Native American Law Report articles from October 2004

Native American Law Report archives from October 2004

As election day nears.(Slants & Trends)(Brief Article)
October 1, 2004... AS ELECTION DAY NEARS, U.S. presidential hopeful John Kerry is making sure tribes know the difference between his proposed policies on trust reform and those of President George W. Bush. Kerry and his vice-presidential candidate John...

Ten tribes are one step closer.(Slants & Trends)(Brief Article)
October 1, 2004... TEN TRIBES ARE ONE STEP CLOSER to a resolution of their federal recognition as Indian tribes. Last month, the House Resources Committee considered a bill (H.R. 4933) that would require the government to resolve tribal petitions that have been...

Interior officials violated court order restricting communication with plaintiffs.(Cobell v. Norton)
October 1, 2004... When the Interior Department tried to auction a handful of Indian land parcels this year, it violated a 2002 court order that forbade it to communicate with plaintiffs in the Indian trust fund lawsuit without court approval, a district judge...

Interior's actions called 'Retaliatory'.(Brief Article)
October 1, 2004... Attorneys for Indian plaintiffs in the Indian trust fund case called two "emergency status conferences" this month to address what they call "retaliatory" actions by the Interior Department against Indian trust fund accountholders. ...

Indian gaming head resigns.(California Indian Nations Gaming Association )(Brief Article)
October 1, 2004... INDIAN GAMING HEAD RESIGNS. Jacob Coin, executive director of the California Indian Nations Gaming Association (CNIGA), has resigned to take on a new position with the San Manuel Band of Mission Indians. During his four-year tenure at CNIGA,...

Coushatta Tribe considers lawsuit against DC lobbyist, PR specialist.(Lobbying Scandal)
October 1, 2004... Leaders of the Coushatta Tribe of Louisiana are deciding whether to sue a Washington lobbyist and public relation executive who persuaded the tribe to pay them millions of dollars in lobbying fees, even while they regularly referred to Native...

Legislation to amend NAGPRA criteria could impact case over ancient remains.(NAGPRA)(Native American Graves Protection and Repatriation Act)
October 1, 2004... A new bill championed by the Senate Committee on Indian Affairs could have implications for the legal question of what types of ancient remains rightfully belong to American Indian tribes under the Native American Graves Protection and...

Chippewa challenges constitutionality of state tax law on Tobacco Stamps.(Supreme Court)(Chippewa Trading Co.)
October 1, 2004... If the Supreme Court agrees to hear the case of Chippewa v. Cox, a tribal company will get another chance to prove that Michigan tax law violates its 14th Amendment right of due process. The Chippewa Trading Co., which filed a lawsuit...

South Dakota redistricting plan violated Indian voting rights.(Indian Case Law Abstracts)
October 1, 2004... Bone Shirt v. Hazeltine U.S. District Court, D. S.D., No. Civ. 01-3032 (September 15, 2004) A federal district court has ruled that a South Dakota legislative redistricting plan violated the Voting Rights Act by packing a single...

Tribal court has exclusive jurisdiction over non-Indian fatality in Casino.(Indian Case Law Abstracts)
October 1, 2004... Diepenbrock v. Merkel Court of Appeals of Kansas, No. 90,708 (September 24, 2004) A Kansas court has ruled that a tribal court had exclusive jurisdiction over a non-Indian casino patron's suit against non-Indian employees of the...

Protection of religious Indian sites does not violate first amendment.(Indian Case Law Abstracts)
October 1, 2004... Cholla Ready Mix, Inc. v. Civish U.S. Court of Appeals, 9th Cir., 382 F.3d 969 No. 03-15423 (September 1, 2004) A federal appeals court has ruled that a state prohibition on using materials mined from sites of religious...

Courts not limited by BIA guidelines for child custody proceedings.(Indian Case Law Abstracts)
October 1, 2004... Fresno County Dept. of Children and Family Services v. Superior Court of Fresno County Court of Appeal of California, 5th Dist., No. F045698 (September 21, 2004) A California court has ruled that when finding "good cause" to...

Court rules no insurance coverage for violation against Indian arts.(Indian Case Law Abstracts)(Native American Arts, Inc.)
October 1, 2004... Native American Arts, Inc. v. Hartford Casualty Insurance Co. U.S. District Court, N.D. Ill., No. 03 C 7233 (September 9, 2004) A federal court has ruled that insurance policies covering "advertising injury" did not protect...

Arbitration clause still enforced in unapproved gaming contract.(Indian Case Law Abstracts)(Kean-Argovitz Resorts)
October 1, 2004... Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Kean-Argovitz Resorts U.S. Court of Appeals, 6th Cir., No. 03-1267 (September 8, 2004) A federal appeals court has ruled that the question of the validity of a casino...

Casino firm returns management fees charged in illegal contract agreement.(Indian Case Law Abstracts)
October 1, 2004... United States, ex rel. Bernard v. Casino Magic Corporation U.S. Court of Appeals, 8th Cir., No. 03-3043 (September 13, 2004) A federal appeals court has ruled that a casino company had to return management fees charged under...

State already owned Niagara Islands it wanted to purchase, court rules.(Indian Case Law Abstracts)(Brief Article)
October 1, 2004... Seneca Nation of Indians v. State of New York U.S. Court of Appeals, 2nd Cir., No. 02-6185 (September 9, 2004) A federal appeals court has ruled that the State of New York's purported acquisition of islands in the Niagara River did...

Proposal to develop indigenous treaty looks to address international law.(International Treaty)(Brief Article)
October 1, 2004... Efforts to establish international indigenous law and policy could improve through recent efforts to develop a treaty among a "united league of indigenous nations." Such a treaty, proposed by the Tribal Leadership Forum within the National...

NCAI unveils ambitious plans for Washington Headquarters.(Advocacy HQ)(National Congress of American Indians)(Brief Article)
October 1, 2004... The largest intertribal organization in the United States could be better positioned to advocate for tribes if it follows through with plans to build a multibillion-dollar headquarters in Washington, D.C. With an estimated price tag between...