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Unanimous Supreme Court Confirms and Expands Tribal Government Powers

The United States Supreme Court held unanimously in United States v. Cooley, 593 U.S. ___ (2021), that Indian tribes possess inherent authority to detain temporarily and to search non-Indian persons traveling on public...more

Indian Tribes and COVID-19

Tribal governments and Tribal businesses are starting to feel the impact of the novel-coronavirus disease (COVID-19). Already, one Tribal Casino in Oregon has been forced to temporarily close due to potential contamination...more

Tribal Treaty Rights Are Supreme Again

On Monday, May 20 — for the second time during the 2018-2019 term — Justice Neil M. Gorsuch joined the four U.S. Supreme Court Democratic-appointed justices in a 5-4 decision, authored by Justice Sonia Sotomayor, to support...more

Tribes’ Mobilization On Climate Change Gathers Steam

Indian Tribes in the United States have long been leaders in environmental protection and since the U.S. pulled out of the Paris Climate Agreement in June 2017, they have stepped up efforts at the local, state, national and...more

4 Tips For Defending Against Tribal RICO Claims

In the last decade, tribal entities and officials have increasingly become the subjects of civil suits alleging violations of the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. § 1962 et seq. When originally...more

New Indian Child Welfare Act Challenges On The Horizon

Two types of challenges to the Indian Child Welfare Act (ICWA), 25 U.S.C. § 1901 et seq., now feature prominently: equal protection challenges and challenges based on the “intrafamily dispute” exception to ICWA. A petition...more

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