American Indian Law
Topics include federal/tribal relations, state/tribal relations, tribal jurisdiction and authority, and business law.
Jennifer Morinigo | December 7, 2017 | American Indian Law
The U.S Supreme Court denied a petition to hear a case involving whether, when, and to what extent the federal reserved right doctrine recognized in Winters v. United States pre-empts state-law regulation of groundwater. The Ninth Circuit Court of Appeals affirmed the...
Richard B. Collins | November 28, 2017 | American Indian Law
Abstract Can American Indian nations sue and be sued in federal and state courts? Specific issues are whether tribes have corporate capacity to sue, whether a Native group has recognized status as a tribe, and whether and to what extent tribes and their officers have...
Stephanie Sanchez | November 13, 2017 | American Indian Law, Children and the Law
In the case, S.S. v. Colorado River Indian Tribes, the U.S. Supreme Court recently denied a petition for certiorari filed by the Goldwater Institute. The petition alleges the Indian Child Welfare Act, a federal law that established standards for the placement of...
Blake Gumprecht | October 30, 2017 | American Indian Law
WASHINGTON — The U.S. Senate Committee on Indian Affairs held hearings Wednesday, Oct. 25, on two bills introduced by North Dakota senators to address issues raised after the killing in August of a 22-year-old Fargo woman, Savanna LaFontaine-Greywind, and abduction of...
Jennifer Morinigo | October 24, 2017 | American Indian Law, Children and the Law, Conflict of Laws, Data Privacy, Sexual Assault, Student Sexual Misconduct, Torts: Intentional Torts to Persons
At its meeting in New York City on October 19 and 20, The American Law Institute’s Council reviewed drafts for eight projects, with the following outcomes: Law of American Indians: The Council approved Council Draft No. 4, with the exception of § 33 Sovereign Immunity...
Kaighn Smith, Jr. | October 19, 2017 | American Indian Law
It’s highly appropriate for The American Law Institute to take on federal Indian law; it is fundamental to who we are as a nation. The history of federal Indian law reflects the country coming to grips with its colonization of indigenous peoples. The process has...
