Articles & Writings

This page contains Indian law updates, including some commentary and analysis, posted by Brad S. Jolly & Associates's attorneys on matters such as recent Indian law decisions, new laws or legislation affecting Indian tribes, and other current Indian law issues. The most recent postings are on this page, but you may also view older Indian law updates in our Indian law updates archives. Our Indian law updates are also available through Brad S. Jolly & Associates's News & Updates RSS feed.

We also have posted articles and writings related to Indian law or affecting Indian tribes written or suggested by the attorneys at Brad S. Jolly & Associates.

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New Zealand Leaves Canada and U.S. as Lone Nations Opposed to Indigenous Rights

April 28, 2010

Posted & © By: Brad Jolly, Partner

On Monday, April 27, New Zealand announced that it has officially reversed its position on the U.N. Declaration on the Rights of Indigenous Peoples. New Zealand's Minister of Maori Affairs, Pita Sharples, announced his government's approval of the Declaration at the opening session of the U.N. Permanent Forum on Indigenous Issues. With Australia signing onto the Declaration last year, Canada and the United States remain as the only states in the world who affirmatively voted against the Declaration. more »

Australia Endorses UN Declaration on Indigenous Rights

April 3, 2010

Posted & © By: Brad Jolly, Partner

Fulfilling election promises, under its new Prime Minister, Kevin Rudd, Australia has officially changed its position on the United Nations Declaration on the Rights of Indigenous Peoples and signed on. In 2007 when the United Nations General Assembly adopted the declaration, Australia was one of only four countries - along with the United States, Canada, and New Zealand - that voted against the Declaration.

The Rudd government's action was a complete reversal of the former Howard government's position that the Declaration was "divisive" and could override existing Australian laws. more »

In re Elias L., 227 Neb. 1023 (2009) - Partner Achieves Victory for Tribal Rights Under the ICWA

June 26, 2009

Posted & © By: Brad Jolly, Partner

In a case brought and argued by Partner, Brad Jolly, the Nebraska Supreme Court unanimously held that Indian nations can intervene and fully participate in state court proceedings subject to the Indian Child Welfare Act ("ICWA") without legal counsel regardless of state laws requiring organizations to appear in court only through an attorney.

The case, In re Elias L., 227 Neb. 1023 (2009), originated in the Dakota County Court. more »

Tribal-State Relations Book Released

May 30, 2009

Posted & © By: Brad S. Jolly, Partner

Aspatore, a Thomson Reuters business, has released Emerging Issues in Tribal-State Relations: Leading Experts on Improving Government and Tribal Interactions, Interpreting Gaming Issues, and Protecting Tribal Sovereignty. The book includes articles from several authors, including Brad S. Jolly, whose article is entitled "Fighting the Continued Attacks on Tribal Sovereignty" and discusses issues related to intergovernmental relations on gaming, zoning, natural resources, and criminal jurisdiction. more »

Partner Selected to Participate in Book

August 27, 2008

Posted & © By: Brad Jolly, Partner

Brad Jolly has been selected to participate in writing a chapter in an upcoming book on tribal-state relations. Aspatore Books, part of Thomson Reuters, is a publisher of C-Level (CEO, CFO, CTO, CMO, Partner) books from the the most respected companies and law firms. The book is titled Inside the Minds: Emerging Issues in Tribal-State Relations and is scheduled for release in the winter of 2008.

Federal Court Decides Yankton Reservation not Disestablished

December 28, 2007

Posted & © By: Brad Jolly, Partner

The Federal Court for the District of South Dakota has held that the Yankton Sioux Reservation has not been disestablished and remains under the jurisdiction of the Tribal and federal governments. The State of South Dakota and Charles Mix County have been arguing that the reservation was disestablished in the 1800s and, therefore, no longer exists.

Osage Nation v. Oklahoma, 10th Cir.

December 28, 2007

Posted & © By: Brad Jolly, Partner

The 10th Circuit has dismissed the State of Oklahoma and the Oklahoma Tax Commission from a lawsuit brought by the Osage Nation to enjoin the state's collection of income tax on members of the Nation. The question in the case involves whether Osage County, which was once the Osage Reservation, constitutes Indian country and precludes Oklahoma's taxation of members' income. Oklahoma currently will only recognize Osage trust land and individual allotments as Indian country. more »

Progress and Lack Thereof on Indigenous Rights Declaration

December 21, 2007

Posted & © By: Brad Jolly, Partner

On September 13, 2007, the United Nations General Assembly adopted the Declaration on the Rights of Indigenous Peoples by a vote of 143 in favor, 11 abstaining, and only 4 states voting against it. Of course, it was no surprise that the United States voted against rights for indigenous peoples, including its own Indian peoples, and the votes of New Zealand and Australia were not too out of character either. more »

For older articles and Indian law updates, visit our articles and Indian law updates archives.

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Writings & Articles

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INDIAN LAW UPDATES

Progress and Lack Thereof on Indigenous Rights Declaration

On September 13, 2007, the United Nations General Assembly adopted the Declaration on the Rights of Indigenous Peoples by a vote of 143 in favor, 11 abstaining, and only 4 states voting against it. Of... more »

United Nations Adopts Indigenous Rights Declaration

After 20 years of negotiations and three decades of drafts, on September 13, the United Nations General Assembly voted 143 to 4 to adopt the Declaration of Rights of Indigenous Peoples. The only countries... more »

Indian Affairs Committee to Hold Hearing on Trust Fund Litigation

On Thursday, March 29, the Senate Indian Affairs Committee is scheduled to hold a hearing on the Indian trust fund litigation, including the Cobell class action lawsuit. Chairman of the Committee,... more »

Indian Affairs Committee Approves Artman

On September 14, 2006, the Senate Indian Affairs Committee unanimously approved Carl Artman's nomination as Assistant Secretary-Indian Affairs. The full Senate is expected to confirm Artman without any... more »