Tribal Human Resources Professionals FIRST LINE REPRESENTATIVES AND ADVOCATES OF TRIBAL SOVEREIGNTY

Save this PDF as:
 WORD  PNG  TXT  JPG

Size: px
Start display at page:

Download "Tribal Human Resources Professionals FIRST LINE REPRESENTATIVES AND ADVOCATES OF TRIBAL SOVEREIGNTY"

Transcription

1 Tribal Human Resources Professionals FIRST LINE REPRESENTATIVES AND ADVOCATES OF TRIBAL SOVEREIGNTY

2 What should you take from this discussion? How to be advocates for your tribal governments with both employees and regulators What role HR professionals can play to promote tribal sovereignty What information to convey that best educates employees and prospective employees about tribal sovereignty

3 A Mission for all of the Tribe s Employees Protecting the Tribe s Sovereignty Your Tribe s Mission To provide for the long term security of the Tribe and enhance the overall quality of life of its citizens. Your Mission HR Professionals work to fulfill the Tribe s mission by recruiting, hiring, training the Tribe s employees and professionally communicating workplace policies, procedures and information, which is an exercise of the Tribe s sovereignty and long-term security.

4 sov er eign ty ˈsäv(ə)rən(t)ē supreme power or authority. the authority of a state to govern itself or another state. a self-governing state. The union and exercise of all human power possessed in a state; it is a combination of all power; it is the power to do everything in a state without accountability; to make laws, to execute and to apply them: to impose and collect taxes, and, levy, contributions; to make war or peace; to form treaties of alliance or of commerce with foreign nations, and the like. Synonyms: jurisdiction, rule, supremacy, dominion, power, ascendancy, hegemony, domination, authority, control, influence

5 Tribal Sovereignty: the right of tribal peoples to make their own laws and be ruled by them. Williams v. Lee, 358 U.S. 217 (1959). Sovereignty has four elements with respect to US Policy. Sovereignty includes the right to self-government; that right is inherent; federal law limits a tribe s ability to exercise sovereign rights; and federal law controls the legal definition of tribal sovereignty.

6 Sovereignty Common Myths We gave them their Reservations. Treaties are old pieces of paper and are no longer valid. Indians receive special rights. They [American Indians] lost their land fighting against the U.S. Government. They don t pay taxes. Indians get money for being Indian.

7

8 Federal Indian Law Foundations Treaties between Foreign Powers U.S. Treaties with Choctaws and Chickasaws 1830 Treaty: The Government and people of the United States are hereby obliged to secure to the [Chickasaw Nation] the jurisdiction and government of all the persons and property that may be within their limits... the U.S. shall forever secure said [Chickasaw Nation] from, and against, all laws except such as from time to time may be enacted in their own National Councils, not inconsistent with the Constitution, Treaties, and Laws of the United States; and except such as may, and which have been enacted by Congress, to the extent that Congress under the Constitution are required to exercise a legislation over Indian Affairs. Choctaw Nation v. Oklahoma, 397 U.S. 620, (1970) Treaty: Washington provides that [s]o far as may be compatible with the Constitution of the United States and the laws made in pursuance thereof, regulating trade and intercourse with the Indian tribes, the Choctaws and Chickasaws shall be secured in the unrestricted right of self-government, and full jurisdiction, over persons and property, within their respective limits.... Act of June 22, 1855, 11 Stat. 611, art Treaty: The Choctaws and Chickasaws agree to such legislation as Congress and the President of the United States may deem necessary for the better administration of justice and the protection of the rights of person and property within the Indian Territory: Provided, however, Such legislation shall not in anywise interfere with or annul their present tribal organization, or their respective legislatures or judiciaries, or the rights, laws, privileges, or customs of the Choctaw and Chickasaw Nations respectively. Act of April 28, 1866, 14 Stat. 769, art. 7.

9 Congressional Plenary Authority The doctrine that the federal government has complete authority over Indian tribes, including their internal affairs. The 1903 U.S. Supreme Court Case, Lone Wolf v. Hitchcock (187 U.S. 5330) is most often cited as the supreme articulation of plenary power. The main question at issue in Lone Wolf v. Hitchcock was: Does the United States have the power to violate treaties with Indians because of their guardianship-ward relationship? Held that the United States did not act illegally in the Kiowa land lottery of Plenary power essentially means that the US government possesses ultimate power over Indian land, even to the point of acting in direct conflict to what was stated in treaties. White also declared in his opinion that the only political check for this power would be the morality of the United States, which, he said, should be trusted to act in good faith.

10

11 Federal Limits on Tribal Sovereignty Domestic Dependent Nations The federal common law of tribal sovereignty acts to define the limits of tribal authority, but tribes may exercise all sovereign powers (1) not inconsistent with domestic dependent nation status; (2) not barred by treaty relinquishment; or (3) not abrogated by statute. Regulators Tribes have full authority of citizenry rights and territory... subject to Congress plenary authority and domestic dependent sovereignty doctrine. Congress Plenary Authority The U.S. Constitution vests Congress with authority over federal tribal policy, preempting states from interfering. Congress may act to expand or restrict the exercisable scope of tribal sovereignty within the federal system.

12 Congressional Plenary Authority Today Only Congress can regulate Indian tribes by passing laws that specifically apply to Indian tribes. Language must be explicit, i.e. say Indian tribes. Executive Branch agencies are delegated Congress power to enforce laws through the passing of regulations. These regulations must also specifically apply to Indian tribes and not exceed Congress authority. 10th Circuit has stated that absent any clear congressional intent, Congress does not intend its laws to apply to Indian tribes because of their retained sovereign authority.

13 Federal Statues of General Applicability Most federal labor and employment statutes are silent as to whether they apply to Indian tribes or Indian commercial enterprises. Silence indicates Congress did not intend to make the statute applicable to Indian tribes and thus, did not intend to abrogate tribal sovereignty. This silence has resulted in a split of legal authority as to whether these silent statutes apply to Indian tribes as employers. 10 th Circuit is generally in favor of protecting tribal sovereignty. Has found that FLSA, NLRA, and ADEA do not apply to tribes.

