Native American Law Report articles from January 2006

Native American Law Report archives from January 2006

Abramoff Pleads guilty to defrauding four tribes.(Jack Abramoff)
January 1, 2006... In news that surely sent a shiver through the halls of Congress, Jack Abramoff will provide evidence against members of Congress and their staff who are under investigation for receiving donations funneled through the lobbyist in order to...

Cobell team awarded legal fees for Indian trust case.(Cobell Indian)
January 1, 2006... The legal team working on the Cobell Indian trust fund mismanagement case will get $7.1 million in fees from the government, U.S. District Judge Royce Lamberth ruled Dec. 19. The $4.5 million in legal fees and $2.5 million for expenses are...

Jurisdiction over members of other tribes affirmed.(habeas corpus petition)
January 1, 2006... Means v. Navajo Nation U.S. Court of Appeals, 9th Cir., No. 01-17489 (December 13, 2005) A federal appeals court has issued a revised opinion affirming tribal court criminal jurisdiction over enrolled members of other tribes. ...

New York won't recognize 'existing family' exception.(cases of child adoption )
January 1, 2006... In re Baby Boy C. Supreme Court of New York, Appellate Division, No. 6451 (December 6, 2005) A New York court has refused to recognize the "no existing Indian family" exception to the Indian Child Welfare Act. A woman who was...

Interior not responsible for royalty rate.(Secretary of the Interior)
January 1, 2006... Navajo Nation v. United States U.S. Court of Federal Claims, No. 93-763L (December 20, 2005) The U.S. Court of Federal Claims has ruled that the Secretary of the Interior had no fiduciary duty to an Indian tribe when approving the...

Tribal child support order enforced in state court.(North Dakota Supreme Court)
January 1, 2006... Smith v. Hall Supreme Court of North Dakota, No. 20050270 (December 20, 2005) The North Dakota Supreme Court has ruled that once a tribal court child support order has been properly registered in state court, the father cannot...

Tax lien need not except trust land.
January 1, 2006... Parker v. Commissioner of Internal Revenue United States Tax Court, No. 2712-00L (December 22, 2005) The U.S. Tax Court has ruled that an IRS tax lien need not expressly exempt trust land in order for the IRS to proceed to levy...

Comp policy covered both tribal and state benefits.(Eastern Shawnee Tribe)
January 1, 2006... Squirrel v. Bordertown Bingo Court of Civil Appeals of Oklahoma, Div. 1, No. 101,818 (December 7, 2005) An Oklahoma court has ruled that a tribe's workers' compensation insurer could not assert the tribe's sovereign immunity as a...

Federal court can compel gaming arbitration.(Ho-Chunk Nation )
January 1, 2006... State of Wisconsin v. Ho-Chunk Nation U.S. District Court, W.D. Wis., No. 05-C-632 (December 8, 2005) A federal district court has ruled that it had jurisdiction, pursuant to the Indian Gaming Regulatory Act (IGRA), to compel...

Contractor cannot recover against state or tribe.(Welch Contracting Inc. )
January 1, 2006... Welch Contracting, Inc. v. North Carolina Department of Transportation Court of Appeals of North Carolina, No. COA05-100 (December 20, 2005) A North Carolina court has ruled that a construction contractor on a joint state-tribal...

Public comment period on gaming classification nears end.
January 1, 2006... The public has two more weeks to submit public comments about Department of Justice proposed Johnson Act amendments defining the difference between Vegas-style casino games that require tribal-state compacts and the less regulated bingo-style...