Native American Law Report articles from January 2005

Native American Law Report archives from January 2005

Staying true to his dedication.(Slants & Trends)(Sen. Ben Nighthorse Campbell)(Brief Article)
January 1, 2005... STAYING TRUE TO HIS DEDICATION to Indian politics, former Sen. Ben Nighthorse Campbell, has become senior policy advisor to the Washington, D.C., law firm Holland & Knight. He will be serving in the firm's Government Section. Campbell...

In the wake of the tsunami.(Brief Article)
January 1, 2005... IN THE WAKE OF THE TSUNAMI disaster in South Asia that killed almost 150,000 people, American Indian gaming tribes have taken steps to assist relief efforts in the area. The Rumsey Band of Wintun Indians and the United Auburn Indian...

Real estate developer.(Brief Article)
January 1, 2005... REAL ESTATE DEVELOPER Donald Trump is suing an entertainment project development company, saying the company falsely represented itself to the Seminole Tribe of Florida as associates of the billionaire before closing on a deal to build...

High court justices question attorneys on jurisdictional consequences of tax.(Indian Taxation)
January 1, 2005... Indian tribes across the country await a U.S. Supreme Court ruling on whether ancient tribal lands, recently reacquired by tribes, still maintain their tax-exempt status or whether the lands are subject to state and local property taxes. ...

Tribe, state agree on cigarette taxation; fellow tribes to follow in footsteps.(Taxation)(Brief Article)
January 1, 2005... Washington state has signed an agreement with the Puyallups Indian Tribe on how cigarettes sold by the tribe will be taxed by the state, the state announced early this month. According to then-state Gov. Gary Locke (D), the deal marks the...

S.D. Supreme Court favors tribes in cases over Indian child custody.(Indian Child Welfare)
January 1, 2005... Two rulings by the South Dakota Supreme Court this month have helped bolster the Indian Child Welfare Act (ICWA) by holding parties to stronger ICWA standards in child custody hearings. People of State of S.D. in the Interest of J.S.B.,...

S.D. Congresswoman's tribal bills earn her strong native support.(Politics)(South Dakota, Stephanie Herseth )(Brief Article)
January 1, 2005... South Dakota Congresswoman Stephanie Herseth (D) this month was sworn in for her first full term representing the Indian-populated state. But she has already managed to garner the support of American Indians in her state since she was elected...

Arizona tribe sets up appeals court to accommodate growing demands.(Tribal Court)(Tonto Apache)(Brief Article)
January 1, 2005... The Tonto Apache Tribe of Arizona is creating a court of appeals to accommodate the growing judicial demands of its population. Since receiving federal recognition in 1972, the Tonto Apache Tribe had functioned without a court of appeals,...

New state Indian affairs commissioner seeks new ways to share tax revenue.(State-Tribal Tax)(Brief Article)
January 1, 2005... Arizona's newly appointed director of the state commission on Indian affairs is promising to continue pushing for legislation that would benefit the state's 22-tribe Indian constituency. Jack Johnson, Jr., who previously served as state...

Oregon state court affirms halt of development on Nez Perce grave.(Brief Article)
January 1, 2005... An Oregon Court of Appeals has upheld a land use board decision to halt a development project that was to take place near the sacred grave of a former Nez Perce tribal chief. The development project would have created a 62-acre subdivision...

Federal recognition 'determinative' in tribe's right to enforce treaty.(Indian Case Law Abstracts)
January 1, 2005... United States v. State of Washington U.S. Court of Appeals, 9th Cir., No. 03-35145 (January 6, 2005) A federal appeals court has ruled that federal recognition of an Indian tribe was determinative regarding the tribe's right to enforce a...

Individual income of tribal members not exempt from federal taxation.(Indian Case Law Abstracts)(Dubray v. Commissioner of Internal Revenue U.S. Tax Court)
January 1, 2005... Dubray v. Commissioner of Internal Revenue U.S. Tax Court, No. 7547-02 (December 13, 2004) The U.S. Tax Court has ruled that income earned by a tribal member working for a tribal corporation on tribal land was not exempt from federal...

Court rules Indian Tribe not subject to state workers' compensation law.(Indian Case Law Abstracts)(Miccosukee Tribe of Indians v. Napoleoni Court of Appeal of Florida)
January 1, 2005... The Miccosukee Tribe of Indians v. Napoleoni Court of Appeal of Florida, 1st Dist., No. 1D04-1774 (December 15, 2004) A Florida court has ruled that even if an Indian tribe had previously purchased a workers' compensation insurance policy,...

Federal criminal statute applies to anyone who steals from tribe.(Indian Case Law Abstracts)
January 1, 2005... United States v. Anderson U.S. Court of Appeals, 9th Cir., No. 03-10516 (December 14, 2004) A federal appeals court has ruled that a federal criminal statute applies to anyone who steals from a tribal organization regardless of whether the...

Court: tribe waived immunity from municipal zoning laws.(Indian Case Law Abstracts)
January 1, 2005... Building Inspector of Aquinnah v. Wampanoag Aquinnah Shellfish Hatchery Corp. Supreme Judicial Court of Massachusetts, No. 09211 (December 9, 2004) The Massachusetts Supreme Court has ruled that under the terms of a land claim settlement...

Tribe cannot assert claim to land against state in federal court.(Indian Case Law Abstracts)
January 1, 2005... The Western Mohegan Tribe and Nation v. Orange County U.S. Court of Appeals, 2nd Cir., No. 04-0449-cv (December 23, 2004) A federal appeals court has ruled that an Indian tribe could not assert a claim to aboriginal land title against a...

State cigarette tax exclusion policy applies to members of given tribe.(Indian Case Law Abstracts)
January 1, 2005... Bercier v. Kiga Court of Appeals of Washington, Div. 2, No. 31052-0-II (December 21, 2004) A Washington court has ruled that a state excise tax exclusion applied only to Indians who were members of the tribe on whose land they were doing...

Tribe forced to arbitrate dispute over gaming equipment lease.(Indian Case Law Abstracts)(Comanche Indian Tribe, 49 L.L.C.)
January 1, 2005... Comanche Indian Tribe of Oklahoma v. 49, L.L.C. U.S. Court of Appeals, 10th Cir., No. 03-6167 (December 9, 2004) A federal appeals court has ruled that the Federal Arbitration Act applied to the arbitration provision in a gaming equipment...

FBI looks into boycott movement against Indian-owned Fishing Co.(Investigation)(Elwha Fishing Co.)(Brief Article)
January 1, 2005... The FBI is investigating a Port Angeles, Wash., case in which widely distributed flyers urge the boycott of an Indian-owned fishing company. The attempted boycott is a protest against Elwha Fishing Co. for its hand in shutting down a...

BIA orders closure of Yakama jail, citing safety concerns in facility.(Tribal Justice System)(Bureau of Indian Affairs)(Brief Article)
January 1, 2005... The Bureau of Indian Affairs (BIA) has ordered the shutdown of a Yakama County tribal jail, pointing to several safety concerns at the facility, according to an agency official. Located in Toppenish, Wash., the jail ceased operations Dec....