Native American Law Report articles from February 2005

Native American Law Report archives from February 2005

Not a full month.(Slants & Trends)(Native Hawaiian Government Reorganization Act )(Brief Article)
February 1, 2005... NOT A FULL MONTH into the new year, all four of Hawaii's lawmakers have sponsored legislation aiming to bring parity between federal policies on Native Hawaiians and on Native Americans and Alaska Natives. Called the Native Hawaiian...

A U.S. district judge.(Slants & Trends)(Royce Lamberth)(Brief Article)
February 1, 2005... A U.S. DISTRICT JUDGE once again has scolded officials at the Interior Department for not immediately resuming the disbursements of trust account payments to accountholders last fall. In September, federal Judge Royce Lamberth forbade the...

Native Hawaiian equal protection case could get hearing by supreme court.(Federal Recognition)
February 1, 2005... If the Supreme Court is willing, a group of native Hawaiians may get another chance to present their case for why the exclusion of indigenous Hawaiians from the federal tribal recognition process is unconstitutional and unjust. The native...

Native Hawaiian legislation.(Native Hawaiian Government Reorganization Act)(Brief Article)
February 1, 2005... Hawaii Sens. Daniel Akaka (D) and Daniel Inouye (D) have sponsored the latest version of the Native Hawaiian Government Reorganization Act to clarify the legal and political relationship between the United States and native Hawaiians. "The...

Supreme court declines to hear cases on coal lease, IGRA constitutionality.(Denial of Certiorari)(Indian Gaming Regulatory Act )(Brief Article)
February 1, 2005... Peabody Coal Company's lawsuit against the Navajo Nation over a royalty agreement in the 1980s will not get a hearing by the Supreme Court, now that the court has denied the company's petition for certiorari. The court rejected the petition...

Montana County appeals to high court on Indian voting rights violations.(Voting Rights)
February 1, 2005... Native Americans residing in north central Montana may continue to face constraints against participating in their local government, if the Supreme Court decides to take on a case involving a county government's voting procedures. The...

Contractor seeks supreme court ruling against state protection of 'Sacred' land.(Sacred Sites)
February 1, 2005... The question of whether state governments are limited in protecting lands "sacred" to American Indians may be decided if the U.S. Supreme Court agrees to hear an Arizona case involving the safeguarding of an ancient historic site. Cholla...

Court addresses definition of 'Indian' in recent Montana assault case.(Indian Case Law Abstracts)
February 1, 2005... United States v. Bruce U.S. Court of Appeals, 9th Cir., No. 03-30171 (January 13, 2005) A federal appeals court has ruled that while enrollment in a federally recognized tribe is one way of proving one is an Indian, it is not the...

Tribal court lacked jurisdiction in liability suit over ford vehicle.(Indian Case Law Abstract)
February 1, 2005... Ford Motor Company v. Todecheene U.S. Court of Appeals, 9th Cir., No. 02-17048 (January 11, 2005) A federal appeals court has ruled that a tribal court lacked jurisdiction to hear a product liability suit arising out of the death...

State permitted to tax fee property, determine taxable property on Rez.(Indian Case Law Abstracts)
February 1, 2005... Cogger v. County of Becker Supreme Court of Minnesota, No. A04-713 (January 20, 2005) The Minnesota Supreme Court has ruled that the state not only had the power to tax fee property within an Indian reservation, but also to define...

Federal mortgage foreclosure action not a tribal matter, court rules.(Indian Case Law Abstracts)
February 1, 2005... United States v. American Horse U.S. District Court, D. N.D., No. A1-04-73 (January 11, 2005) A federal district court has ruled that a government mortgage foreclosure action on a house located on a reservation did not involve...

Despite immunity from state lawsuit, tribe responsible for 'negligence'.(Indian Case Law Abstracts)
February 1, 2005... Humes v. Fritz Companies, Inc. Court of Appeals of Washington, Div. 1, No. 53349-5-I (January 31, 2005) A Washington state court has ruled that while an Indian tribe was immune from liability for negligence, fault could be...

Federal admissibility of evidence not restricted by tribal law.(Indian Case Law Abstracts)
February 1, 2005... United States v. Becerra-Garcia U.S. Court of Appeals, 9th Cir., No. 03-10654 (February 2, 2005) A federal appeals court has ruled that while tribal rangers exceeded their authority under tribal law when stopping a vehicle, the...

State remedial efforts 'adequate' under Indian Child Welfare Act.(Indian Case Law Abstracts)
February 1, 2005... In the Matter of A.N and M.N. Supreme Court of Montana, No. 04-364 (February 1, 2005) The Montana Supreme Court has ruled that the state had made adequate family reunification efforts under the Indian Child Welfare Act (ICWA). The...

Federal court denies judicial notice for commission's 'findings of fact'.(Indian Case Law Abstracts)
February 1, 2005... Timpanogos Tribe v. Conway U.S. District Court, D. Utah, No. 2:00-CV-734 (January 25, 2005) A federal district court has refused to take judicial notice of findings of fact by the Indian Claims Commission (ICC), saying the factual...

Lobby firm reaches agreement with tribe over casino scandal.(Negotiation)(Brief Article)
February 1, 2005... A Miami-based lobby firm has reached an agreement with a Texas tribe over a scandal involving a tribe-owned casino. Jack Abramoff and Michael Scanlon, both prominent players in the scandal, collected millions of dollars of profit by...

Navajo Nation bans methamphetamine in crackdown on tribal drug abuse.(Drug Ban)(Brief Article)
February 1, 2005... The Navajo Nation has passed a resolution banning the use of methamphetamines on tribal grounds. The methamphetamine stimulant has proven problematic for the Navajo Nation, which includes 200,000 Indians spread across Arizona, New Mexico...

Utility company seeks to dismiss case by Oregon tribe over salmon damage.(Dismissal)(Brief Article)
February 1, 2005... An Oregon-based utility company is asking a district court to dismiss a $1 billion lawsuit filed against it by an Oregon tribe, on the grounds that the complaint was filed too late. The Klamath Tribe is suing PacifiCorp for damages to...