Articles Posted in Native American Law

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The Catawba Indian Nation brought a declaratory judgment action against the State (and Mark Keel) to determine the effect of the Gambling Cruise Act on its gambling rights. The circuit court granted summary judgment to the State, finding: (1) the Tribe's action was precluded by collateral estoppel and/or res judicata, and (2) the Gambling Cruise Act does not confer upon the Tribe the right to offer video poker and similar electronic play devices on its Reservation as the Act does not alter the statewide ban on video poker. The Tribe appealed. Upon review, the Supreme Court affirmed in part, and reversed in part: the circuit court's determination that the Gambling Cruise Act did not authorize the Tribe to offer video poker on its Reservation in contravention of the existing statewide ban on video gambling devices was affirmed; the Tribe's action was not precluded by collateral estoppel or res judicata, reversing this finding by the circuit court. View "Catawba Indian Nation v. South Carolina" on Justia Law

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This case involved a contest over the private adoption of a child born in Oklahoma to unwed parents, one of whom is a member of the Cherokee Nation. After a four day hearing in September 2011, the family court issued a final order on November 25, 2011, denying the adoption and requiring the adoptive parents to transfer the child to her biological father. The transfer of custody took place in Charleston, South Carolina, on December 31, 2011, and the child now resides with her biological father and his parents in Oklahoma. THe adoptive parents appealed. The Supreme Court affirmed the decision of the family court which denied the adoption and awarded custody to the biological father. View "Adoptive Couple v. Cherokee Nation" on Justia Law