Native American Law Report articles from July 2005

Native American Law Report archives from July 2005

Indian legal advocates.(Slants & Trends)(Brief Article)
July 1, 2005... INDIAN LEGAL ADVOCATES are keeping a critical eye on President Bush's nominee to replace newly resigned Justice Sandra Day O'Connor. But two important Indian law cases that nominee John Roberts, Jr. has worked on in the past give an...

In his latest court order.(Cobell v. Norton Indian, judge Royce Lamberth )(Brief Article)
July 1, 2005... IN HIS LATEST COURT ORDER in the 9-year Cobell v. Norton Indian trust fund lawsuit, U.S. District Court Judge Royce Lamberth summed up the case July 12: "This case serves as an appalling reminder of the evils that result when large numbers...

EEOC brings Navajo Nation into case, proceeds with discrimination lawsuit.(Equal Employment Opportunity Commission v. Peabody and Navajo Nation )
July 1, 2005... The Navajo Nation is a new party to a discrimination lawsuit, now that a federal agency has forced it to join its case accusing a coal mining company of discriminating against non-Navajo Native Americans. EEOC v. Peabody and Navajo Nation...

Debate over Redskins trademark stays alive with appeals court ruling.(Pro-Football Inc. v. Suzan Harjo et al. )
July 1, 2005... A federal court again will decide whether the Washington Redskins' sports mascot trademark was legally canceled by the Trademark Trial and Appeal Board. Pro-Football Inc. v. Suzan Harjo et al. (No. 99CV01385) The issue in Pro-Football...

New bill to resolve trust fund lawsuit faces disappointment, optimism.(Cobell v. Norton)
July 1, 2005... Looking to quell skepticism from leaders in Indian Country, U.S. senators are emphasizing that a new proposal to legislatively resolve the Indian trust account litigation is only meant to be a "starting point." Cobell v. Norton (CIVIL...

Sioux tribe charters new academy, redefines view on Indian education.(Rosebud Sioux Tribe )(Brief Article)
July 1, 2005... The Rosebud Sioux Tribe has chartered a college prep academy that will provide education for Indian students from 8th to 12th grades, according to a July 19 statement released by the South Dakotan tribe. The new academy is designed to equip...

Leonard Peltier gets transferred to solitary confinement indefinitely.(Justice)
July 1, 2005... Legendary Indian activist Leonard Peltier has been placed under solitary confinement in an Indiana penitentiary where he will remain indefinitely, Peltier's defense team announced this month. Peltier, who has been incarcerated for 29 years,...

Tribal land claim damages lost through time, appeals court rules.(Cayuga Indian Nation of New York v. Pataki)
July 1, 2005... Cayuga Indian Nation of New York v. Pataki U.S. Court of Appeals, 2d Cir., No. 02-6111 (June 28, 2005) A federal appeals court, applying the most recent Supreme Court ruling regarding Indian land claims, has denied recovery of...

Land gift reduced fractionalization of Indian land, district court rules.(Miami Tribe of Oklahoma v. United States)
July 1, 2005... Miami Tribe of Oklahoma v. United States U.S. District Court D. Kan., No. 03-2220 (June 22, 2005) A federal district court has ruled that a tribal member's gift of a portion of an undivided interest in allotted land would, in the...

Lack of gaming commission approval renders management contract void.(First American Kickapoo Operations L.L.C. v. Multimedia Games Inc.)
July 1, 2005... First American Kickapoo Operations, L.L.C. v. Multimedia Games, Inc. U.S. Court of Appeals, 10th Cir., No. 03-6283 (June 22, 2005) A federal appeals court has ruled that an "Operating Lease" for building construction,...

NIGC approval not mandatory for tribal construction contract.(National Indian Gaming Commission)
July 1, 2005... U.S. ex rel. St. Regis Mohawk Tribe v. President R.C.-St. Regis Management Co. U.S. District Court, N.D.N.Y., No. 7:02-CV-845 (June 13, 2005) A federal district court has ruled that a contract for construction of a casino...

Parental rights notice defective, sent to wrong 'Seneca' tribe.(Iowa Indian Child Welfare Act)
July 1, 2005... In the Interest of R.E.K.F. Supreme Court of Iowa, No. 72/04-1864 (June 10, 2005) The Iowa Supreme Court has ruled that notification of termination of parental rights was defective because it was sent to the wrong "Seneca tribe."...

Fishery restorations not mandated under self-determination contracts.(Hoopa Valley Indian Tribe v. Ryan)
July 1, 2005... Hoopa Valley Indian Tribe v. Ryan U.S. Court of Appeals, 9th Cir., No. 03-16940 (July 8, 2005) A federal appeals court has ruled that fishery restoration projects were not subject to mandatory self-determination contracts because...

Liability insurance did not imply waiver of sovereign immunity.(Seminole Tribe of Florida v. McCor)(Brief Article)
July 1, 2005... Seminole Tribe of Florida v. McCor Court of Appeal of Florida, 2nd Dist., No. 2D04-4062 (June 15, 2005) A Florida court has ruled that an Indian tribe's purchase of liability insurance was not an implicit waiver of tribal sovereign...

Appeals court withdraws opinion in Narragansett tobacco tax case.(Narragansett Indian Tribe v. State of Rhode Island)(Brief Article)
July 1, 2005... Narragansett Indian Tribe v. State of Rhode Island U.S. Court of Appeals 1st Cir., No. 04-1155 (July 8, 2005) The U.S. Court of Appeals for the First Circuit has withdrawn a portion of its May 12 decision in the Narragansett smoke...

Hopis, Navajos protest amendments ending historic relocation program.(Navajo-Hopi Land Settlement Amendments of 2005)
July 1, 2005... The Hopi and Navajo tribes are protesting a proposed amendment by Congress that would end a federally funded relocation program designed to resolve a 120-year-old land dispute between the two tribes in Arizona. Drafted by Sen. John McCain...

Indian studies professor authors book on South Dakotan tribal governments.(John Glover)(Brief Article)
July 1, 2005... A South Dakotan American Indian studies professor has released a book offering a detailed study of tribal governments in the state. John Glover, who teaches at Black Hills State University, said he hopes the handbook will provide a deeper...