Constitutional Law › Indigenous Peoples

Canada’s Supreme Court Requires Aboriginal Groups to Follow Statutory Process

On May 9, 2013, the Supreme Court of Canada released its decision in Behn v. Moulton Contracting Ltd., 2013 SCC 26, affirming that Aboriginal groups seeking to challenge the validity of permits or authorizations granted to...more

The Alaska Constitution and Alaska Oil and Gas Projects

In the March 29th decision of Sullivan v. Resisting Environmental Destruction on Indigenous Lands (REDOIL), the Supreme Court of Alaska held that the Alaska Constitution requires only one “best interest finding” (that an oil...more

Religious Institutions Update: March 2013

In this Issue: - Key Cases - Court Upholds Permitting, Licensing and Zoning Regulation of Spiritual Counselors - Non-Liturgical Navy Chaplains Denied Injunctive Relief for Statistical Imbalance in...more

Rohnert Park Approves Use of Eminent Domain for Street Widening

According to an article in the Press Democrat, Rohnert Park OKs eminent domain at site of future hotel, restaurant, the Rohnert Park City Council recently adopted a resolution of necessity authorizing the use of eminent...more

California Reintroduces Bill to Legalize Sports Betting

For the second year in a row, the California State Legislature will consider Senate Bill 190 to legalize sports betting within the state. Last year’s Senate Bill 1390 passed in the California State Senate, but stalled in...more

Federal Court Extends Federal Jurisdiction to Métis and Non-Status Indians: No Impact to Resource Developers

A recent Federal Court decision clarifies and extends federal jurisdiction to Métis and non-status Indians. This ruling is significant because there could be broad financial and policy implications for the federal government....more

Alberta First Nations Challenge Constitutionality of Federal Regulatory Reforms

On January 8, 2012, the Mikisew Cree First Nation and the Frog Lake First Nation (the First Nations), both located in Alberta, filed notices of application (the Applications) with the Federal Court seeking judicial review of...more

Alberta Court of Appeal Decides Panel Not Required to Determine Adequacy of Crown’s Aboriginal Consultation

On November 26, 2012, the Alberta Court of Appeal released the decision of Justice Slatter denying leave to appeal a decision made by the Joint Review Panel (the Panel) established to evaluate Shell Canada’s application to...more

Life After Patchak: What Does It Mean For Tribal Gaming in California?

Originally published in Riverside Lawyer, October 2012. The tribal gaming industry received a blow from the United States Supreme Court right before the high court ended its session for the summer. Whether the blow is...more

Order - High Court - PIL on Sanskrit

Final Order of the High Court (CWP 20726 of 2012)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.20726 of 2012 (O&M) DATE OF DECISION: October 15, 2012 Hemant Goswami .....Petitioner versus Union of India and others...more

Supreme Court decides Match-E-be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak

On June 18, 2012, the United States Supreme Court issued its decision in Match-E-be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak, permitting an individual who owns land near a tribal casino in Michigan to challenge...more

A New Paradigm for Aboriginal Consultation in Ontario: What Miners Need to Know

The repeal and re-enactment of the Canadian Environmental Assessment Act (“CEAA”) and amendments to other federal environmental legislation amounts to the most significant change in federal environmental assessment (“EA”)...more

Real Estate Transactions With Native American Tribes By Adam M. Starr*

INTRODUCTION - Commercial contracting with Native American tribes presents a number of complicated and unsettled questions of federal and state law. The increasing visibility of tribal entities in California real estate...more

The Assassination of Mummar Gaddafi illegal under International Law

The Assassination of Mummar Gaddafi illegal under International Law On the 18th of October, United States Secretary of State Hillary Clinton was in Tripoli, Libya. She stated in unusually blunt terms that she would like...more

Marzulla Law Legal Report - June 23, 2011

In This Issue: Restoring Dignity to the Members of the Quapaw (O-Gah-Pah) Tribe of Oklahoma A Brief History For over four centuries the original inhabitants of the region where the Arkansas and Mississippi Rivers...more

President Aquino as Cotabato Water Hyacinth Remover

It was equally dismaying to listen to Cotabato City and Maguindanao Province local officials this week saying they were dismayed at Pnoy not bringing any solution or vision to the water hyacinth or water lily problem that...more

Pine Ridge, Whiteclay and Indian Liquor Law

This brief article summarizes the history of the Pine Ridge Lakota Sioux Reservation in South Dakota and its legal and social struggles with alcohol. Federal law and Tribal law ban possession and sale of alcohol on Pine...more

MDC-T spools Dhlodlos and Madanhires as electoral defeat looms

Zimbabwean Politics is dynamic as Zimbabweans at home and abroad have come to appreciate. The return of ZAPU into the epicentre of the Zimbabwean body politic has not only upset those that thought they had everything in the...more

ZAPU- Life from the belly of the beast

Jonah is the name given in the bible to a prophet of the northern kingdom of Israel, about the 8th century BC. In the book of Jonah, he is ordered by God to go the city of Nineveh to prophesy against their wickedness that was...more

United States v. Tohono O'odham Nation

Brief of the National Association of Home Builders as Amicus Curiae in Support of the Respondent

For more than a century, the federal government has held substantial funds and 2.9 million acres of land in Arizona in trust for the Tohono O'odham Nation. In United States v. Tohono O'odham Nation, No. 09-846 (cert. granted...more

Lloyd Msipa's pubic profile

Lloyd Msipa is a Zimbabwean Lawyer and aspiring Zimbabwean Politician. He was born in Bulawayo, Zimbabwe. His father was a ZAPU politician in Zimbabwe who died weeks before the merge between ZAPU PF and ZANU PF in December...more

Native Americans Entitled to $239,620 in Fees By Confering a Public Benefit

An environmental group and a band of Native Americans successfully challenged various aspects of a solid waste facility landfill project in San Diego County. The Fourth Appellate District held that the claimants were entitled...more

In the interest of J.L., L.R., and S.G., minor children

Challenge to Constitutionality of the Iowa Indian Child Welfare Act

Guardian ad litem and attorney for the minor children challenged the constitutionality of the Iowa Indian Child Welfare Act which provided that the children were not permitted to object to the transfer of jurisdiction to the...more

California Lawyer’s analysis of Indian Law, Tribal Law and Native American Law

Perhaps there is no area of law in California where there are so few knowledgeable attorneys than in the area of Tribal Law and Native American Law. Perhaps in no area of law are there so few resources for lawyers to even...more

Court Precedent Determining the Limits of Tribal Sovereignty in Agua Claiente Band of Cahuilla Indians v. Fair Political Practices...

The Los Angeles Times reported (July 17, 2008) that on June 29th, the Agua Caliente Band dropped its appeal to the U.S. Supreme Court against California State and the Fair Political Practices Commission (FPPC) after the FPPC...more