Brad S. Jolly & Associates News & Updates

Tribal-State Relations Book Released

Sat, 30 May 2009 10:57:41 GMT

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....

Partner Selected to Participate in Book

Wed, 27 Aug 2008 10:57:41 GMT

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

Fri, 28 Dec 2007 19:21:13 GMT

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.

Fri, 28 Dec 2007 19:15:28 GMT

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....

Progress and Lack Thereof on Indigenous Rights Declaration

Fri, 21 Dec 2007 19:25:56 GMT

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....

House Passes Native Hawaiian Recognition Bill

Thu, 25 Oct 2007 20:31:55 GMT

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....

Bush Signs Native American $1 Coin Act

Mon, 24 Sep 2007 19:01:51 GMT

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....

United Nations Adopts Indigenous Rights Declaration

Sat, 15 Sep 2007 01:02:44 GMT

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....

Democratic Presidential Candidates Say 'No' to Prez on the Rez

Sun, 22 Jul 2007 01:38:52 GMT

All top three Democratic Presidential candidates have said they will not attend the Prez on the Rez debate to be held at the Morongo Reservation in August. Senators Barack Obama and Hillary Clinton and former Senator John Edwards all turned down the debate, citing scheduling conflicts. On the other hand, New Mexico Governor Bill Richardson, former Senator Mike Gravel and Congressman Dennis Kucinich all have agreed to attend.

Prez on the Rez is a historic debate - the first ever presidential debate to focus solely on Indian issues and be held in Indian country....

Senate Once Again Looking to Amend IGRA

Mon, 02 Jul 2007 02:55:39 GMT

In response to the D.C. Circuit's decision in CRIT v. NIGC, the Senate is working on a draft amendment to IGRA to, once again, expand the power and authority of the National Indian Gaming Commission ("NIGC"). In CRIT v. NIGC, the D.C. Circuit was the third judicial or quasi-judicial body to instruct the NIGC that it lacks authority to regulate class III gaming. But, of course, the NIGC cannot be satisfied in its unending quest for unfettered and unlimited authority over Indian gaming.

When Congress enacted the IGRA, it carefully struck a balance over the regulation of gaming in Indian country....