Native American Law Report articles from August 2005

Native American Law Report archives from August 2005

Bush admin. makes another request for new judge in Indian trusts lawsuit.(George W. Bush)
August 1, 2005... The Department of Interior filed a motion Aug. 15 to remove U.S. District Judge Royce Lamberth from overseeing proceedings in the nine-year old Cobell Indian Trust management litigation. This marks the second time the Bush administration has...

Former lobbyist goes to court on casino boat fraud charges.(Jack Abramoff)
August 1, 2005... Former lobbyist Jack Abramoff appeared before a U.S. Magistrate Court in Miami Aug. 18 on wire and mail fraud charges involving his purchase of a SunCruz Casinos boat. A federal grand jury in Fort Lauderdale, Fla., had indicted him Aug. 11. ...

Tribal employees immune from personal liability.(Chayoon v. Sherlock)
August 1, 2005... Chayoon v. Sherlock Appellate Court of Connecticut, No. AC 25450 (June 28, 2005) A Connecticut court has ruled that non-Indian employees of a tribal enterprise were personally immune from suit for acts performed within the scope of their...

Native Hawaiian school policy struck down.(Doe v. Kamehameha Schools )
August 1, 2005... Doe v. Kamehameha Schools U.S. Court of Appeals, 9th Cir., No.04-15044 (August 2, 2005) A federal appeals court has ruled that a private school, accepting no federal funding, could not restrict admissions to individuals with aboriginal...

Tribal officers allowed to seize weapon.(United States v. Green )
August 1, 2005... United States v. Green U.S. Court of Appeals, Tenth Circuit, No. 04-5166 (July 29, 2005) A federal appeals court has ruled that although tribal officers lack authority to arrest non-Indians for federal criminal offenses, they are entitled...

Land claim settlement waived immunity.(Kitras v. Town of Aquinnah)
August 1, 2005... Kitras v. Town of Aquinnah Appeals Court of Massachusetts, No. 04-P-472 (August 18, 2005) A Massachusetts court has ruled that a land claim settlement waived tribal sovereign immunity with regard to the land. An easement action could...

Appeals court addresses child custody jurisdiction.(Doe v. Mann)
August 1, 2005... Doe v. Mann U.S. Court of Appeals, 9th Cir., No. 04-15477 (July 19, 2005) A federal appeals court has ruled that tribal courts do not have exclusive jurisdiction over custody proceedings involving Indian children domiciled on reservations....

Casino developer sues tribe in state court.(Tunica-Biloxi Tribe of Louisiana v. Warburton/Buttner )
August 1, 2005... Tunica-Biloxi Tribe of Louisiana v. Warburton/Buttner U.S. District Court, D.D.C., No. 04-1516 (July 20, 2005) A federal district court has ruled that a casino development company could sue an Indian tribe in state court for breach of...

Tribal tax passed through to non-member utility customers.(Willman v. Washington Utilities and Transportation Commission)
August 1, 2005... Willman v. Washington Utilities and Transportation Commission Supreme Court of Washington, No. 75821-2 (August 11, 2005) The Washington Supreme Court has ruled that utilities could pass a tribal tax through to all customers on a...

Municipal casino agreement not subject to citizen repeal.(Worthington v. City Council of the City of Rohnert Park )
August 1, 2005... Worthington v. City Council of the City of Rohnert Park Court of Appeal of California, 1st Dist., No. A107547 (June 30, 2005) A California court has ruled that a municipality's agreement to not oppose development of an Indian gaming...

Indian gaming.(updated regulations)(Brief Article)
August 1, 2005... INDIAN GAMING. Revisions have been issued for the Minimum Internal Control Standards for Indian gaming to "clarify, improve and update" provisions, according to the National Indian Gaming Commission. The new rules set a Dec. 12 compliance...

Gaming compact.(Native American gaming)(Brief Article)
August 1, 2005... GAMING COMPACT. A tribal-state compact has been approved between the state of Oklahoma and the Apache Tribe to engage in gaming activities. See the June 23 Federal Register, p. 36407. Contact: George Skibine, Office of Indian Gaming Management,...

Public lands.(Briefly Noted)(Brief Article)
August 1, 2005... PUBLIC LANDS. Regulations have been revised, effective July 14, governing proceeds from public lands withdrawn for Native selection under the Alaska Native Claims Settlement Act. See the July 14 Federal Register, p. 40660. Contact: Bureau of...

Guide to Indian country.(Briefly Noted)(Brief Article)
August 1, 2005... GUIDE TO INDIAN COUNTRY. The 2005 edition of Tiller's Guide to Indian Country, an economic reference source with information on 562 tribes in 33 states, is now available. The 1,218-page guide includes data on location, land status,...