14 Examples of Federal Laws of General Applicability National Labor Relations Act NLRA NLRA does not contain language either expressly applying it to Indian tribal governments or expressly exempting such governments from its coverage; however, it does expressly exempt United States or any wholly owned government corporation, or any state or political subdivision thereof. The Chickasaw Nation sued the NLRB in 2011 and won a favorable opinion from the US Dist. Ct. for the Western District of OK. Later the NLRB ruled that due to the Nation s treaties, it had no jurisdiction over the Nation. Age Discrimination in Employment Act ADEA EEOC v. Cherokee Nation, 871 F.2d 937 (1989). The tribe s treaty-protected right to right to self-government was in conflict with the Act. The 10 th Circuit ruled that Congressional silence with regard to the application of the ADEA to Indian tribes rendered its intent ambiguous. Ambiguities are interpreted in the favor of the tribe, thus the ADEA does not apply to Indian tribes.

15 Communicating the Tribe s Mission, or Why Unions Shouldn t Be A Problem Explain Tribal Sovereignty and your Tribe s history to all employees. History and culture classes that incentivize the Tribe s employees to learn more. Live your Tribe s values and constantly and consistently explain those values to your Tribe s employees. Employees should buy-in to your Tribe s mission, so communicate your Tribe s wins! i.e. #s of Scholarships awarded, lives affected by medical care at your facilities, etc. Exercise fairness and maintain employee morale. Educate your employees about the Tribe s purpose economic stability for Tribal Citizens and full Citizen employment. Educate your Tribe s Citizens about your employees the gratitude goes both ways! Create dialog and mentoring opportunities to further promote good feelings.

16 Union Organizing Don ts: Should your team hear of union organizing happening, it is critical that supervisors and managers do not: threaten or punish employees who engage in union activity, interrogate employees regarding union activity, promise employees wage increases or other special concessions to not unionize, or spy on employee union representatives by attending union meetings or other such undercover activities. A union-free workplace is never guaranteed, but Tribes should be prepared to respond if and when union organizing efforts are taken.

17 Your Tribe s Employees are Government Employees Government employers have a powerful interest in maintaining authority to govern their own communities and those who work for their governments. Tribal Labor Sovereignty Act, he proposed legislation would amend the National Labor Relations Act ( NLRA ) to explicitly exclude from coverage federally recognized Indian tribes that operate tribally owned enterprises on tribal lands. Currently filibustered in Senate (need 60 votes to trigger actual vote). it can be inferred that the bill failed to advance because Democratic Senators perceived anti-union or anti-worker motivation. The purpose of this legislation is to preserve the sovereignty of Indian tribes, as governments, to adopt labor laws that are appropriate to the needs of their particular governments, which Congress recognized in 1935 when it excluded other governmental entities from coverage of the NLRA.

18 Tribal Sovereignty and Human Resources, some specifics: Human Resources is an extension of the Tribal Government, and thus receives the benefit of that Tribe s sovereign immunity. As such, HR must protect the Tribe s sovereign immunity from regulatory overreach and unnecessary interference in the Tribe s affairs by protection of the Tribe s information, including all employee information, from unauthorized disclosure. Only release Tribal proprietary information at the direction of your attorney(s). Scrutinize all requests for Tribal engagement from Regulators, from U.S. Departments and Agencies or State partners. Don t open the door to a waiver of your Tribe s sovereign immunity by erring on the side of compliance with data requests or regulatory overreach!

19 What you can do to protect sovereignty: Scrutinize all requests for Tribal Data and Employee Information, which is the Tribe s proprietary data, before authorizing release. This must be released per a formal process; gathered and sent to the employee or their designated agent (lawyer, court, etc.) by properly executing and notarizing the authorization. Regulations and Regulatory Authorities that affect the Tribe s HR Division are limited by the fact that most federal labor laws are statutes of general applicability. Your team needs: Understanding what federal laws that are adopted policies (not mandated by law) to ensure that Tribes remain a competitive employer and attractive workplace vs. Congressionally mandated compliance with a federal labor law

20 Last thoughts We all, as Tribal Government Employees, have a duty and obligation to our Tribe s citizens to maintain the sovereignty with vision and foresight for future generations of their citizens. TLDR: What we do today, matters in the future! Education and Communication are Key! Every level of employee needs this! You can make a difference by communicating tribal sovereignty to your employees!

The Implications of Permitting and Development on Indian Reservations

The Implications of Permitting and Development on Indian Reservations The Implications of Permitting and Development on Indian Reservations The Development Approval Process in Washington Connie Sue Martin Permitting and Developing Projects on Indian Reservations How are

More information

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA Case 5:08-cv-00429-D Document 85 Filed 04/16/2010 Page 1 of 11 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA TINA MARIE SOMERLOTT ) ) Plaintiffs, ) ) vs. ) ) Case No. CIV-08-429-D

More information

Application of the ADEA to Indian Tribes: EEOC v. Fond du Lac Heavy Equipment & Construction Co., 986 F.2d 246 (1993)

Application of the ADEA to Indian Tribes: EEOC v. Fond du Lac Heavy Equipment & Construction Co., 986 F.2d 246 (1993) Urban Law Annual ; Journal of Urban and Contemporary Law Volume 46 A Symposium on Health Care Reform Perspectives in the 1990s January 1994 Application of the ADEA to Indian Tribes: EEOC v. Fond du Lac

More information

359 NLRB No. 163 I. JURISDICTION

359 NLRB No. 163 I. JURISDICTION NOTICE: This opinion is subject to formal revision before publication in the bound volumes of NLRB decisions. Readers are requested to notify the Executive Secretary, National Labor Relations Board, Washington,

More information

Key Employment and Labor Issues Affecting Tribal Entities, ANCs and NHOs

Key Employment and Labor Issues Affecting Tribal Entities, ANCs and NHOs 888 17th Street, NW, 11th Floor Washington, DC 20006 Tel: (202) 857-1000 Fax: (202) 857-0200 www.pilieromazza.com Key Employment and Labor Issues Affecting Tribal Entities, ANCs and NHOs In Partnership

More information

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA Case 5:08-cv-00429-D Document 64 Filed 10/16/2009 Page 1 of 13 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA TINA MARIE SOMERLOTT, ) ) PLAINTIFF, ) ) V. ) ) ) CHEROKEE NATION DISTRIBUTORS,

More information

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Applicant, v. Case No. 13-MC-61 FOREST COUNTY POTAWATOMI COMMUNITY, d/b/a Potawatomi Bingo Casino, Respondent.

