This page contains Indian law updates, including some commentary and analysis, posted by Smith & Jolly's attorneys on matters such as recent Indian law decisions, new laws or legislation affecting Indian tribes, and other current Indian law issues. The most recent postings are on this page, but you may also view older Indian law updates in our Indian law updates archives. Our Indian law updates are also available through Smith & Jolly's News & Updates RSS feed.

We also have posted articles and writings related to Indian law or affecting Indian tribes written or suggested by the attorneys at Smith & Jolly, LLC.

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Stephen H. and Tammy H. v. Arizona Department of Economic Security et. al., Ariz. Ct. App.

January 15, 2008

Posted By: Crista L. Echo-Hawk, Associate Attorney

On January 3, 2008, the Court of Appeals for the state of Arizona held that in order to find a child dependent where the Indian Child Welfare Act applies a qualified expert must explicitly state that continued custody by the parents or Indian custodian is likely to result in serious physical or emotional damage to the child. The court also held that if the parents’ or custodians’ behavior is likely to harm the child, the expert must offer an opinion about the parents’ or custodians’ ability to modify their behavior. more »

Federal Court Decides Yankton Reservation not Disestablished

December 28, 2007

Posted By: Brad S. Jolly, Founding Partner

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.

December 28, 2007

Posted By: Brad S. Jolly, Founding Partner

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. more »

Progress and Lack Therof on Indigineous Rights Declaration

December 21, 2007

Posted By: Brad S. Jolly, Founding Partner

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. more »

House Passes Native Hawaiian Recognition Bill

October 25, 2007

Posted By: Brad S. Jolly, Founding Partner

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. more »

Bush Signs Native American $1 Coin Act

September 24, 2007

Posted By: Brad S. Jolly, Founding Partner

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. more »

United Nations Adopts Indigineous Rights Declaration

September 14, 2007

Posted By: Brad S. Jolly, Founding Partner

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. more »

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

July 21, 2007

Posted By: Brad S. Jolly, Founding Partner

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. more »

For older articles and Indian law updates, visit our articles and Indian law updates archives.

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FIRM NEWS

New Attorney

Smith & Jolly, LLC is pleased to announce that Crista L. Echo-Hawk has joined the firm as an Associate Attorney. Crista is a recent graduate of the University of Colorado Law School where she served... more »

Updated Sites

Smith & Jolly is pleased to announce that it has integrated its law firm and resources... more »

New Attorney

Smith & Jolly, LLC is pleased to announce that Ruth N. Mackey has joined the firm as an Associate Attorney. Ruth is a recent graduate of Boalt Hall School of Law at the University of California, Berkeley... more »

New Paralegal

Smith & Jolly, LLC is pleased to announce that Kathy A. Dandurand has joined the firm as a Paralegal. Kat has received formal training in civil litigation and many other areas of the law and will be... more »