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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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 »

House Passes Native Hawaiian Recognition Bill

October 25, 2007

Posted & © By: Brad Jolly, Partner

On Wednesday, October 24, the House of Representatives passed the Native Hawaiian Government Reorganization Act by a vote of 261-153. The vote was very much along party lines, with every Democrat present except one - Rep. Maxine Waters (D-CA) - voting in favor of the bill and most Republicans voting against it.

The bill recognizes the right of Native Hawaiians to organize their own government and to negotiate with Hawaii and the United States to determine the governing authority and jurisdiciton of the Native Hawaiian government. more »

Bush Signs Native American $1 Coin Act

September 24, 2007

Posted & © By: Brad Jolly, Partner

On Thursday, September 20, President Bush signed the Native American $1 Coin Act into law. The Act provides for a new back to the Sacagawea dollar coin to honor Native Americans and their contributions to the United States. A new Indian person or contribution of Indian peoples will be approved each year. The front of the coin will still be of Sacagawea.

Each year, the Department of Treasury will approve a new design in consultation with the Senate Committee on Indian Affairs, the House Congressional Native American Caucus, the National Congress of American Indians, the U.S. more »

United Nations Adopts Indigenous Rights Declaration

September 14, 2007

Posted & © By: Brad Jolly, Partner

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 voting against the Declaration were the United States, Canada, New Zealand, and Australia. Eleven countries abstained from voting.

The Declaration is non-binding, but sets forth major rights for indigenous peoples throughout the world, including rights of self-determination, to be free from discrimination, and to maintain their cultures, societies, languages, and spiritual practices. more »

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

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INDIAN LAW UPDATES

Tribal-State Relations Book Released

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... more »

Supreme Court Denies Sovereign Immunity Case

The Supreme Court denied cert in Burrell v. Armijo, a 10th Circuit case involving tribal sovereign immunity. The suit was brought by non-Indians who leased land from the Santa Ana Pueblo. The lessees... more »

Native Languages Legislation Passes Congress

Congress passed the Esther Martinez Native American Languages Preservation Act of 2006, sending it to the President for signature. The Act provides for the revitalization of Indian languages through support... more »

Bush Returning U.S. to Termination Policy

In what is yet another example of the Bush Administration proving that those who do not learn from the past are doomed to repeat it, the administration has responded to the Cobell Settlement before... more »