More information

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA Case 5:10-cv-00050-W Document 1 Filed 01/19/2010 Page 1 of 14 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA CHOCTAW NATION OF ) OKLAHOMA and ) CHICKASAW NATION, ) ) Plaintiffs,

More information

SUPREME COURT OF THE UNITED STATES

SUPREME COURT OF THE UNITED STATES Cite as: 534 U. S. (2001) 1 SUPREME COURT OF THE UNITED STATES No. 00 507 CHICKASAW NATION, PETITIONER v. UNITED STATES CHOCTAW NATION OF OKLAHOMA, PETITIONER v. UNITED STATES ON WRIT OF CERTIORARI TO

More information

NORTHERN ARAPAHO CODE TITLE 11. SOVEREIGN IMMUNITY

NORTHERN ARAPAHO CODE TITLE 11. SOVEREIGN IMMUNITY NORTHERN ARAPAHO CODE TITLE 11. SOVEREIGN IMMUNITY Section 101 Authority and Citation 102 Definitions 103 Reference to Code Includes Amendments 104 Severability 105 Effective Date of Code 106 Repeal of

More information

CHOATE V. TRAPP 224 U.S. 665 (1912)

CHOATE V. TRAPP 224 U.S. 665 (1912) CHOATE V. TRAPP 224 U.S. 665 (1912)...MR. JUSTICE LAMAR delivered the opinion of the court. The eight thousand plaintiffs in this case are members of the Choctaw and Chickasaw tribes. Each of them holds

More information

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION 1:17CV240

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION 1:17CV240 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION 1:17CV240 JOSEPH CLARK, ) ) Plaintiff, ) ) v. ) MEMORANDUM AND ) RECOMMENDATION HARRAH S NC CASINO COMPANY,

More information

Case3:11-cv JW Document14 Filed08/29/11 Page1 of 8

Case3:11-cv JW Document14 Filed08/29/11 Page1 of 8 Case:-cv-00-JW Document Filed0// Page of 0 Robert A. Rosette (CA SBN ) Richard J. Armstrong (CA SBN ) Nicole St. Germain (CA SBN ) ROSETTE, LLP Attorneys at Law Blue Ravine Rd., Suite Folsom, CA 0 () -0

More information

JAMESTOWN S KLALLAM TRIBE TRIBAL CODE TITLE 12 ECONOMIC DEVELOPMENT AUTHORITY

JAMESTOWN S KLALLAM TRIBE TRIBAL CODE TITLE 12 ECONOMIC DEVELOPMENT AUTHORITY JAMESTOWN S KLALLAM TRIBE TRIBAL CODE TITLE 12 ECONOMIC DEVELOPMENT AUTHORITY Chapters: Chapter 12.01 General Provisions Chapter 12.02 Existence Chapter 12.03 Authorization, Legal Status, Ownership and

More information

MEMORANDUM NEW ECONOMIC EMPOWERMENT LEGISLATION FOR INDIAN COUNTRY SUMMARY

MEMORANDUM NEW ECONOMIC EMPOWERMENT LEGISLATION FOR INDIAN COUNTRY SUMMARY President Robert Odawi Porter Clerk Diane Kennedy Murth Allegany Territory 0 Ohi:Yo' Way Salamanca, 1 Tel. (1) -10 Fax (1) -1 Treasurer Bradley G. John Cattaraugus Territory 10 Route Irving, 1 Tel. (1)

More information

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION Case 1:14-cv-00594-CG-M Document 15 Filed 03/23/15 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION CHRISTINE WILLIAMS, ) ) Plaintiff, ) ) CIVIL ACTION

More information

cv IN THE. United States Court of Appeals FOR THE SECOND CIRCUIT. ELIZABETH A. TREMBLAY, Plaintiff-Appellant,

cv IN THE. United States Court of Appeals FOR THE SECOND CIRCUIT. ELIZABETH A. TREMBLAY, Plaintiff-Appellant, Case 14-2031, Document 43, 11/03/2014, 1361074, Page 1 of 21 14-2031-cv To Be Argued By: PROLOY K. DAS, ESQ. IN THE United States Court of Appeals FOR THE SECOND CIRCUIT ELIZABETH A. TREMBLAY, Plaintiff-Appellant,

More information

v. NO. 29,799 APPEAL FROM THE WORKERS COMPENSATION ADMINISTRATION Gregory D. Griego, Workers Compensation Judge

v. NO. 29,799 APPEAL FROM THE WORKERS COMPENSATION ADMINISTRATION Gregory D. Griego, Workers Compensation Judge 1 1 1 1 1 1 1 1 0 1 This memorandum opinion was not selected for publication in the New Mexico Reports. Please see Rule 1-0 NMRA for restrictions on the citation of unpublished memorandum opinions. Please

More information

Case 1:15-cv MV-KK Document 19 Filed 03/22/16 Page 1 of 9 UNITED STATES DISTRICT COURT DISTRICT OF NEW MEXICO. Vs. Case No: 1:15-cv MV-KK

Case 1:15-cv MV-KK Document 19 Filed 03/22/16 Page 1 of 9 UNITED STATES DISTRICT COURT DISTRICT OF NEW MEXICO. Vs. Case No: 1:15-cv MV-KK Case 1:15-cv-00799-MV-KK Document 19 Filed 03/22/16 Page 1 of 9 NAVAJO NATION, And NORTHERN EDGE NAVAJO CASINO; Plaintiffs, UNITED STATES DISTRICT COURT DISTRICT OF NEW MEXICO Vs. Case No: 1:15-cv-00799-MV-KK

More information

DEPARTMENTAL REGULATION

DEPARTMENTAL REGULATION U.S. DEPARTMENT OF AGRICULTURE WASHINGTON, D.C. 20250 DEPARTMENTAL REGULATION Number: 1350-001 SUBJECT: Tribal Consultation DATE: September 11, 2008 OPI: OGC, Office of the General Counsel 1. PURPOSE The

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Case: 14-55900, 04/11/2017, ID: 10392099, DktEntry: 59, Page 1 of 11 IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT CONSUMER FINANCIAL PROTECTION BUREAU, Appellee, v. No. 14-55900 GREAT PLAINS

