Native American Issues

News & Analysis as of

Californian court puts tribal online bingo website on ice

A Native American tribe’s attempt to launch an internet bingo website has faced setbacks following a recent court order temporarily restraining the site’s operation. In its decision, the Court made a number of important...more

Gaming Legal News - Volume 8 Number 1: Idaho Tribes And Community Leaders Seek To Limit "Instant Racing" Gaming Machines

A popular and profitable form of gaming has sparked a controversy in Idaho between the state’s Indian tribes and horse racetracks. "Instant Racing" video slot machines replay the last seconds of horse races run in the past,...more

Legal Developments in Indian Country in 2014

2014 was a year that featured many positive legal developments for tribes. From the favorable Supreme Court decision in the Bay Mills case written by Justice Sotomayor (who continues to be a leader on the Court for tribal...more

For the Redskins, NFL Playoff Season Means. . . Constitutionality Questions?

The NFL playoffs aren’t the only big football news happening this month! The U.S. Department of Justice recently decided to intervene in the Washington Redskins trademark litigation over the constitutionality of certain...more

The Importance Of Selecting An Available Arbitration Forum

The Eleventh Circuit affirmed a Florida district court’s denial of Cashcall’s motion to compel arbitration, as the forum selected in the parties’ loan agreement was not available. Appellee Abraham Inetianbor initially...more

Holt v. Hobbs Aftermath: Supreme Court Remands Native American Prisoners’ RLUIPA Claims

Less than a week after its decision in Holt v. Hobbs, the Supreme Court in Knight v. Thompson, No. 13-955 (2015), vacated and remanded the Eleventh Circuit’s rejection of Native American prisoners’ claims challenging prison...more

The US Department of Justice Seeks to Intervene in the Washington Redskins’ Trademark Suit to Defend the Constitutionality of the...

The Washington Redskins professional football team will soon not only be battling Native Americans over the registrability of the REDSKINS trademark, but will also have to cross swords with the US Government. Last week, the...more

U.S. Attorney General States Principles for Working With Tribes

On Friday, December 12, 2014, the Office of the Attorney General issued a notice setting forth principles for the AG and Department of Justice to work with federally recognized Indian tribes. Highlights of these principles...more

FERC rules tribes exempt from some energy regulation

When a Native American tribe acquires a hydroelectric power plant licensed by the Federal Energy Regulatory Commission, does the project become exempt from some federal regulations? Yes, according to a FERC order...more

Department of Justice Memorandum Regarding Legalization of Marijuana in Indian Country Raises More Questions Than Answers

On Thursday December 11, 2014, the press was abuzz about a just released Department of Justice memorandum titled “Policy Statement Regarding Marijuana Issues in Indian Country.” Some news outlets heralded the memorandum as a...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

Michigan Court of Appeals Reverses Termination of Parental Rights; Cites Indian Child Welfare Act Standard

In any child custody proceeding involving Indian children, all parties should understand there are significant legal and procedural requirements that must be met before parental rights to Indian children may be terminated....more

Trademarks as a Barometer of Change: A Pop Quiz

Designed to appeal and speak to the customers of a specific time and place, trademarks can become hallmarks of a bygone era. The controversy surrounding the use of the REDSKINS trademark and logo shows just how much...more

CEQA Bill to Protect Native American Cultural Resources Creates New Challenges and Opportunities for Project Applicants

On September 25, 2014, Governor Brown signed Assembly Bill 52 ("AB 52"), which modifies the California Environmental Quality Act ("CEQA") to add new protections for Native American cultural resources and enhances the role of...more

Second Federal Circuit Court Refuses To Enforce Arbitration By South Dakota Tribe

Using a different analysis, but reaching the same result as a recent decision from the Seventh Circuit, the Eleventh Circuit agreed that a defendant could not compel arbitration of consumer claims before the Cheyenne River...more

Seventh Circuit Uses Fed. R. Civ. P. 60(b)(5) to Reopen 23-Year Old Judgment

Federal Rule of Civil Procedure 60(b)(5) allows a party to move for relief from a final judgment on the ground that “it prospectively is no longer equitable.” Motions under Rule 60(b)(5) must be made “within a reasonable...more

Religious Institutions: October 2014

Timely Topics - Church splits and property disputes are not new, but they have certainly grown in number in recent years. In the seminal case on church property disputes, Watson v. Jones, 80 U.S. (13 Wall.) 679, 20 L....more

Tribal General Welfare Exclusion Act: New Law Supersedes IRS Guidance - H.R. 3043 Allows Tribes More Latitude in Social Programs

On Sept. 26, 2014, President Obama signed into law a measure that excludes from taxable income various general welfare payments to members of Indian tribes. One of the last pieces of legislation agreed upon by the...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

Ninth Circuit Upholds TERO Requirements in Indian Country Mineral Leasing

Conducting commercial operations on tribal lands can pose significant challenges for non-Indian companies. Demonstrating sensitivity to the cultural nuances of Native American society and navigating the complex web of federal...more

Governor Signs Two New CEQA Bills

Governor Brown has signed two new bills amending the California Environmental Quality Act (CEQA). AB 52 establishes new consultation procedures with California Native American tribes, and provides that an adverse change to a...more

New Law Requires Formal Consultation with Native American Tribes During CEQA Process

Agencies Must, Upon Request, Consult With Tribes About “Tribal Cultural Resources” - Assembly Bill 52, signed yesterday by Gov. Jerry Brown, seeks to protect a new class of resources under CEQA: “tribal cultural...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

Indian Health Service Recovery Efforts Against Commercial Health Plans

Health plans across the country are increasingly receiving demands for payment from the Indian Health Service (“IHS”), tribal health programs (collectively “Indian Organizations”) and the U.S. Department of the Treasury for...more

Redskins Ruling is Consistent with TTAB Precedent

In Blackhorse v. Pro-Football Inc., the U.S. Patent and Trademark Office once again canceled various registrations for trademarks used by the Washington Redskins football team as being disparaging to Native Americans. While...more

65 Results
|
View per page
Page: of 3