Brad S. Jolly & Associates News & Updates

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

Wed, 28 Apr 2010 09:07:07 GMT

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.

Sharples said that "when voting took place in 2007, Maori - my people - were hugely disappointed that our country had voted against it and since that time many Maori have been working" to reverse New Zealand's position on the Declaration....

Australia Endorses UN Declaration on Indigenous Rights

Sat, 03 Apr 2010 06:07:19 GMT

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....

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

Fri, 26 Jun 2009 07:14:12 GMT

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....

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....