More information

from the present case. The grant does not convey power which might be beneficial to the grantor, if retained by himself, or which can inure solely to

from the present case. The grant does not convey power which might be beneficial to the grantor, if retained by himself, or which can inure solely to MAKE SURE YOU TAKE THE QUIZ EMBEDDED AT THE END OF THE READING Gibbons v. Ogden 9 Wheaton 1 ( 1 8 2 4 ) Chief Justice John Marshall delivered the opinion of the Court: The appellant [Gibbons] contends

More information

Case 1:12-cv JDL Document 34 Filed 08/06/14 Page 1 of 10 PageID #: 330 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MAINE

Case 1:12-cv JDL Document 34 Filed 08/06/14 Page 1 of 10 PageID #: 330 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MAINE Case 1:12-cv-00354-JDL Document 34 Filed 08/06/14 Page 1 of 10 PageID #: 330 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MAINE Elizabeth Rassi, ) ) Civil Action No. 1:12-cv-00354 Plaintiff

More information

Case 5:08-cv D Document 71 Filed 03/24/2009 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA

Case 5:08-cv D Document 71 Filed 03/24/2009 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA Case 5:08-cv-00199-D Document 71 Filed 03/24/2009 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA SWANDA BROTHERS, INC., an Oklahoma Corporation, Plaintiff, vs. Case

More information

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION Case 1:14-cv-00594-CG-M Document 11 Filed 02/20/15 Page 1 of 17 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION CHRISTINE WILLIAMS, ) ) Plaintiff, ) ) CIVIL ACTION

More information

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OKLAHOMA

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OKLAHOMA Case 4:07-cv-00642-CVE-PJC Document 46 Filed in USDC ND/OK on 01/04/2008 Page 1 of 7 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OKLAHOMA WAGONER COUNTY RURAL WATER DISTRICT NO. 2, an agency of the

More information

Case 2:17-cv RBS-DEM Document 21 Filed 08/07/17 Page 1 of 20 PageID# 175

Case 2:17-cv RBS-DEM Document 21 Filed 08/07/17 Page 1 of 20 PageID# 175 Case 2:17-cv-00302-RBS-DEM Document 21 Filed 08/07/17 Page 1 of 20 PageID# 175 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Norfolk Division MATTHEW HOWARD, Plaintiff, V. Civil Action

More information

MICCOSUKEE TRIBE OF INDIANS OF FLORIDA, BILLY CYPRESS, INITIAL BRIEF OF APPELLANT

MICCOSUKEE TRIBE OF INDIANS OF FLORIDA, BILLY CYPRESS, INITIAL BRIEF OF APPELLANT 11 TH CIRCUIT DOCKET NO: 07-15073-JJ IN THE 11 TH CIRCUIT COURT OF APPEALS FELIX LOBO AND LIZA SUAREZ, v. Appellant, MICCOSUKEE TRIBE OF INDIANS OF FLORIDA, BILLY CYPRESS, Appellee. / INITIAL BRIEF OF

More information

Case 2:09-cv CM-DJW Document 11 Filed 02/17/10 Page 1 of 17 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS ) ) ) ) ) ) ) ) ) )

Case 2:09-cv CM-DJW Document 11 Filed 02/17/10 Page 1 of 17 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS ) ) ) ) ) ) ) ) ) ) Case 2:09-cv-02674-CM-DJW Document 11 Filed 02/17/10 Page 1 of 17 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS ANTONIO GONZALEZ, Plaintiff, v. 7TH STREET CASINO, Defendant. Case No. 09-CV-2674-CM-DWJ

More information

TIGER V. WESTERN INV. CO. 221 U.S. 286 (1911)

TIGER V. WESTERN INV. CO. 221 U.S. 286 (1911) TIGER V. WESTERN INV. CO. 221 U.S. 286 (1911) MR. JUSTICE DAY delivered the opinion of the court. This case involves the validity of conveyances made by Marchie Tiger, plaintiff in error, a full-blood

More information

Case 2:14-cv TLN-CKD Document 19 Filed 03/05/15 Page 1 of 11

Case 2:14-cv TLN-CKD Document 19 Filed 03/05/15 Page 1 of 11 Case :-cv-0-tln-ckd Document Filed 0/0/ Page of 0 0 DIANE F. BOYER-VINE (SBN: Legislative Counsel ROBERT A. PRATT (SBN: 0 Principal Deputy Legislative Counsel CARA L. JENKINS (SBN: Deputy Legislative Counsel

More information

Unit 2 Sources of Law ARE 306. I. Constitutions

Unit 2 Sources of Law ARE 306. I. Constitutions Unit 2 Sources of Law ARE 306 I. Constitutions A constitution is usually a written document that sets forth the powers, and limitations thereof, of a government. It represents an agreement between a government

More information

SUPREME COURT OF THE UNITED STATES

SUPREME COURT OF THE UNITED STATES Cite as: 532 U. S. (2001) 1 NOTICE: This opinion is subject to formal revision before publication in the preliminary print of the United States Reports. Readers are requested to notify the Reporter of

More information

Natural Resources Journal

Natural Resources Journal Natural Resources Journal 23 Nat Resources J. 1 (Winter 1983) Winter 1983 Regulatory Jurisdiction over Indian Country Retail Liquor Sales Thomas E. Lilley Recommended Citation Thomas E. Lilley, Regulatory

More information

PUBLISH TENTH CIRCUIT. Plaintiffs-Appellees, No

PUBLISH TENTH CIRCUIT. Plaintiffs-Appellees, No PUBLISH FILED United States Court of Appeals Tenth Circuit September 19, 2007 Elisabeth A. Shumaker UNITED STATES COURT OF APPEALS Clerk of Court TENTH CIRCUIT MINER ELECTRIC, INC.; RUSSELL E. MINER, v.

