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Creek Nation Affirmed: Supreme Court Maintains Congress Must Clearly Express Intent to Disestablish a Reservation

On July 9, 2020, the U.S. Supreme Court held in McGirt v. Oklahoma, No. 18-9526, that the Creek Nation’s reservation in northeastern Oklahoma has never been disestablished. The decision resolves not only McGirt, but its...more

Supreme Court Decides McGirt v. Oklahoma

On July 9, 2020, the U.S. Supreme Court decided McGirt v. Oklahoma, No. 18-9526, holding that the Creek Nation’s reservation in northeastern Oklahoma, which includes most of the city of Tulsa, has never been...more

Pitfalls of Commercial Litigation in Indian Country: Two Federal District Courts Dismiss Cases for Lack of Federal Jurisdiction

Two United States district courts recently dismissed cases involving the business operations of federally recognized Indian Tribes, both for lack of federal jurisdiction. These cases demonstrate the often difficult struggle...more

Supreme Court Decides Upper Skagit Indiana Tribe v. Lundgren

On May 21, 2018, the Supreme Court of the United States decided Upper Skagit Indiana Tribe v. Lundgren, No 17-387, holding that its prior decision in County of Yakima v. Confederated Tribes and Bands of Yakima Nation, 502...more

Sixth Circuit Holds National Labor Relations Act Applicable to Indian Tribe's Casino

Weighing in on a hotly contested issue, a panel of the Sixth Circuit has found that federal labor law applies to Indian tribes’ casinos, notwithstanding the tribes’ inherent sovereignty. However, the panel only did so because...more

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