Native American Law Report articles from June 2006

Native American Law Report archives from June 2006

Supreme Court rules time's up on Hawaii trust claims.
June 1, 2006... The Hawaii Supreme Court ruled April 28 that while a claim of breach of trust obligations to Native Hawaiians might present a justifiable issue, the claim was barred by a two-year statute of limitation. Hawaii holds ceded land in trust for...

Court upholds attorney-client privileges in probate case.
June 1, 2006... The 9th U.S. Circuit Court of Appeals ruled May 25 that notes used to draft a living will in a case involving a now deceased great-grandmother could not be turned over as evidence. The case arises out of a challenge to a will that Matilda...

NIGC seeks public comments on final electronic bingo game classification.( National Indian Gaming Commission)
June 1, 2006... The National Indian Gaming Commission will meet with tribal leaders in separate meetings from July 12-Aug. 9 to discuss Johnson Act amendments that would limit the types of casino games allowed without tribal-state compacts. The Johnson...

Hemp cultivation not allowed on Indian land.
June 1, 2006... United States v. White Plume U.S. Court of Appeals, 8th Cir., No. 05-1656 (May 17, 2006) A federal appeals court has ruled that the Controlled Substances Act prohibited the cultivation of industrial grade hemp on Indian land. The...

Nonmember subject to state vehicle laws on reservation.
June 1, 2006... State of Minnesota v. Hart Court of Appeals of Minnesota, No. A05-1320 (May 9, 2006) A Minnesota court has ruled that the state had jurisdiction to enforce its drivers' license and proof of insurance laws against a Native American...

Defendant could subpoena tribal records.(Indian Case Law Abstracts)
June 1, 2006... United States v. Juvenile Male 1 U.S. District Court, D. Ariz., No. CR-05-498 (May 24, 2006) A federal district court has ruled that a criminal defendant being prosecuted by federal authorities could subpoena tribal records. Federal...

Tribe entitled to immediate payment of support costs.
June 1, 2006... Appeal of Mississippi Band of Choctaw Indians IBCA No. 4711 (April 14, 2006) The Department of the Interior Board of Contract Appeals has ruled that when the government's underpayment of contract support costs (CSC) resulted from an error,...

Tribal business officer immune from suit.(House of Blues Concerts Inc. )
June 1, 2006... House of Blues Concerts Inc. v. Redfearn Court of Appeal of California, 4th Dist., No. D046359 (May 15, 2006) A California court has ruled that the officer of a tribal business enterprise was protected by tribal sovereign immunity when sued...

Tribe had to exhaust administrative remedies.
June 1, 2006... U.S. ex rel. Saint Regis Mohawk Tribe v. President R.C.--St. Regis Management Co. U.S. Court of Appeals, 2nd Cir., No. 05-3823 (June 1, 2006) A federal appeals court has ruled that an Indian tribe had to exhaust its administrative remedies...

Tribal business not subject to Access Act.(Winifred B. French Corp. v. Pleasant Point Passamaquoddy Reservation)
June 1, 2006... Winifred B. French Corp. v. Pleasant Point Passamaquoddy Reservation Supreme Judicial Court of Maine, No. Was-06-62 (May 8, 2006) The Maine Supreme Court has ruled that tribal business activities were not subject to a state Freedom of...

New DOI secretary meets with Indian organization.( Dirk Kempthorne of Department of the Interior meets National Congress of American Indians )(Brief article)
June 1, 2006... Dirk Kempthorne met with the National Congress of American Indians on May 30, his first day as the head of DOI. Also present at the lunch meeting at his office were Associate Deputy Secretary Jim Cason, Special Trustee Ross Swimmer and Indian...