More information

Due Diligence in Business Transactions with Tribal Governments and Enterprises

Due Diligence in Business Transactions with Tribal Governments and Enterprises feature article Due Diligence in Business Transactions with Tribal Governments and Enterprises by Maurice R. Johnson and Benjamin W. Thompson Legislature in 2004. Maurice R. Johnson Maurice R. Johnson

More information

6:14-cv KEW Document 26 Filed in ED/OK on 06/17/14 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA

6:14-cv KEW Document 26 Filed in ED/OK on 06/17/14 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA 6:14-cv-00182-KEW Document 26 Filed in ED/OK on 06/17/14 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA (1) CHOCTAW NATION OF ) OKLAHOMA, ) ) Plaintiff, ) ) Case

More information

Michigan v. Bay Mills Indian Community

Michigan v. Bay Mills Indian Community Public Land and Resources Law Review Volume 0 Fall 2014 Case Summaries Wesley J. Furlong University of Montana School of Law, wjf@furlongbutler.com Follow this and additional works at: http://scholarship.law.umt.edu/plrlr

More information

In The United States Court Of Appeals For The Tenth Circuit

In The United States Court Of Appeals For The Tenth Circuit Appellate Case: 13-9578 Document: 01019244769 Date Filed: 05/05/2014 Page: 1 Case Nos. 13-9578/13-9588 In The United States Court Of Appeals For The Tenth Circuit CHICKASAW NATION, further designation

More information

Case 2:07-cv JAP-RLP Document 28 Filed 03/19/2009 Page 1 of 16 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

Case 2:07-cv JAP-RLP Document 28 Filed 03/19/2009 Page 1 of 16 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO Case 2:07-cv-01024-JAP-RLP Document 28 Filed 03/19/2009 Page 1 of 16 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO DAVID BALES, Plaintiff, vs. Civ. No. 07-1024 JP/RLP CHICKASAW NATION

More information

11/16/10. [1] U. S. Constitution, Article II, 2, Cl. 2.

11/16/10. [1] U. S. Constitution, Article II, 2, Cl. 2. A treaty is a contract between sovereign nations. The Constitution authorizes the President, with the consent of two-thirds of the Senate, to make a treaty on behalf of the Unites States.[1] [1] U. S.

More information

NO IN THE bupreme Eourt.at tt)e i tnitel,tate MYRNA MALATERRE, CAROL BELGARDE, AND LONNIE THOMPSON, AMERIND RISK MANAGEMENT CORPORATION,

NO IN THE bupreme Eourt.at tt)e i tnitel,tate MYRNA MALATERRE, CAROL BELGARDE, AND LONNIE THOMPSON, AMERIND RISK MANAGEMENT CORPORATION, Supreme Ceurt, U.$. FILED NO. 11-441 OFfICE OF ] HE CLERK IN THE bupreme Eourt.at tt)e i tnitel,tate MYRNA MALATERRE, CAROL BELGARDE, AND LONNIE THOMPSON, Petitioners, Vo AMERIND RISK MANAGEMENT CORPORATION,

More information

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN ELTON LOUIS, Plaintiff, v. Case No. 08-C-558 STOCKBRIDGE-MUNSEE COMMUNITY, Defendant. DECISION AND ORDER Plaintiff Elton Louis filed this action

More information

~upreme ~ourt of tbe Wniteb ~tate~ Jn 1!J;bt. No WASHINGTON STATE DEPARTMENT OF LICENSING, Petitioner,

~upreme ~ourt of tbe Wniteb ~tate~ Jn 1!J;bt. No WASHINGTON STATE DEPARTMENT OF LICENSING, Petitioner, No. 16-1498 Jn 1!J;bt ~upreme ~ourt of tbe Wniteb ~tate~ ---- ---- WASHINGTON STATE DEPARTMENT OF LICENSING, v. Petitioner, COUGAR DEN, INC., A YAKAMA '.NATION CORPORATION, Respondent. ---- ---- On Petition

More information

By John Petoskey, General Counsel Grand Traverse Band of Ottawa & Chippewa Indians. Great Lakes Tribal Economic Development Symposium

By John Petoskey, General Counsel Grand Traverse Band of Ottawa & Chippewa Indians. Great Lakes Tribal Economic Development Symposium Asserting and Exercising Tribal Sovereignty to Craft Limited and Conditional Waivers of Sovereign Immunity and/or Creative Alternatives that Promote the Conduct of Tribal Business Without Undermining Sovereignty

More information

No. 08- IN TH~OFIRCE OF THE. (ggurt gf [nitdl. COUSHATTA TRIBE OF LOUISIANA, Petitioner, MEYER & ASSOCIATES, INC. and RICHARD MEYER, Respondents.

No. 08- IN TH~OFIRCE OF THE. (ggurt gf [nitdl. COUSHATTA TRIBE OF LOUISIANA, Petitioner, MEYER & ASSOCIATES, INC. and RICHARD MEYER, Respondents. ~gpreme Court, ~LED No. 08- IN TH~OFIRCE OF THE (ggurt gf [nitdl COUSHATTA TRIBE OF LOUISIANA, Petitioner, MEYER & ASSOCIATES, INC. and RICHARD MEYER, Respondents. ON PETITION FOR A WRIT OF CERTIORARI

More information

Garcia v. San Antonio Metropolitan Transit Authority

Garcia v. San Antonio Metropolitan Transit Authority Garcia v. San Antonio Metropolitan Transit Authority 469 U.S. 528 (1985) JUSTICE BLACKMUN delivered the opinion of the Court. We revisit in these cases an issue raised in 833 (1976). In that litigation,

More information

Exhibit 6: State of Oklahoma, Choctaw Nation of Oklahoma, Chickasaw Nation, City of Oklahoma City Water Settlement

Exhibit 6: State of Oklahoma, Choctaw Nation of Oklahoma, Chickasaw Nation, City of Oklahoma City Water Settlement 1 1 1 1 1 1 1 1 0 1 0 1 0 1 Exhibit : State of Oklahoma, Choctaw Nation of Oklahoma, Chickasaw Nation, City of Oklahoma City Water Settlement WAIVERS AND RELEASES OF CLAIMS BY THE CHOCTAW NATION OF OKLAHOMA

More information

Case 1:15-cv JAP-CG Document 110 Filed 01/12/16 Page 1 of 11

Case 1:15-cv JAP-CG Document 110 Filed 01/12/16 Page 1 of 11 Case 1:15-cv-00501-JAP-CG Document 110 Filed 01/12/16 Page 1 of 11 Ethel B. Branch, Attorney General The Navajo Nation Paul Spruhan, Assistant Attorney General NAVAJO NATION DEPT. OF JUSTICE Post Office

More information

State of Arizona v. United States of America: The Supreme Court Hears Arguments on SB 1070

State of Arizona v. United States of America: The Supreme Court Hears Arguments on SB 1070 FEDERATION FOR AMERICAN IMMIGRATION REFORM State of Arizona v. United States of America: The Supreme Court Hears Arguments on SB 1070 Introduction In its lawsuit against the state of Arizona, the United

