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Supreme Court Denies Sovereign Immunity Case

January 19, 2007

Posted & © By: Brad Jolly, Partner

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 claimed discrimination based on their race. The 10th Circuit upheld the dismissal of the Pueblo from the suit, but remanded the case to the District Court to consider the lessees' claims against. more »

Tribal Campaign Donation Limits Defeated

January 11, 2007

Posted & © By: Brad Jolly, Partner

The Senate voted 56-40 against placing limits on the amount of money Indian tribes can donate to political campaigns and parties. Senator David Vitter (R-LA) attempted to attach an amendment to the Senate's larger ethics and reform bill that would have singled out tribes and severely limited their ability to provide political donations. The vote tabled Vitter's amendment.

Currently, the Federal Elections Commission ("FEC") treats tribes the same as partnerships and certain limited liability companies. more »

Agua Caliente Band Seeks Reconsideration of Immunity Decision

January 8, 2007

Posted & © By: Brad Jolly, Partner

The Agua Caliente Band of Cahuilla Indians filed a petition with the California Supreme Court to reconsider its 4-3 decision holding that Indian tribes do not have sovereign immunity from suits brought by the state to enforce campaign contribution laws. Hopefully the Court will reconsider its very questionable decision and correct. more »

Potential House Committee on Indian Affairs Falls

January 8, 2007

Posted & © By: Brad Jolly, Partner

Although we all had hoped that the House of Representatives would finally establish an Indian affairs committee, like the Senate, those hopes have been dashed - at least for now. Apparently, because the Democrats already had disputes with the Republican minority regarding the oversight roles of other committees, the House Democratic leadership felt that a dispute over creating an Indian affairs committee was not worth it. more »

Agua Caliente Band of Cahuilla Indians v. Superior Court, Cal. S.Ct. (Dec. 21, 2006)

December 22, 2006

Posted & © By: Brad Jolly, Partner

In a 4-3 split decision, the California Supreme Court upheld the California Court of Appeals decision that Indian tribes do not have sovereign immunity against suits seeking to enforce state campaign contribution laws. Like the Court of Appeals, the State Supreme Court took an extremely odd and constitutionally questionable approach to attempt to bypass federally mandated and protected sovereign immunity. In short, the Court felt that the state's rights under the Tenth Amendment of the U.S. more »

Bush Signs Native American Languages Preservation Act

December 15, 2006

Posted & © By: Brad Jolly, Partner

On December 14, 2006, President Bush signed the Native American Languages Preservation Act into law. The Act was passed by both houses of Congress the week before.

NIGC Publishes Rule-Making Agenda

December 15, 2006

Posted & © By: Brad Jolly, Partner

The National Indian Gaming Commission ("NIGC") has updated its proposed rule-making agenda. In its semi-annual regulatory agenda, the NIGC has listed seven rules in the proposed stage, three in the final stage, five in long-term development, and one rule as completed.

The NIGC's proposed rule on the approval of management contracts has been pushed from the proposed stage to long-term action.

The agency's proposed rule governing the use of gaming revenues has been pushed up to the proposed stage. more »

Indian Veterans' Cemetery Bill Passes Congress

December 12, 2006

Posted & © By: Brad Jolly, Partner

Congressman Tom Udall's (D-NM) bill to allow tribes to receive funds for veterans' cemeteries passed both houses of Congress. Under the Native American Veterans Cemetery Act, tribes can establish cemeteries for deceased veterans on the reservation. Representative Udall noted what most of us already know, but the majority of Americans fail to recognize: that Indians have the highest record per capita of any ethnic group serving in the U.S. more »

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INDIAN LAW UPDATES

Interior Proposes Insulting Settlement of Trust Fund Litigation

This week, the United States proposed paying $7 billion to settle the Cobell trust litigation - less than the $8 billion being considered by the previous Congress. Under the terms of the government's proposal,... more »

Tribal Campaign Donation Limits Defeated

The Senate voted 56-40 against placing limits on the amount of money Indian tribes can donate to political campaigns and parties. Senator David Vitter (R-LA) attempted to attach an amendment to the Senate's... more »

NIGC Publishes Rule-Making Agenda

The National Indian Gaming Commission ("NIGC") has updated its proposed rule-making agenda. In its semi-annual regulatory agenda, the NIGC has listed seven rules in the proposed stage, three in the final... more »

Bill Would Allow Funding for Tribal Veterans Cemeteries

Representative Tom Udall (D-NM) proposed a bill in the House of Representatives that would permit states for provide grants financed by the Department of Veterans Affairs for the development of veterans... more »