Native American Law Report articles from March 2004

Native American Law Report archives from March 2004

Tribes have not been left.(Slants & Trends)(Brief Article)
March 1, 2004... TRIBES HAVE NOT BEEN LEFT out of the picture in the latest U.S. homeland security initiative, thanks to their recent efforts to inform federal officials that tribes, like all other government entities, need to coordinate incident response...

A historical apology may be coming.(Slants & Trends)(Brief Article)
March 1, 2004... A HISTORICAL APOLOGY MAY BE COMING to Indian Country by way of a legislative resolution spearheaded by Sen. Sam Brownback (R-Kan.). The resolution, still being drafted, would apologize to American Indians and Alaska Natives on behalf of the...

An Indian tribe's lawsuit.(Slants & Trends)(Brief Article)
March 1, 2004... AN INDIAN TRIBE'S LAWSUIT is calling into question the University of Notre Dame's ownership over a piece of land on its campus in Indiana. The Hannahville Indian Community, based in Michigan, wants judicial declaration of ownership, as...

Tribe's sovereign immunity outweighed against state's constitutional rights.(Campaign Donations)
March 1, 2004... A second court in California has affirmed that the state can sue Indian tribes, despite their sovereign immunity, for disclosure of their political donation records. Across the United States, experts debate the extent of the decision's...

High court declines to hear tribal case scrutinizing electronic gaming devices.(Supreme Court)(cases)(Brief Article)
March 1, 2004... The tribal gaming industry can throw one thing off of its shoulders, now that the U.S. Supreme Court has declined to hear two cases that could have questioned the legality of certain electronic casino machines. On March 1, the high court...

Mediated resolution may be on horizon for Indian account holders, government.(Cobell v. Norton)
March 1, 2004... The next few months will be critical in deciding if a "breakthrough" agreement will finally lead to a mediated resolution in the Indian trust fund case. Taking cues from Congress, Indian plaintiffs and government attorneys committed in...

Tribe sues university's researchers alleging abuse of blood, DNA samples.(Human Subject Research)
March 1, 2004... Bringing a long-esoteric issue to the legal forefront, members of an Arizona tribe are suing a university for allegedly misusing hundreds of blood and DNA samples they provided for diabetes research. * Tilousi v. Arizona State University...

Ex-Canadian PM testifies on role in aboriginal royalties management.(First Nations)
March 1, 2004... A former Canadian prime minister has testified in a case, in which a First Nation is demanding justice for the government's alleged mishandling of mineral royalties for decades. * Samson Cree v. Canadian Breach of Trust (No. T-202-89) ...

Congress specified tribes are not immune to enforcement of U.S. Bankruptcy Code.(Indian Case Law Abstracts)
March 1, 2004... Krystal Energy Company v. Navajo Nation U.S. Court of Appeals, Ninth Circuit, No 02-17047 (February 10, 2004) A federal appeals court has ruled that Indian tribes do not enjoy sovereign immunity under the United States Bankruptcy Code....

Non-Indian's consensual employment by tribe is not under state jurisdiction.(Indian Case Law Abstracts)
March 1, 2004... Rodriguez v. Wong 82 P.3d 263 (Wash. App. Div. 1 2004) A Washington court has ruled that state courts have no jurisdiction over an action arising out of a non-member's consensual employment relationship with an Indian tribe. The...

Non-Indian father's quest for custody does not trigger ICWA requirements.(Indian Case Law Abstracts)
March 1, 2004... Gerber v. Eastman 673 N.W.2d 854 (Minn.App. 2004) A Minnesota court has ruled that child custody proceedings under the Indian Child Welfare Act (ICWA) were not triggered when a non-Indian biological father sought to gain custody of an...

Only BIA can recognize tribal leadership, but it must conduct hearing, obtain input.(Indian Case Law Abstracts)(Bureau of Indian Affairs)
March 1, 2004... Tarbell v. Department of the Interior U.S. District Court, N. Dist. N.Y., No. 7:02-CV-1072 (February 11, 2004) A federal court has ruled that only the Bureau of Indian Affairs (BIA) is authorized to determine questions of federal...

Medical leave protections not applicable to tribes; only Congress can change it.(Indian Case Law Abstracts)
March 1, 2004... Chayoon v. Chao 355 F.3d 141 (2nd Cir. 2004) A federal appeals court has ruled that an Indian tribe and its casino officials were immune from suit under the federal Family and Medical Leave Act. Joseph Chayoon, a non-Indian, was...

BIA may be liable for employee's actions, whether or not they relate to contract.(Indian Case Law Abstracts)(Bureau of Indian Affairs)
March 1, 2004... Big Crow v. Rattling Leaf 296 F.Supp.2d 1067 (D.S.D. 2004) A federal court has ruled that the Bureau of Indian Affairs (BIA) could be held liable for the negligent act of a tribal employee under a BIA self-determination contract, even...

Tribe cannot challenge funds distribution from Chippewa land claims in court.(Indian Case Law Abstracts)
March 1, 2004... Delorme v. United States 354 F.3d 810 (8th Cir. 2004) The U.S. Court of Appeals has ruled that a representative of a federally unrecognized tribe lacked standing to challenge the distribution of federal appropriations that settled Chippewa...

Picuris Pueblo Sues Ohio mining firm for trespass, destruction of clay pots.(Environment)
March 1, 2004... A New Mexico pueblo is trying to hold a mining company accountable for destroying pueblo potters' traditional clay pits when it allegedly trespassed on land held by the pueblo through aboriginal title. * Pueblo Picuris v. Ogleby Norton,...

Report says natives stay in jail longer, but not because of intentional racism.(Alaska Felony Study)(Brief Article)
March 1, 2004... Although a new study shows that Alaska Natives spend more time in jail than members of other ethnic groups, the Alaska Judicial Council has concluded overall that "the courts and other agencies were generally successful in creating a process...

State legislator lessens enforcement of law related to racial profiling.(Racial Profiling)(Brief Article)
March 1, 2004... Addressing a state law that has become associated with racial profiling against Native Americans, a lawmaker in South Dakota has negotiated a compromise to lessen the severity of enforcement of the law, which prohibits dangling objects from the...