More information

TERO QUICK REFERENCE GUIDE

TERO QUICK REFERENCE GUIDE TERO QUICK REFERENCE GUIDE Indian Tribes, as sovereigns have the sovereign authority to regulate and control the employment practices of all employers conducting business on their reservations. This power

More information

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN PLAINTIFF S RESPONSE TO THE DEFENDANTS JOINT MOTION TO DISMISS

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN PLAINTIFF S RESPONSE TO THE DEFENDANTS JOINT MOTION TO DISMISS Case 1:17-cv-01083-JTN-ESC ECF No. 31 filed 05/04/18 PageID.364 Page 1 of 12 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN JOY SPURR Plaintiff, v. Case No. 1:17-cv-01083 Hon. Janet

More information

Case 5:09-cv RDR-KGS Document 19 Filed 11/05/09 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

Case 5:09-cv RDR-KGS Document 19 Filed 11/05/09 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS Case 5:09-cv-04107-RDR-KGS Document 19 Filed 11/05/09 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS ROBERT NANOMANTUBE, vs. Plaintiff, Case No. 09-4107-RDR THE KICKAPOO TRIBE

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS BATES ASSOCIATES, L.L.C., Plaintiff/Counter-Defendant- Appellee, FOR PUBLICATION September 14, 2010 9:15 a.m. v No. 288826 Wayne Circuit Court 132 ASSOCIATES, L.L.C.,

More information

TITLE 29. Torts Ordinance. Chapter General Provisions

TITLE 29. Torts Ordinance. Chapter General Provisions TITLE 29 Torts Ordinance Chapter 29.01 General Provisions 29.01.01 Findings and Purpose... 1 29.01.02 Definitions... 1 29.01.03 Severability... 2 29.01.04 Retroactivity... 3 Chapter 29.02 Sovereign Immunity

More information

Case 5:15-cv L Document 1 Filed 03/09/15 Page 1 of 16 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF OKLAHOMA

Case 5:15-cv L Document 1 Filed 03/09/15 Page 1 of 16 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF OKLAHOMA Case 5:15-cv-00241-L Document 1 Filed 03/09/15 Page 1 of 16 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF OKLAHOMA (1 JOHN R. SHOTTON, an individual, v. Plaintiff, (2 HOWARD F. PITKIN, in his individual

More information

HOUSE RESOLUTION 2632:

HOUSE RESOLUTION 2632: INTERNATIONAL REORGANIZATION RECISION ACT House of Representatives To Rescind and Revoke Membership of the United States in the United Nations by John Rarick, U.S. Representative, 6 th Congressional District

More information

TITLE 9. EMPLOYMENT AND LABOR ARTICLE I EMPLOYMENT RIGHTS

TITLE 9. EMPLOYMENT AND LABOR ARTICLE I EMPLOYMENT RIGHTS . EMPLOYMENT AND LABOR EMPLOYMENT RIGHTS CHAPTER 1. GENERAL PROVISIONS... 9-1-1 Sec. 9-1101. Definitions.... 9-1-1 Sec. 9-1102. Sovereign Immunity.... 9-1-2 Sec. 9-1103. Severability.... 9-1-2 CHAPTER

More information

CIVIL JURISDICTION IN INDIAN COUNTRY

CIVIL JURISDICTION IN INDIAN COUNTRY CIVIL JURISDICTION IN INDIAN COUNTRY Radisson Fort McDowell December 8-9, 2011 Tribal Judicial Institute UND School of Law The Tribal Judicial Institute established in 1993 with an award from a private

More information

McCulloch vs. Maryland

McCulloch vs. Maryland McCulloch vs. Maryland Background of the Case: After the War of 1812, the U.S. government needed additional funds to pay off the debts of the war. Instead of being able to borrow money from one institution,

More information

Case 1:08-cv EJL Document 12 Filed 04/06/2009 Page 1 of 8 UNITED STATES DISTRICT COURT DISTRICT OF IDAHO

Case 1:08-cv EJL Document 12 Filed 04/06/2009 Page 1 of 8 UNITED STATES DISTRICT COURT DISTRICT OF IDAHO Case 1:08-cv-00396-EJL Document 12 Filed 04/06/2009 Page 1 of 8 UNITED STATES DISTRICT COURT DISTRICT OF IDAHO STATE OF IDAHO by and through LAWRENCE G. WASDEN, Attorney General; and the IDAHO STATE TAX

More information

Case 1:18-cv DLH-CSM Document 12 Filed 05/07/18 Page 1 of 11 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NORTH DAKOTA

Case 1:18-cv DLH-CSM Document 12 Filed 05/07/18 Page 1 of 11 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NORTH DAKOTA Case 1:18-cv-00057-DLH-CSM Document 12 Filed 05/07/18 Page 1 of 11 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NORTH DAKOTA Shingobee Builders, Inc., Case No. 1:18-cv-00057-DLH-CSM v. Plaintiff, North

More information

Why Treaties Matter: Sovereignty and Existence

Why Treaties Matter: Sovereignty and Existence Why Treaties Matter: Sovereignty and Existence Terry L. Janis Indian Land Tenure Foundation Returning Indian Lands to Indian People Our Mission Land within the original boundaries of every reservation

More information

NUMBER: CC IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT

NUMBER: CC IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT Case: 15-13552 Date Filed: 05/04/2016 Page: 1 of 35 NUMBER: 15-13552-CC IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT CHRISTINE WILLIAMS, v. Plaintiff-Appellant, POARCH BAND OF CREEK INDIANS,

More information

U.S. 10th Circuit Court of Appeals

U.S. 10th Circuit Court of Appeals U.S. 10th Circuit Court of Appeals OSAGE TRIBAL COUNCIL v U.S. DEPT. OF LABOR PUBLISH UNITED STATES COURT OF APPEALS TENTH CIRCUIT ----------------------------------------------------------- THE OSAGE

More information

The Unfunded Mandates Reform Act (UMRA) passed in

The Unfunded Mandates Reform Act (UMRA) passed in History and Evaluation of the Unfunded Mandates Reform Act History and Evaluation of the Unfunded Mandates Reform Act Abstract - The Unfunded Mandates Reform Act of 1995 (UMRA) made two important changes

More information

No Supreme Court of the United States. Argued Dec. 1, Decided Feb. 24, /11 JUSTICE MARSHALL delivered the opinion of the Court.

