ABA Journal

Tribal Law/Courts

77 ABA Journal Tribal Law/Courts articles.

Happy the elephant’s quest for personhood heads to top state court; rice and lakes also file suit

New York’s top court will hear the case of Happy the elephant’s bid for personhood and release from the Bronx Zoo in New York City on May 18.

Judging Jurisdiction

In July 2020 when U.S. Supreme Court Justice Neil M. Gorsuch read the majority opinion in McGirt v. Oklahoma, Assistant U.S. Attorney Shannon Cozzoni sprang into action. In that moment, she knew what would happen next: Scores of major crime cases would be landing in her federal court district in Tulsa, requiring rapid adjustments and recalibration.

Biden administration offers recommendations in new report to improve voting access for Native Americans

In a report released Thursday, the Biden administration details the barriers that Native Americans face in the voting process, as well as best practices and recommendations for eliminating those barriers.

Weekly Briefs: Appeals courts rule in lawyer restitution cases; tribes agree to opioid settlement

Ex-BigLaw partner must pay $537M in tax fraud scheme

Paul M. Daugerdas, a former Jenkens & Gilchrist partner, lost an appeal in his tax fraud case before the 2nd U.S.…

Human rights abuses at boarding schools for Native American children must be examined, ABA House says

Resolution 801 urges organizations and governments to cooperate with the Department of the Interior’s Federal Indian Boarding School Initiative and hand over school records to help uncover the truth of what happened at the boarding schools.

Oklahoma drops cert request seeking to limit McGirt tribal decision after favorable state court ruling

After a favorable ruling in state court, Oklahoma’s attorney general is withdrawing a cert petition asking the U.S. Supreme Court to overturn or limit a decision that upended the state’s criminal justice system.

Human rights violations at American Indian boarding schools must be investigated, ABA House says

The ABA House of Delegates voted Monday in favor of a resolution calling for an investigation into human rights abuses at American Indian boarding schools after the president of the Canadian Bar Association appeared in person to support the resolution.

Aug. 15, 1876: Congress passes the ‘Sell or Starve’ Act

Despite their historic victory at Little Bighorn in June 1876, the Sioux found little relief from the white onslaught. Accepting defeat, they returned to their reservations—unarmed and newly dependent on government rations. And on Aug. 15, 1876, Congress passed legislation that became known as the “Sell or Starve” Act, halting any aid to the Sioux until they relinquished both their hunting rights and their claim to the Black Hills.

Supreme Court tribal decision ‘has upended Oklahoma’s criminal justice system;’ will ruling be curtailed?

Oklahoma’s criminal justice system is grappling with the impact of a U.S. Supreme Court decision last year ruling that a large part of eastern central Oklahoma is an American Indian reservation.

Oklahoma attorney general abruptly announces resignation; his office is sorting out tribal case decision

Oklahoma Attorney General Mike Hunter announced his resignation Wednesday—a day after the Oklahoman submitted questions to him about an affair with a state employee.

Meet 14 ABA members who inspired us in 2020

Throughout the year, the ABA Journal profiles exceptional ABA members in its Members Who Inspire series. In 2020, we featured attorneys from across the country whose important and influential work includes using visual storytelling for legal advocacy, bringing attention to the crisis of missing and murdered indigenous women, and combating racial injustice and inequity.

California law school gets donation that’s said to be ‘one of the biggest in history’ from tribe to university

The Federated Indians of Graton Rancheria, a California tribe, has donated $15 million to the University of California at Los Angeles School of Law to create full tuition scholarships for students interested in careers as tribal legal advocates.

A look at Netflix’s ‘Longmire,’ Indian Country and the battle for jurisdiction

Being born and reared in western Oklahoma, I was always fairly familiar with the tribes in that area. Even though I don’t have any American Indian blood, plenty of my friends do, and I have had the opportunity to grow up experiencing the wealth of history and culture they offer.

After SCOTUS tribal decision, inmates file appeals, prosecutors hand off cases

Oklahoma’s criminal justice system has been roiled by a U.S. Supreme Court decision last month that found that Tulsa and other parts of eastern Oklahoma are a reservation for the Muscogee (Creek) Nation.

Two young Native American lawyers call for action on missing and murdered indigenous women

Lauren van Schilfgaarde and Heather Torres introduced the ABA to the missing and murdered indigenous women crisis in February by first sharing the stories of those who suffered. Those stories resonated with the ABA House of Delegates.

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