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2009 American Indian Law Deskbook Supplement

Conference of Western Attorneys General

Publication Year: 2010

"CWAG's American Indian Law Deskbook has quickly become one of the most authoritative and up-to-date works in the field, and CWAG has dutifully published yearly supplements... The most thorough survey available of the legal relationship between tribes, states, and the federal government."--The Federal Lawyer

Thorough, scholarly, and balanced, the American Indian Law Deskbook, Fourth Edition, published in February 2009, is an invaluable reference for a wide range of people working with Indian tribes, including attorneys, legal scholars, government officials, social workers, state and tribal jurists, and historians. The 2009 Supplement reviews cases issued as well as statutes and administrative rules adopted between July 2008 and June 2009. It additionally covers law review articles published between spring 2008 and spring 2009.

Published by: University Press of Colorado

Title Page, Copyright

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pp. c-iii

Contents

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pp. iv-v

Preface

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pp. vi-ix

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Chapter 1 Federal Indian Law Policy:Origins and Legal Development

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pp. 1-8

The Supreme Court applied the same analytical approach in a reversing the Federal Circuit’s determination following remand proceedings in the Navajo litigation that a combination of federal statutes, other than the IMLA, created a money-mandating trust obligation.71.1...

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Chapter 2 Indian, Indian Tribe, and Indian Country

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pp. 9-13

Kirsty Gover, Geneology as Continuity: Explaining the Growing Tribal Preference for Descent Rules in Membership Governance in the United States, 33 Am. Indian L. Rev. 243, 247 (2008–2009) (examination of 322 tribal constitutions indicates, inter alia, that “[t]ribes are increasingly likely to use lineal descent and blood-quantum rules after 1970, in place of the parental-enrollment or residency...

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Chapter 3 Indian Land and Property: Title and Use

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pp. 14-19

Other parts of the Act complete ANCSA’s land allocations, id. at 549, and otherwise implement as well as “cleanup” ANCSA. Stratman v. Leisnoi, Inc., 545 F.3d 1161, 1165 (9th Cir. 2008), cert. denied, 129 S. Ct. 2861 (2009)....

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Chapter 4 Criminal Law

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pp. 20-23

United States v. Fiander, 547 F.3d 1036 (9th Cir. 2008) (tribal member can be prosecuted for Racketeer Influenced and Corrupt Organization Act violation for conspiring to violate Contraband Cigarette Trafficking Act even though he cannot be convicted of violating the CCTA itself);...

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Chapter 5 General Civil Regulatory Jurisdiction

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pp. 24-27

Another commentator, however, has suggested that “Congress should carefully deliberate” over proposed legislation that would extend tribal criminal jurisdiction to non-Indians and cited Justice Kennedy’s concurrence insofar as it stressed the importance of the “federal structure.” Patience Drake Roggensack...

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Chapter 6 Civil Adjudicatory Jurisdiction

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pp. 28-33

, vacated in part & remanded, 569 F.3d 589, 596 (6th Cir. 2009) (§ 1983 claim remanded for determination of “whether the [tribe] was entitled to the federal funds (a) only as a result of its sovereignty, or (b) simply because it provides certain social services” since, under any “plausible” reading of...

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Chapter 7 Tribal Sovereign Immunity and the Indian Civil Rights Act

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pp. 34-39

A tribe’s immunity from suit also has been held inapplicable to in rem actions that may affect its property interests. E.g., Smale v. Noretep, 208 P.3d 1180, 1181 (Wash. Ct. App. 2009) (applying Anderson & Middleton Lumber Co. v. Quinault Indian Nation, 929 P.2d 379 (Wash. 1996), and holding that tribal immunity from suit did not preclude an in rem action to quiet title under an...

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Chapter 8 Indian Reserved Water Rights

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p. 40-40

Sidney P. Ottem, The General Adjudication of the Yakima River: Tributaries for the Twenty-First Century and a Changing Climate, 23 J. Envtl. L. & Litig. 275, 298–310 (2008) (reviewing the Yakima River Basin general adjudication’s rulings related to the Yakama Nation’s reserved rights);...

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Chapter 9 Fish and Wildlife Regulation

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pp. 41-43

cf. State v. Cayenne, 195 P.3d 521 (Wash. 2008) (when sentencing a tribal member for an off-reservation crime, the trial court may impose conditions that apply on-reservation as well as off-reservation)....

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Chapter 10 Environmental Regulation in Indian Country

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pp. 44-45

Most recently, the EPA has issued a memorandum, Strategy for Reviewing Tribal Eligibility Applications to Administer EPA Regulatory Programs (Jan. 23, 2008), available at http://www.epa.gov/tribal/pdf/strategy-for-reviewing-applications- for-tas-01-23-08.pdf (last visited Jul. 28, 2009), aimed at improving the process for TAS application review under the CWA, CAA and SDWA....

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Chapter 11 Taxation in Indian Country

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pp. 46-48

; see generally Alex Tallchief Skibine, Tribal Sovereign Interests Beyond the Reservation Borders, 12 Lewis & Clark L. Rev. 1003, 1006, 1042 (2008) (reasons that “because the concept of territorial sovereignty, both in the United States and abroad, has been significantly eroded or modified, there are no valid reasons why tribal sovereign interests should be strictly limited to the reservation setting[;]” identifies tribal taxation of income earned by members...

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Chapter 12 Indian Lands Gaming

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pp. 49-57

In 2008, more than 240 of 562 federally recognized tribes engaged in gaming. Press Release, Nat’l Indian Gaming Comm’n, NIGC Announces 2008 Revenues (Jun. 3, 2009), available at http://www.nigc.gov/ReadingRoom/Press- Releases/PressReleasesMain/PR113062009/tabid/918/Default.aspx (last visited Jul. 1, 2009)....

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Chapter 13 Indian Child Welfare Act

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pp. 58-68

In re A.A., 84 Cal. Rptr. 3d 841 (Ct. App. 2008) (discussing various issues with reference to both ICWA and complementary state Indian child-related custody proceeding provisions, including adequate efforts to provide remedial services, the “Indian child exception” established under California statute, and child placement);...

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Chapter 14 State-Tribal Cooperative Agreements

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pp. 69-71

N.M. Stat. Ann. §§ 11-18-1 to -5 (State-Tribal Collaboration Act adopted in 2009 and requiring New Mexico state agencies to establish policies and appoint tribal liaisons to promote effective communication and collaboration between the state agencies and tribes; providing for training and an annual summit);...

Table of Cases

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pp. 72-76

Table of Codes, Public Laws, and Regulations

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p. 77-77

Bibliography

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pp. 78-82


E-ISBN-13: 9781607321101
E-ISBN-10: 1607321106
Print-ISBN-13: 9781607320340
Print-ISBN-10: 1607320347

Page Count: 92
Publication Year: 2010

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