No Supreme Court of the United States. Argued Dec. 1, Decided Feb. 24, /11 JUSTICE MARSHALL delivered the opinion of the Court. FOR EDUCATIONAL USE ONLY Copr. West 2000 No Claim to Orig. U.S. Govt. Works 480 U.S. 9 IOWA MUTUAL INSURANCE COMPANY, Petitioner v. Edward M. LaPLANTE et al. No. 85-1589. Supreme Court of the United States

More information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION Case 1:17-cv-00048-BMM-TJC Document 33 Filed 02/09/18 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION MICHAEL F. LAFORGE, CV-17-48-BLG-BMM-TJC Plaintiff, vs.

More information

Case 1:14-cv AWI-SMS Document 18 Filed 11/17/14 Page 1 of 12

Case 1:14-cv AWI-SMS Document 18 Filed 11/17/14 Page 1 of 12 Case :-cv-00-awi-sms Document Filed // Page of 0 GEORGE W. MULL, State Bar No. LAW OFFICE OF GEORGE W. MULL th Street, Suite 0 Sacramento, CA Telephone: () -000 Facsimile: () - Email: george@georgemull.com

More information

Case ABA Doc 10 Filed 02/10/16 Entered 02/10/16 14:10:34 Desc Main Document Page 1 of 6

Case ABA Doc 10 Filed 02/10/16 Entered 02/10/16 14:10:34 Desc Main Document Page 1 of 6 Document Page 1 of 6 UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW JERSEY Caption in Compliance with D.N.J. LBR 9004-1(b) McCARTER & ENGLISH, LLP Kate R. Buck 100 Mulberry Street Four Gateway Center Newark,

More information

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT **********

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT ********** STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 03-1700 STEPHANIE WEBB VERSUS PARAGON CASINO ********** APPEAL FROM THE OFFICE OF WORKERS COMPENSATION - DISTRICT 2 PARISH OF RAPIDES, NO. 03-03033 JAMES

More information

The Six Basic Principles

The Six Basic Principles The Constitution The Six Basic Principles The Constitution is only about 7000 words One of its strengths is that it does not go into great detail. It is based on six principles that are embodied throughout

More information

Lands & Natural Resources. (Amended as of 11/16/12) CHICKASAW NATION CODE TITLE 15 "15. LANDS AND NATURAL RESOURCES"

Lands & Natural Resources. (Amended as of 11/16/12) CHICKASAW NATION CODE TITLE 15 15. LANDS AND NATURAL RESOURCES (Amended as of 11/16/12) CHICKASAW NATION CODE TITLE 15 "15. LANDS AND NATURAL RESOURCES" CHAPTER 1 TRIBAL LANDS AND LAND MANAGEMENT ARTICLE A TRIBAL BUILDINGS AND BUILDING MANAGEMENT Section 15-101.1

More information

IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION

IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION Case 1:14-cv-00066-CG-B Document 31 Filed 04/25/14 Page 1 of 12 IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION STATE OF ALABAMA, ex rel ) ASHLEY RICH, District Attorney

More information

No IN THE Supreme Court of the United States. ARIZONA, et al., UNITED STATES,

No IN THE Supreme Court of the United States. ARIZONA, et al., UNITED STATES, No. 11-182 IN THE Supreme Court of the United States ARIZONA, et al., Petitioners, v. UNITED STATES, Respondent. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT BRIEF

More information

The Struggle to Preserve Tribal Sovereignty in Alabama David Smith Kilpatrick Townsend & Stockton, LLP. Introduction

The Struggle to Preserve Tribal Sovereignty in Alabama David Smith Kilpatrick Townsend & Stockton, LLP. Introduction The Struggle to Preserve Tribal Sovereignty in Alabama David Smith Kilpatrick Townsend & Stockton, LLP Introduction Over the last decade, the state of Alabama, including the Alabama Supreme Court, has

More information

Federalism: the division of power.

Federalism: the division of power. Federalism: the division of power. key terms Federalism: a system of government in which a written constitution divides the power between a central, or national, government and several regional governments.

More information

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OKLAHOMA

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OKLAHOMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OKLAHOMA (1) KAREN HARRIS, ) ) Plaintiff, ) ) v. ) Case No. 11-CV-654-GKF-FHM ) (2) MUSCOGEE (CREEK) NATION d/b/a ) RIVER SPIRIT CASINO,

More information

SUPREME COURT OF THE UNITED STATES

SUPREME COURT OF THE UNITED STATES (Bench Opinion) OCTOBER TERM, 1998 1 NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes

More information

The Indian Reorganization (W'heeler-Howard Act) June 18, 1934

The Indian Reorganization (W'heeler-Howard Act) June 18, 1934 The Indian Reorganization (W'heeler-Howard Act) June 18, 1934 Act --An Act to conserve and develop Indian lands and resources; to extend to Indians the right to form business and other organizations; to

More information

TITLE 6 SOVEREIGN IMMUNITY

TITLE 6 SOVEREIGN IMMUNITY TITLE 6 SOVEREIGN IMMUNITY Contents of Title 6 Chapter 1 - Sovereign Immunity Waiver Chapter 2 - Waiver of Sovereign Immunity and Jurisdiction in Commercial Transactions Chapter 3 - Notice Ordinance Chapter

More information

UNITED STATES v. DION SUPREME COURT OF THE UNITED STATES 476 U.S. 734;

UNITED STATES v. DION SUPREME COURT OF THE UNITED STATES 476 U.S. 734; Page 1 UNITED STATES v. DION SUPREME COURT OF THE UNITED STATES 476 U.S. 734; June 11, 1986, Decided PRIOR HISTORY: CERTIORARI TO THE UNITED STATES COURT OF AP- PEALS FOR THE EIGHTH CIRCUIT. DISPOSITION:

More information

WYOMING LEGISLATIVE SERVICE OFFICE Memorandum

WYOMING LEGISLATIVE SERVICE OFFICE Memorandum WYOMING LEGISLATIVE SERVICE OFFICE Memorandum DATE TO FROM SUBJECT May 22, 2013 Members, Task Force on Transfer of Public Lands Josh Anderson and Matt Obrecht 1, LSO Staff Attorneys Utah Land Transfer

More information

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Case :-cv-000-wqh -BGS Document 0 Filed 0// Page of 0 0 GLORIA MORRISON, UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Plaintiff, vs. VIEJAS ENTERPRISES, an entity; VIEJAS BAND OF KUMEYAAY

