Articles in Native American

Tribe Beats Beer Behemoth in Trademark Settlement

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In June, the Lumbee Tribe of North Carolina filed suit in federal court against beer giant, Anheuser-Busch LLC (AB), and one of its distributors R.A. Jeffreys Distributing Co. LLC, alleging trademark infringement, unfair competition, and unfair and deceptive practices. Without the Tribe’s permission, AB and R.A. Jeffreys used the Tribe’s logo mark and slogan mark in promotional material advertising Budweiser Read More

Pride or Prejudice: Native Regalia and Graduation Ceremonies

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Over the past weekend, many celebrated the 240th birthday of the United States with fireworks, food, and flying the nation’s flag. Red, white, and blue stars and stripes found on everything from cupcakes to clothing. We see similar celebrations around high school graduation time; families blasting airhorns at commencement, throwing parties, decorating homes and cars in school colors, all to Read More

No Dice for California Indian Casinos?

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If you have ever ventured onto the gaming floor of one of the many Indian casinos in California, you have likely been puzzled by the diceless craps tables, or the roulette games conspicuously missing the iconic ball-bearing wheel. These games are often wildly popular in casinos. The history behind these creative work-arounds lies in the origins of gambling in California, Read More

Another Win-Lose Situation: Reactions to SCOTUS decision in U.S. v. Bryant

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On June 13, 2016 in its decision on U.S. v. Bryant, the Supreme Court held that uncounseled tribal court convictions that are compliant with the Indian Civil Rights Act (ICRA), are predicate offenses under the Indian Country domestic assault habitual offender statute. 18 U.S.C. §117(a). Section 117(a) was enacted in response to the deplorably high rates of domestic violence against Read More

Increasing the Numbers: Effective Recruitment of Native American Law Students

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Editor’s Note: With the arrival of our Native American Interns Kele Bigknife (Michigan Law) and Heather Torres (UCLA Law), I asked a colleague at the University of San Diego how law schools were doing in attracting and keeping Native American law students. Was the Native American Bar increasing? I learned that law schools are still struggling to attract Native American Read More

Feds Did Not Work Overtime to Consult with Tribes in Developing the New Overtime Rule

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On May 23, 2016, the Department of Labor (DOL) published the final rule colloquially termed the “Overtime Rule” as part of the Fair Labor Standards Act (FLSA). The new rule raises the salary threshold for overtime exempt workers to $47,476 per year, requiring salaried employees paid less than this amount to be paid for overtime work regardless of their work Read More

Fee-to-Trust Rule Finalized

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Earlier this week, the Bureau of Indian Affairs (BIA) announced its Final Rule regarding title evidence for trust land acquisitions. Although it was originally intended to go into effect on April 15, 2016, as described in Trust Lands an Easier Target for Tribes, it extended the postponed the effective date to May 16, 2016 to review comments and make technical Read More

A Method to Expand Renewable Energy Capabilities on Indian Reservations

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California has committed to expanding the use of renewable energy in the state, with a goal of generating 33 percent of the state’s electrical energy from renewable sources by 2020. But, it may be missing an opportunity for expansion of the use of solar energy in Indian Country. Click here to read the full article. Read More