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Native American Law Report articles from October 2005
A monthly magazine focusing on jurisdictional issues surrounding Native American tribal, federal and state law. Provides information on trends in Native American law, analyzes judicial decisions, and provides detailed analysis of selected cases.
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Native American Law Report archives from October 2005
Officials question Native Hawaiian Reorganization Act legal standing.(Native Hawaiian Reorganization Act )
October 1, 2005... The Bush administration for the first time expressed opposition to a bill recognizing a Native Hawaiian government, despite proposed Senate amendments aimed at reducing concerns raised by the Justice Department. Opponents of granting...
Electronic bingo machine policy parallels view of nominee Miers.(Harriet Miers)
October 1, 2005... Supreme Court nominee Harriet Miers' views about electronic bingo machines anticipate proposed Department of Justice amendments to limit the types of casino games allowed without tribal-state compacts.
As Texas Lottery Commissioner,...
Groups file amicus to support Hawaii's native school admissions preference.
October 1, 2005... Doe v. Kamehameha Schools/Bernice Pauahi Bishop Estate 416 F.3d 1025; docket No. 04-15044 Ninth Circuit United States Court of Appeals (August 2, 2005)
Remedying Native Hawaiians' historically adverse socioeconomic conditions is reason...
Court refuses intervention in "troubling" membership dispute.(Indian Case Law Abstracts)(Table Mountain Band of Indians and Department of the Interior )
October 1, 2005... Lewis v. Norton
U.S. Court of Appeals, 9th Cir., No. 03-17207
(September 13, 2005)
A federal appeals court has refused to intervene in a tribal membership dispute, despite tribal conduct characterized as "deeply troubling on the...
Newly acquired land accepted into trust.(Indian Case Law Abstracts)(Narragansett Indian Tribe of Rhode Island)(State of Rhode Island)
October 1, 2005... Carcieri v. Norton
U.S. Court of Appeals, 1st Cir., No. 03-2647
(September 13, 2005)
A federal appeals court has ruled that the Secretary of the Interior could accept newly acquired land into trust even though the Indian tribe...
Governor lacked authority to amend gaming compact.(Indian Case Law Abstracts)(Taxpayers of Michigan Against Casinos v. State of Michigan)
October 1, 2005... Taxpayers of Michigan Against Casinos v. State of Michigan
Court of Appeals of Michigan, No. 225017
(September 22, 2005)
A Michigan court has ruled that the governor did not have authority to bind the state to an amendment to a...
Monetary claim blocked by another tribe.(United Keetoowah Band of Cherokee Indians of Oklahoma v. United States)
October 1, 2005... United Keetoowah Band of Cherokee Indians of Oklahoma v. United States
U.S. Court of Federal Claims, No. 03-1433L
(September 16, 2005)
The U.S. Court of Federal Claims has ruled that an Indian tribe could not pursue a monetary...
Tribal business ruled exempt from Civil Rights Act.(Johnson v. Choctaw Management/Services Enterprise)
October 1, 2005... Johnson v. Choctaw Management/Services Enterprise
U. S. Court of Appeals, 10th Cir., No. 04-7123
(September 20, 2005)
A federal appeals court has ruled that a tribal business enterprise was not distinct from the tribe itself and...
Forum selection clause trumps exhaustion of tribal remedies.(Larson v. Martin)
October 1, 2005... Larson v. Martin
U.S. District Court, D.N.D., No. A4-05-47
(September 9, 2005)
A federal district court has ruled that a forum selection clause in a commercial contract negated the need for a claimant to exhaust available tribal...
Grave protection compliance need not be assured.(Yankton Sioux Tribe v. U.S. Army Corps of Engineers, Native American Grave Protection and Repatriation Act)
October 1, 2005... Yankton Sioux Tribe v. U.S. Army Corps of Engineers
U.S. District Court, D.S.D. CIV 02-4126
(September 30, 2005)
A federal district court has ruled that a federal agency, when transferring historic tribal land to a state, had no...
Supreme Court hears argument on Kansas tribal fuel tax case.(Wagnon v. Prairie Band of Potawatomi Nation)
October 1, 2005... Wagnon v. Prairie Band of Potawatomi Nation
Supreme Court, No. 04-631
(October 3, 2005)
The U.S. Supreme Court heard arguments Oct. 3 on whether Kansas can tax tribes for gasoline bought from a non-Indian distributor and sold on...