Indigenous Peoples Conflict of Laws

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Ninth Circuit Holds National Indian Gaming Commission Not Required to Conduct NEPA Review Before Approving Casino Gaming Ordinance

In Jamul Action Committee v. Chaudhuri, the United States Court of Appeals for the Ninth Circuit held that the National Indian Gaming Commission (Commission) did not violate the National Environmental Policy Act (NEPA) when...more

The Pursuit For An Island Casino

The Wampanoag Tribe of Gay Head (Aquinnah) continues its efforts to add casino bingo to the summer getaways and lobster rolls on Martha’s Vineyard. In November 2015, Massachusetts, the town of Aquinnah, and the Aquinnah/Gay...more

Northern Gateway: BC Supreme Court Rules that British Columbia Must Issue its Own EA Decision and Consult First Nations

In Coastal First Nations v British Columbia (Environment), 2016 BCSC 34, the court decided British Columbia must issue its own environmental decision and consult First Nations on the Northern Gateway Project (NGP), instead of...more

House Passes Voluntary GMO Labeling Bill

The U.S. is a step closer to enacting a consistent, national approach to certifying and labeling genetically modified (GMO) foods. On July 23, 2015, the U.S. House of Representatives passed H.R. 1599, the Safe and Accurate...more

Much Ado About Doing Nothing: DOJ’s Latest Memorandum Cracks Open Door to Marijuana Development on Tribal Lands

In December 2014, the Department of Justice (DOJ) released a policy statement regarding enforcement of marijuana laws in Indian Country. While some media have reported the Department’s statement as carte blanche for tribes to...more

Does The DBO’s Draft Tribal Consultation Policy Violate the Public Records Act?

Three years ago, California Governor Edmund G. Brown Jr. issued Executive Order B-10-11. Among other things, Governor Brown ordered: that it is the policy of this Administration that every state agency and department...more

Second Circuit Issues Decision in Payday-Loan Regulatory Case

In a clash of competing sovereigns’ interests, the Second Circuit recently upheld, for now, the authority of the New York Department of Financial Services (DFS) to regulate online payday loans made by Indian tribal lenders to...more

Seventh Circuit Finds Tribal Arbitration Is Unreasonable and Unconscionable

In a victory for advocates who worry that the odds are impossibly stacked against consumers in some arbitral fora, the Seventh Circuit found that a class of borrowers did not have to proceed with arbitration conducted by the...more

Native American Business Law Alert: Significant Tax and Applicable Law Ambiguity in Proposed Revisions for Indian Lands...

The Bureau of Indian Affairs (BIA) is proposing to revise the process for obtaining and administering rights-of-way (ROWs) on Indian lands. While the proposed regulations seek to make improvements and clarifications...more

CFPB bootstraps purported state law violations into attack on online payday lending companies

The CFPB has broken new ground in an attack in Massachusetts federal court against CashCall, several related companies and their principal. The companies funded, purchased, serviced and collected online payday loans made by a...more

Taxation on Indian Reservations: To Balance or Not to Balance, That Is the Question

Introduction - The ability of the states to impose a tax upon transactions occurring on an Indian reservation has evolved substantially in the past 50 years. After numerous court decisions, the Indian preemption...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

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

People of Ecuador v. Chevron

Petition to Stay ArbitrationNew York

People of Ecuador Petition to Enjoin Arbitration filed by Chevron at the Hague....more

Republic of Ecuador v. Chevron

Petition to Stay ArbitrationNew York

Republican of Ecuador's Petition to Enjoin Chevron's Petition for Arbitration at The Hague....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

Deal or No Deal? Understanding Indian County Transactions/Business Law Today

Successful transactions in Indian Country (defined as reservation, dependent Indian community, and allotment lands), require either a profound understanding of the particular complexities of Indian law at play within and...more

Crisis, Coroneles & Constitucionalismo: A Study of the Quality of Democracy in Ecuador

Presents an analysis of the quality of Ecuadorian democracy. Examines the political and cultural background of Ecuador’s constitutional history, including the role of military intervention and the increasing influence of...more

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