Native American Law Report articles from March 2006

Native American Law Report archives from March 2006

Committees look to Holocaust reimbursements to decide settlement.(Cobell trust mismanagement)
March 1, 2006... In trying to set a settlement amount in the nine-year old Cobell trust mismanagement litigation, the Senate Indian Affairs and House Resources Committees are looking to how Holocaust victims were reimbursed for lost bank accounts. Since...

Supreme Court rules for religious use of hallucinogenic tea.(hoasca )
March 1, 2006... The U.S. Supreme Court decided unanimously Feb. 21 that the government could not stop a church from using hallucinogenic hoasca tea in religious ceremonies. Justice Samuel Alito did not hear the case last November and did not participate...

Native Hawaiian school case before appeals court again.(admissions policy)(Brief article)
March 1, 2006... The 9th U.S. Circuit Court of Appeals announced Feb. 22 it will rehear the Native Hawaiian school admissions policy case. A student challenged the Kamehameha private school's century old Native Hawaiian school preference policy after being...

'Dram shop' suit not allowed against casino.(Indian Case Law Abstracts)(Desert Diamond Casino)
March 1, 2006... Filer v. Tohono O'odham Nation Gaming Enterprise Court of Appeals of Arizona, Div. 2, No. 2 CA-CV 2005-0129 (February 28, 2006) An Arizona court has ruled that while tribal alcohol sales were subject to state regulation, which...

Casino management not immune from suit.(Indian Case Law Abstracts)
March 1, 2006... Johnson v. Harrah's Kansas Casino Corp. U.S. District Court, D.Kan., No. 04-4142 (February 23, 2006) A federal court has ruled that even though a casino in Indian country was a "tribal enterprise," the non-Indian management...

Compliance with tort claim procedure subject to arbitration.(Indian Case Law Abstracts)(gaming compact)
March 1, 2006... Campo Band of Mission Indians v. Superior Court Court of Appeal of California, 4th Dist., No. D046568 (March 1, 2006) A California court has ruled that a casino patron's compliance with tribal tort claim procedures had to be...

County road was under federal superintendence.(Indian Case Law Abstracts)
March 1, 2006... United States v. Santo Arrieta U.S. Court of Appeals, 10th Cir., No. 04-2350 (February 7, 2006) A federal appeals court has ruled that a county road located within an Indian land grant was under federal superintendence, and...

No federal jurisdiction over intra-tribal dispute.(Indian Case Law Abstracts)(Sac and Fox Tribe control )(Brief article)
March 1, 2006... Sac and Fox Tribe of the Mississippi of Iowa v. Bureau of Indian Affairs U.S. Court of Appeals, 8th Cir., No. 05-2106 (March 3, 2006) A federal appeals court has ruled that the federal courts lack jurisdiction to consider...

Fee land not immune from local regulation.(Indian Case Law Abstracts)(Seneca-Cayuga Tribe of Oklahoma v. Town of Aurelius)(Brief article)
March 1, 2006... Seneca-Cayuga Tribe of Oklahoma v. Town of Aurelius U.S. District Court, N.D.N.Y., No. 5:03-CV-00690 (February 14, 2006) A federal district court, applying last year's Supreme Court decision in City of Sherrill, has ruled that land...

Decree did not apply to tributary water rights.(Indian Case Law Abstracts)
March 1, 2006... In re: Rights to Use Water in the Gila River System and Source Supreme Court of Arizona, No. WC-02-0003-IR (February 9, 2006) The Arizona Supreme Court has ruled that while a consent decree governed all tribal rights to water from the...

Tribe waived immunity in CERCLA suit.(Indian Case Law Abstracts)(Comprehensive Environmental Response, Compensation and Liability Act)(Quapaw Tribe)
March 1, 2006... Berrey v. Asarco Incorporated U.S. Court of Appeals, 10th Cir., No. 04-5131 (February 22, 2006) A federal appeals court has ruled that when an Indian tribe sued for relief under an environmental compensation statute, the tribe waived...

California Nations Indian Gaming Assn drafts gaming compact guidelines.(Indian Case Law Abstracts)
March 1, 2006... The California Nations Indian Gaming Association is entering territory that up to now was reserved exclusively to individual tribes: negotiating tribal-state gaming compacts. The association is developing guidelines for gaming compact...