Indigenous Peoples Constitutional Law Civil Procedure

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Federal Court Limits Tribe’s, Secretary’s Options When States Balk at Gaming Compact

A federal district court in New Mexico has issued a decision finding that the U.S. Department of the Interior’s regulations permitting the Secretary of the Interior to adopt Class III gaming procedures for a tribe lacking a...more

Land rulings a clear message to Ottawa, provinces: It’s time to govern

The Supreme Court of Canada has delivered two significant decisions this summer regarding Aboriginal title and treaty rights. In June, the Tsilqhot’in decision affirmed Aboriginal title over a discrete area of central British...more

Implications of the Supreme Court Decision on Aboriginal Title

On June 26, 2014, the Supreme Court of Canada delivered a unanimous decision in Tsilhqot'in Nation v British Columbia, 2014 SCC 44. The decision marks the first time that Aboriginal title has been granted – until now, the...more

Indian Country Awaits 9th Circuit’s En Banc Rehearing in Big Lagoon Case

In January, a split 9th Circuit panel shocked Indian Country with its holding in Big Lagoon Rancheria v. California that the State’s failure to negotiate in good faith for a tribal-state gaming compact with the Big Lagoon...more

Tsilhqot’in Decision: The Sky Is Not Falling

Despite the significant media attention that the recent Supreme Court of Canada (SCC) decision in Tsilhqot’in Nation v. British Columbia, 2014 SCC 44 (Decision) has received, it represents a reiteration of established law...more

Recent Supreme Court Decision Bars State from Suing Tribe Seeking to Operate an Illegal Off-Reservation Casino

On May 27, 2014, the Supreme Court ruled that under the Indian Gaming Regulatory Act (IGRA), states may only sue to enjoin a tribe from conducting class III gaming “on Indian lands.” Michigan v. Bay Mills Indian Cmty., 2014...more

Federal Court of Appeal Confirms that Métis Fall Within Federal Jurisdiction under Constitution

On April 17, 2014, the Federal Court of Appeal allowed the appeal, in part, of a January 2013 Federal Court decision extending federal jurisdiction to Métis and non-status Indians by modifying the Federal Court’s declaration...more

British Columbia’s Supreme Court Considers the Duty to Consult in the Context of an Environmental Review Process

On April 3, 2014 the British Columbia Supreme Court released its decision in Ktunaxa Nation v. British Columbia (Forests, Lands and Natural Resource Operations), 2014 BCSC 568. The case concerned an application for judicial...more

Obstructive Conduct by Aboriginal Groups May be Regulated by Municipal By-Laws

The decision of the Ontario Court of Appeal in Detlor v. Brantford (City) helpfully addresses the intersection between municipal jurisdiction and constitutional law. In upholding the power of municipalities to pass by-laws...more

CFPB Weighs In On New York Tribal Lending Case

On November 13, the CFPB filed an amicus brief in a Second Circuit case stemming from efforts of the New York Department of Financial Services (DFS) to crack down on lenders offering allegedly illegal payday loans. Certain...more

Asserting a Tribal Sovereign Immunity Defense, Even Where the Tribe has Contractually Waived its Immunity

The doctrine of sovereign immunity acts as a powerful protection for any sovereign entity. By prohibiting the courts from adjudicating whether or not the sovereign party breached a contract, committed a tort, or otherwise...more

Amending the Oklahoma model Tribal Gaming Compact

The recent “settlement agreement” between the Cheyenne-Arapaho Tribes and the Governor of Oklahoma (Exhibit A hereto) has revived interest in amendment of the terms of the Model Tribal Gaming Compact (the “Compact”) (Exhibit...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 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

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

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

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

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

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

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