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Doing Business in Canada: Aboriginal Law

ABORIGINAL LAW: Canadian law has long recognized the rights of aboriginal peoples, sometimes called First Nations, as the first occupiers of the land. With the founding of Canada in 1867 constitutional powers were...more

Supreme Court Affirms in Michigan v. Bay Mills Indian Community: Don’t Roll the Dice with Tribal Sovereign Immunity

The U.S. Supreme Court’s recent decision in Michigan v. Bay Mills Indian Community is a reminder to a broad range of entities, including energy companies, financial service providers, and state and local governments, that...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

Gaming Legal News - June 2014 • Volume 7, Number 10

In This Issue: - 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...more

Duty to Consult where Government Action Impacts a First Nation’s Economic Interests

On May 14, 2014 the British Columbia Supreme Court released its decision in Ehattesaht First Nation v British Columbia (Forests, Lands and Natural Resource Operations), 2014 BCSC 849. The case concerned an application for...more

Gaming Legal News - November 2013 • Volume 6, Number 26

In This Issue: - CHAUDHURI APPOINTED TO NATIONAL INDIAN GAMING COMMISSION: On September 4, 2013, Jonodev Osceola Chaudhuri, an enrolled member of the Muscogee Creek Nation, was appointed to a three-year term as...more

War Games in Wisconsin (2013 Style)

Wisconsin is home to 11 recognized Indian tribes. It is a fact that 11 tribes will not unanimously agree on all issues. It also is a fact that not all issues require unanimous agreement. However, Governor Scott Walker has...more

Land Tenure Risk: Why it Matters for Companies, Investors, and Communities

Two important new reports focus on land tenure conflicts between companies and communities. In September, the Rights and Resources Initiative released a report entitled, “Global Capital, Local Concessions: A...more

Federal Court Makes First Determination Of Compensation For Native Title (Australia)

SUMMARY - On 1 October 2013 in De Rose v State of South Australia [2013] FCA 988, the Federal Court made the first determination of compensation for the extinguishment of native title, in connection with a settlement...more

Gaming Legal News - August 27, 2013 • Volume 6, Number 18

In This Issue: - “RESERVATION SHOPPING” CIRCA 2013: The term “reservation shopping” has been coined by various anticasino groups, some local governments, and even some gaming tribes to disparage efforts of...more

Posed Amendments To The Yukon Quartz Mining Act And Placer Mining Act

As a result of the Ross River Dena lawsuit against the Yukon Government with respect to consultation on the granting of rights to miners to conduct work without consulting and accommodating First Nations, the Yukon Court of...more

Gaming Legal News - June 26, 2013 • Volume 6, Number 14

In This Issue: - TRIBAL MEMBERSHIP REVOCATIONS: DIALING FOR DOLLARS? Over the past several years, there have been a series of publicized tribal enrollment revocations of enrolled members – including former...more

Two Significant Duty-to-Consult Cases Released in Alberta and British Columbia Courts

Alberta: Lameman v. Alberta, 2013 ABCA 148 - The Beaver Lake Cree Nation (BLCN) brought a Statement of Claim before the Alberta Court of Queen’s Bench alleging that the Alberta and federal governments have failed to...more

ICMM Releases Position Statement on Indigenous Peoples Establishing Commitment to FPIC

The International Council of Mining & Metals (“ICMM”) recently released a position statement on indigenous peoples and mining that explicitly requires its 22 member companies to work to obtain the free, prior, and informed...more

BIA Proposes To Eliminate The Trust Land Acquisition Waiting Period

The Bureau of Indian Affairs (BIA) published a proposed rule in the Federal Register that, if adopted, will substantially alter the rights of those who would challenge a decision by the BIA to acquire land in trust for an...more

Gaming Legal News - May 23, 2013 • Volume 6, Number 12

In This Issue: - NINTH CIRCUIT DEMANDS INTERIOR EXPLAIN GLENDALE TRUST DECISION: The U.S. Court of Appeals for the Ninth Circuit has required the Secretary of the Interior to reconsider a decision to accept an...more

Changes to First Nations Consultation in Alberta

On April 2, 2013, Alberta released a draft of The Government of Alberta's Policy on Consultation with First Nations on Land and Natural Resource Management, 2013 (the "Draft Policy"). The Government's deadline for comments on...more

Gaming Legal News - April 24, 2013 • Volume 6, Number 11

In This Issue: - THE MASSACHUSETTS MUDDLE: WHAT DOES IT MEAN FOR THE MASHPEE WAMPANOAG? The Mashpee Wampanoag casino project planned for the town of Taunton in southeastern Massachusetts received a major...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

Internet Gaming on Indian Lands

Originally published in Casino Enterprise Management magazine – March 2013. With no federal Internet gaming bill on the horizon, state legislatures are again focused on whether and to what extent Internet gaming will...more

Gaming Legal News - January 24, 2013 • Volume 6, Number 3

In This Issue: - INDIAN COUNTRY AND OBAMA’S CHOICE FOR SECRETARY OF THE INTERIOR: In March, Ken Salazar will leave his well-appointed office at the helm of the Department of the Interior and return to Colorado,...more

Mineral Claims And The Duty To Consult In Yukon

On December 27, 2012, the Yukon Court of Appeal handed down its decision in Ross River Dena Council v Government of Yukon, 2012 YKCA 14. The decision related to an appeal of Mr. Justice Veale’s decision regarding the claim of...more

Gaming Legal News - July 25, 2012 • Volume 5, Number 18

In This Issue: - THE CARCIERI CHALLENGE: PROVING “UNDER FEDERAL JURISDICTION [AS OF 1934]” by Dennis J. Whittlesey: The June 18 Supreme Court ruling in Match-E-Be-Nash-She-Wish Band (“Gun Lake Band”) v. Patchak...more

Gaming Legal News - May 26, 2011 • Volume 4, Number 17/18

In This Issue: - NEWLY RECOGNIZED AND SEARCHING FOR A CASINO LOCATION ON LONG ISLAND by Dennis J. Whittlesey - WHAT IS OKLAHOMA DOING TO ITS NATIVE AMERICAN POPULATION? by Dennis J. Whittlesey Excerpt from...more

Implementing a Corporate Free, Prior, and Informed Consent Policy: Benefits and Challenges

Table of Contents I. Executive Summary...4 II. The Evolution of Free, Prior, And Informed Consent in International Law and Voluntary Initiatives...9 A. International Legal Standards...9 B. Standards Directly Applicable to...more

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