More information

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) )

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) Case :0-cv-0-VAP-JCR Document Filed 0/0/00 Page of 0 0 GREGORY F. MULLALLY, v. UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA Plaintiff, HAVASU LANDING CASINO, AN ENTERPRISE OF THE CHEMEHUEVI

More information

Nos , IN THE Supreme Court of the United States

Nos , IN THE Supreme Court of the United States Nos. 15-1034, 15-1024 IN THE Supreme Court of the United States SOARING EAGLE CASINO AND RESORT, an enterprise of the Saginaw Chippewa Indian Tribe of Michigan, Petitioner, v. NATIONAL LABOR RELATIONS

More information

STATE BAR OF TEXAS LABOR & EMPLOYMENT LAW SECTION STATE OF ADR

STATE BAR OF TEXAS LABOR & EMPLOYMENT LAW SECTION STATE OF ADR 29 TH ANNUAL LABOR & EMPLOYMENT LAW INSTITUTE STATE BAR OF TEXAS LABOR & EMPLOYMENT LAW SECTION STATE OF ADR Charles C. High, Jr. Brian Sanford WHAT IS ADR? Common term we all understand Federal government

More information

Supreme Court of the United States

Supreme Court of the United States No. 17-387 IN THE Supreme Court of the United States UPPER SKAGIT INDIAN TRIBE, v. Petitioner, SHARLINE LUNDGREN AND RAY LUNDGREN, Respondents. ON PETITION FOR A WRIT OF CERTIORARI TO THE SUPREME COURT

More information

Copyright 2010 by Washington Law Review Association

Copyright 2010 by Washington Law Review Association Copyright 2010 by Washington Law Review Association DISTINGUISHING CARCIERI v. SALAZAR: WHY THE SUPREME COURT GOT IT WRONG AND HOW CONGRESS AND COURTS SHOULD RESPOND TO PRESERVE TRIBAL AND FEDERAL INTERESTS

More information

MBE Constitutional Law Sample

MBE Constitutional Law Sample MBE Constitutional Law Sample Approximately 50% of the Constitutional Law questions for each MBE will be based on Individual Rights such as due process, equal protections, and state action. "State Action"

More information

Treaty of the Tribal Internet Gaming Alliance

Treaty of the Tribal Internet Gaming Alliance Treaty of the Tribal Internet Gaming Alliance Preamble We, the signatory tribal nations, do hereby exercise our inherent sovereign right to enter this treaty and establish an inter-governmental treaty

More information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND EQUAL EMPLOYMENT OPPORTUNITY * COMMISSION * Plaintiff * vs. CIVIL ACTION NO. MJG-02-3192 * PAUL HALL CENTER FOR MARITIME TRAINING AND EDUCATION,

More information

AMENDING THE OKLAHOMA MODEL TRIBAL GAMING COMPACT. by Graydon Dean Luthey, Jr. of the Oklahoma Bar*

AMENDING THE OKLAHOMA MODEL TRIBAL GAMING COMPACT. by Graydon Dean Luthey, Jr. of the Oklahoma Bar* AMENDING THE OKLAHOMA MODEL TRIBAL GAMING COMPACT by Graydon Dean Luthey, Jr. of the Oklahoma Bar* The recent settlement agreement between the Cheyenne-Arapaho Tribes and the Governor of Oklahoma (Exhibit

More information

UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD

UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD Soaring Eagle Casino and Resort, An Enterprise of the Saginaw Chippewa Indian Tribe of Michigan Respondent, and Case No. 07-CA-053586

More information

COMPETING SOVEREIGNS: Circuit Courts Varied Approaches to Federal Statutes in Indian Country JESSICA INTERMILL

COMPETING SOVEREIGNS: Circuit Courts Varied Approaches to Federal Statutes in Indian Country JESSICA INTERMILL COMPETING SOVEREIGNS: Circuit Courts Varied Approaches to Federal Statutes in Indian Country JESSICA INTERMILL 64 THE FEDERAL LAWYER September 2015 The Federal Lawyer s April 2015 Indian Law issue detailed

More information

Case 5:07-cv HE Document 20 Filed 06/01/2007 Page 1 of 16 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA

Case 5:07-cv HE Document 20 Filed 06/01/2007 Page 1 of 16 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA Case 5:07-cv-00118-HE Document 20 Filed 06/01/2007 Page 1 of 16 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA TERRY MURPHY d/b/a ENVIRONMENTAL ) PRODUCTS, and ROGER LACKEY, )

More information

No IN THE Supreme Court of the United States. FOURTEEN YEARS, BIRTH FATHER, AND THE CHEROKEE NATION, Respondents.

No IN THE Supreme Court of the United States. FOURTEEN YEARS, BIRTH FATHER, AND THE CHEROKEE NATION, Respondents. No. 12-399 IN THE Supreme Court of the United States ADOPTIVE COUPLE, v. Petitioners, BABY GIRL, A MINOR CHILD UNDER THE AGE OF FOURTEEN YEARS, BIRTH FATHER, AND THE CHEROKEE NATION, Respondents. On Writ

More information

STRENGTHENING TRIBAL SELF-DETERMINATION ENVIRONMENTAL PROTECTION PROGRAMS: THE CONTINUING RELEVANCE OF EPA S 1984 INDIAN POLICY AND 1992 GAP STATUTE

STRENGTHENING TRIBAL SELF-DETERMINATION ENVIRONMENTAL PROTECTION PROGRAMS: THE CONTINUING RELEVANCE OF EPA S 1984 INDIAN POLICY AND 1992 GAP STATUTE STRENGTHENING TRIBAL SELF-DETERMINATION AND SELF-GOVERNANCE BY ADMINISTERING ENVIRONMENTAL PROTECTION PROGRAMS: THE CONTINUING RELEVANCE OF EPA S 1984 INDIAN POLICY AND 1992 GAP STATUTE TRIBAL LANDS AND

More information

Supreme Court of the Unitel~ Statee

Supreme Court of the Unitel~ Statee Supreme Court of the Unitel~ Statee DARREL GUSTAFSON, Petitioner, ESTATE OF LEON POITRA AND LINUS POITRA, Respondents. On Petition For A Writ Of Certiorari To The North Dakota Supreme Court PETITION FOR

More information