Category Archives: Indian Law

Eastern Shawnee Tribe and law

Here’s a chapter I wrote in the 2017 book about my tribe.  You can download it for free at:  https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2875892 Tribal, Federal, and State Laws Impacting the Eastern Shawnee Tribe, 1812 to 1945 The Eastern Shawnee Tribe of Oklahoma: Resilience … Continue reading

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Same sex marriage in the Navajo Nation

The Arizona Republic published an interesting article on Sunday Nov. 2, at A12, about whether the Navajo Nation might change its position and begin recognizing same sex marriages. In 2005, the Nation enacted the Dine Marriage Act that defined marriage … Continue reading

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Klamath Tribes invoke water rights

Big news in Oregon water issues is the fact that the Klamath Tribes are exercising their water rights and the federal government will support those rights by limiting irrigation water to cattle ranchers and farmers in the Klamath basin this summer.  … Continue reading

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U.S. Supreme Court decides Indian Child Welfare Act case

On June 25, the Supreme Court decided only its second case interpreting the Indian Child Welfare Act (ICWA) (in 1989 the Court strongly upheld the Act in Mississippi Band of Choctaw Indians v. Holyfield, 490 U.S. 30 (1989)). In the 2013 … Continue reading

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President Obama creates a White House Council on Native American Affairs

On June 26, the President issues an executive order creating a White House Council on Native American Affairs.  I have reprinted the order below.  Executive Order — Establishing the White House Council on Native American Affairs   Executive Order — Establishing … Continue reading

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U.S. Supreme Court to hear oral argument in Indian child welfare case on Tuesday

The federal government rarely enters the family law arena.  In fact, that is one of the challenges that was made to the federal Defense of Marriage Act that the Supreme Court heard argument on in the last few weeks. On Tuesday, the Court will … Continue reading

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Was the Oneida Nation reservation terminated?

The United States Supreme Court has requested the opinion of the U.S. Solicitor General on the need to hear an appeal of a case regarding the status of the Oneida Indian Nation’s 300,000-acre historic reservation. The case involves a petition from Madison … Continue reading

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