Author: Admin Admin

The Eleventh Circuit began its opinion in the Seminole Tribe’s recent tax dispute with the state of Florida by emphasizing the confounding legal complexity that undermines American Indian tribal governments’ efforts to secure the revenues needed to serve their tribal citizens. The circuit panel wrote, “Ben Franklin said, ‘[I]n this world nothing can be said…

This year we have seen a number of positive developments in the way of tax regulations, rulings and initiatives that favor Tribes and their members. There is still much work to be done and this article is as much a call to action as a summary of the major developments. Here is how 2016 is…

There has long been a crisis in inadequate funding and availability of healthcare services affecting Native Americans within the federal Indian Healthcare system. The Indian Health Service and the Indian tribes and tribal organizations (“T/TOs”) who are providing services under the Indian Self-Determination and Education Assistance Act continue to struggle with limited funding and lack…

TRIBAL STRATEGIES FOR PROTECTING AND PRESERVING GROUNDWATER Stephen V. Quesenberry, Timothy C. Seward, and Adam P. Bailey I. INTRODUCTION A. Overview of the Issues

When Congress enacted the Indian Gaming Regulatory Act in 1988 (IGRA), it included an important provision to allow for self-regulation of Class II gaming by tribal governments that established a record of successful gaming regulation. Tribes that achieved a certificate of self-regulation would be responsible for most aspects of gaming regulation, with only limited oversight…

“Just what is the state of Indian Affairs in this country?” asked Thom Hartmann. Behind us, images of the San Carlos Apache Tribe, recently dispossessed of their sacred lands, flashed across the monitors. Indian child welfare, weakened jurisdiction, underfunded services mandated by treaty, check-the-box consultation, institutional racism, and a myriad of other issues came to…