NATIVE LAW Court of Appeals for the 9th Circuit (2023) Allyson Barkley In Metlakatla Indian Community v. Dunleavy, 58 F.4th 1034 (9th Cir. 2023), the Ninth Circuit affirmed the non-exclusive right of the Metlakatla Indian Community to fish in its traditional off-reservation fishing waters. (Id. at 1037). The Metlakatlans have lived and fished in and Continue Reading »
NATIVE LAW Supreme Court of Alaska (2023) Catherine Cole In Taryn M. v. Department of Family & Community Services, Office of Children’s Services, 529 P.3d 523 (Alaska 2023), the supreme court held that (1) under the Indian Child Welfare Act (ICWA), the Office of Children’s Services (OCS) must prove a caretaker’s unsuitability by clear and Continue Reading »
NATIVE LAWSupreme Court of Alaska (2022)Sarah CouillardIn Native Village of Chignik Lagoon v. State, Department of Health & Social Services, 518 P.3d708 (Alaska 2022), the supreme court held that a child’s tribe for the purposes of the IndianChild Welfare Act (ICWA) is either a tribe of which the child is a member, or a tribe Continue Reading »
NATIVE LAWUnited States District Court, District of Alaska (2022)Kristiana OlsonIn Southcentral Foundation v. Alaska Native Tribal Health Consortium, 2022 WL 2834283 (D.Alaska 2022), the district court held that a tribal healthcare organization was entitled to privilegeddocuments relating to its governance and participation rights in Alaska Native Tribal HealthConsortium (ANTHC). (Id. at *14). ANTHC is a Continue Reading »
NATIVE LAWSupreme Court of Alaska (2022)Sam MacDuffieIn State, Department of Health & Social Services v. Cissy A., 513 P.3d 999 (Alaska 2022), thesupreme court found that although the Indian Child Welfare Act (ICWA) does not require culturalexpert testimony in every case, the lower court did not err by finding specific cultural testimonyinsufficient in two cases. Continue Reading »
NATIVE LAW/FAMILY LAW Supreme Court of Alaska (2022) Robert Bulka In Mona J. v. State, Department of Health & Social Services, 511 P.3d 553 (Alaska 2022), the supreme court held that while a lack of parental cooperation with the Office of Children’s Services (OCS) does not justify making only passive efforts to provide remedial services Continue Reading »
NATIVE LAW United States Court of Appeals, Ninth Circuit (2022) Connor Sakati In Metlakatla Indian Community v. Dunleavy, 48 F.4th 963 (9th Cir. 2022), the Ninth Circuit held that Alaskan fishing regulations limiting fishers from entering a fishery are inapplicable to the Metlakatla Indian Community, because these regulations would violate the community’s right to fish traditional Continue Reading »
NATIVE LAW Emma Giusto In Scudero v. State, 496 P.3d 381 (Alaska 2021), the supreme court held that an Alaska Native’s fishing rights did not exempt him from the State’s fishing regulations. (Id. at 383). Scudero, a member of the Metlakatla Indian Community, was charged with not having a fishing permit, fishing in closed waters, Continue Reading »
NATIVE LAW Emma Giusto In Ahtna, Inc. v. Department of Natural Resources, 2021 Alas. LEXIS 26 (Alaska, Mar. 12, 2021), the supreme court held that (1) the Alaska Native Claims Settlement Act (ANCSA), 43 U.S.C. §§ 1601–1629h extinguished aboriginal title and retroactively validated the State’s right of way over Native land, and (2) the right Continue Reading »
NATIVE LAW, FAMILY LAW Mary Beth Barksdale In Walker E. v. State, Department of Health & Social Services., Office of Children’s Services, 480 P.3d 598, 607 (Alaska 2021), the supreme court upheld the termination of parental rights under the Indian Child Welfare Act (ICWA) and AS 47.10 where the Office of Children’s Services (OCS) had Continue Reading »
