Native American Law Report articles from November 2005

Native American Law Report archives from November 2005

Former Department of Interior official implicated in Abramoff casino lobbying.(Jack Abramoff)
November 1, 2005... Investigations into former Department of Interior Deputy Secretary J. Steven Griles' dealings with disgraced lobbyist Jack Abramoff may provide important clues about which government officials the lobbyist was touting to Native tribes as...

U.S. Supreme Court looks to peyote ruling in hoasca tea case.
November 1, 2005... The congressional act allowing Native tribes to use peyote in religious ceremonies should affect whether hoasca tea is used by a Christian group in another case before the U.S. Supreme Court, according to court testimony on Nov. 1. The...

County ordered to hold redistricting hearings to aid Native Americans.
November 1, 2005... The Charles Mix County Commission in South Dakota will hold three public meetings starting Nov. 14 to present court-ordered redistricting plans meant to give Native Americans equal voting rights. Proposals for election redistricting came...

BIA officers lacked jurisdiction over non-Indian individual.(Indian Case Law Abstract)(Bureau of Indian Affairs)
November 1, 2005... United States v. Keys U.S. District Court, D.N.D., No. C4-05-37 (October 12, 2005) A federal district court has ruled that BIA law enforcement officers lacked jurisdiction over an individual once they learned he was not Native American....

Arbitration clause did not waive tribal immunity for employer.(Indian Case Law Abstract)(Brief Article)
November 1, 2005... Big Valley Band of Pomo Indians v. Superior Court Court of Appeal of California, 1st Dist., No. A108615 (November 1, 2005) A California court has ruled that an arbitration clause in an employment contract did not waive tribal sovereign...

Fall out from Sherrill decision continues.(Cayuga Indian Nation of New York v. Village of Union Springs)
November 1, 2005... Cayuga Indian Nation of New York v. Village of Union Springs U.S. District Court, N.D.N.Y., No. 5:03-CV-1270 (October 5, 2005) A federal district court, applying the recent Supreme Court City of Sherrill decision, has ruled that tribal...

Foreclosure cannot be used to collect taxes.(Oneida Indian Nation of New York v. Madison County)
November 1, 2005... Oneida Indian Nation of New York v. Madison County U.S. District Court, N.D.N.Y., No. 5:00-CV-506 (October 27, 2005) A federal district court has ruled that while tribal land was subject to local taxation, the local government was...

Tobacco sale to minor was prohibitory.(State of Iowa v. Lasley)
November 1, 2005... State of Iowa v. Lasley Supreme Court of Iowa, No. 96/03-1938 (October 28, 2005) The Iowa Supreme Court has ruled that the state courts had criminal jurisdiction over the on-reservation sale of tobacco to a minor. The Sac and Fox...

Motor vehicle authority no expanded.(State of Idaho v. Ambro)
November 1, 2005... State of Idaho v. Ambro Court of Appeals of Idaho, No. 31181 (October 28, 2005) An Idaho court has ruled that while the state had jurisdiction over tribal members operating motor vehicles on state-maintained highways within a...

Feds had trust obligation for royalty funds.(Brief Article)
November 1, 2005... The Osage Tribe of Indians of Oklahoma v. United States U.S. Court of Federal Claims, No. 99-550 L (October 27, 2005) The U.S. Court of Federal Claims has ruled that the Osage Tribe could pursue a monetary claim against the Department...

ICWA notices ruled inadequate.(Indian Case Law Abstract)(Indian Child Welfare Act)
November 1, 2005... In re Mikal H. Court of Appeal of California, 4th Dist., No. D046303 (September 14, 2005) A California court has ruled that when sending an Indian tribe notice under the Indian Child Welfare Act, an agency must provide all available...