
U.S. is not indispensable party in dispute between Indian tribe and trustee of bankruptcy estate over right to parcel surrounded by reservation.
Native American Affairs Nov. 25, 2010
U.S. v. Gallaher
Federal Death Penalty Act does not impose statute of limitation for first-degree murder, regardless of death penalty availability.
Native American Affairs Oct. 26, 2010
Jonah D., a Minor
Juvenile court has no reason to believe child has Indian ancestry based on vague and speculative information provided by grandparent.
Native American Affairs Oct. 12, 2010
Nisqually Indian Tribe v. Gregoire
Tribe has no private right of action to challenge agreement governing taxation of cigarettes at parcels held in trust for individual Indians.
Native American Affairs Oct. 4, 2010
Cachil Dehe Band of Wintun Indians of the Colusa Indian Community v. State of California
Calculation of license pool under Indian Gaming Regulatory Act must consider gaming machines applied to each eligible tribe.
Native American Affairs Aug. 23, 2010
Skyler H., a Minor
Notice is not required under Indian Child Welfare Act where totality of family circumstances indicates low probability that child is Indian child.
Native American Affairs Jul. 29, 2010
Te-Moak Tribe of Western Shoshone of Nevada v. United States Dept. of the Interior
Bureau of Land Management’s environmental assessment is flawed because it does not take 'hard look' at environmental impact on tribe’s cultural resources.
Native American Affairs Jun. 21, 2010
U.S. v. Gallaher
Federal Death Penalty Act does not impose statute of limitation for first-degree murder, regardless of death penalty availability.
Native American Affairs Jun. 3, 2010
United States v. Confederated Tribes of the Colville Indian Reservation
Based on their representatives’ purported understanding of 1800s agreements, Native American tribes share non-exclusive fishing rights at Pacific Northwest fishery.
Native American Affairs May 28, 2010
U.S. v. Gallaher
Federal Death Penalty Act does not impose statute of limitation for first-degree murder, regardless of death penalty availability.
Native American Affairs May 19, 2010
Evans v. United States Dept. of Interior
Tribe may not intervene in tribal recognition proceedings where potential recognition would not effect intervening tribe's rights.
Native American Affairs May 14, 2010
Eagle v. Yerington Paiute Tribe
Indian status is not an essential element of tribal misdemeanor child abuse offense.
Native American Affairs May 10, 2010
Rincon Band of Luiseno Mission Indians of the Rincon Reservation v. Schwarzenegger
California negotiates in bad faith by conditioning agreement to expand tribal gaming rights on percentage payment of revenue into State general fund.
Native American Affairs Apr. 21, 2010
Parchester Village Neighborhood Council v. City of Richmond
Tribe’s casino plan is not City ‘project’ under California Environmental Quality Act where City has no regulatory authority over casino’s proposed site.
Native American Affairs Mar. 29, 2010
Jeffredo v. Macarro
Disenrollment of tribal member status does not qualify as detention under Indian Civil Rights Act.
Native American Affairs Mar. 22, 2010
M.B., a Minor
Indian expert need not interview parents unless behavior patterns must be placed in context of Indian culture to determine likeliness of serious harm.
Native American Affairs Mar. 22, 2010
U.S. v. Maggi
Court improperly convicts two defendants under Major Crimes Act after it erroneously establishes that they had Indian status.
Native American Affairs Mar. 16, 2010
Opinion of Brown
Hiring preference provisions in Tribal Employment Rights Ordinances are not discriminatory for highway construction projects running through Indian land.
Native American Affairs Mar. 9, 2010
Mike v. Franchise Tax Board
State may impose tax on income received by tribe member from her tribe's reservation activities when member resides different tribe's reservation.
Native American Affairs Mar. 7, 2010
U.S. v. Other Medicine
Native American properly charged with state felony child abuse law under Major Crimes Act because no adequate federal law existed.
Native American Affairs Feb. 28, 2010
Parchester Village Neighborhood Council v. City of Richmond
Tribe’s casino plan is not City ‘project’ under California Environmental Quality Act where City has no regulatory authority over casino’s proposed site.
Native American Affairs Feb. 25, 2010
W.B., a Minor
Court does not violate Indian Child Welfare Act where minor committed act that would be crime if committed by adult.
Native American Affairs Feb. 23, 2010
Noreen G., a Minor
Court must examine whether minors are Indian children before declaring them free from parents to ensure Indian Child Welfare Act compliance.
Native American Affairs Feb. 11, 2010
U.S. v. State of Washington
Indian tribe that was denied treaty rights cannot reopen judgment based merely on newfound federal recognition.
Native American Affairs Jan. 28, 2010
Z.N., a Minor
Court takes judicial notice of tribal notices from child's half siblings' cases in finding compliance with notice mandates of Indian Child Welfare Act.
Native American Affairs Jan. 25, 2010