Native American Law Watch – Fall 2015/Winter 2016

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  • Bondholders and Trustee Avoid Tribal Court Jurisdiction on Defaulted Bonds
    The Seventh Circuit Court of Appeals recently held that bondholders and their counsel were not required to exhaust tribal court remedies in a case involving a bond transaction in which the parties expressly consented in the transaction documents to the jurisdiction of federal or state courts in Wisconsin and that the tribal entities involved effectively waived their sovereign immunity in the transaction documents. This decision reinforces precedent giving effect to contractual forum selection provisions and underscores the importance of clear contractual waivers of sovereign immunity. Continue Reading
  • Four Changes to BIA’s Right-Of-Way Regulations That Grantees and Applicants Should Know 
    On November 3, 2015, Kevin Washburn, Assistant Secretary-Indian Affairs signed a final rule revising the Bureau of Indian Affair’s (BIA) regulations governing grants of right-of-way (ROW) on Indian lands compiled at 25 C.F.R. Part 169 (Final Rule). The Final Rule effects significant changes in the rights and responsibilities of applicants and grantees of ROWs on tribal and allotted lands, many of which should be of concern to applicants or grantees of ROWs. Continue Reading
  • Indian Law Cases Pending Before the Supreme Court Worth Following

    The United States Supreme Court has a number of potentially significant Indian law cases on its docket this term, including Dollar General Corporation v. Mississippi Band of Choctaw Indians, and Nebraska v. Parker. In addition, petitions for certiorari are pending for Jensen v. EXC, Inc.White v. Regents of the University of CaliforniaContinue Reading