The 1916 Washington Supreme Court decision in State v. Towessnute opens with the words, “The prior occupancy of American soil by the Indian tribes did not vest them with sovereignty or any title to the land that was ever recognized by the white race, the Indian being merely an occupant with possessory uses for subsistence, and a favored ward of the Federal government.”
Then it gets worse…
The Supreme Court decision of Janus v. American Federation of State, County, and Municipal Employees, Council 311 is reverberating through state bars across the country. Along with the Washington Supreme Court’s “comprehensive review of the structure of the bar,” it’s easy for Washington legal professionals to wonder: How will this affect me and my work? […]
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A recent decision by the U.S. Supreme Court over a land dispute between two Skagit County land owners and the Upper Skagit Indian Tribe provided some clarification on an earlier Washington Supreme Court precedent, but left open a much larger question concerning tribal sovereign immunity.
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Help has arrived for health care providers who are fed up with the burdens and delays of credentialing with multiple health carriers in the state of Washington. Beginning this year, a new law should address two significant problems that have long plagued the credentialing process, which is the method insurance carriers use to ensure that […]
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If your mail seems a little heavier than usual, there’s a reason: the June 2015 NWLawyer is our biggest single issue ever, at a whopping 80 pages! So what will you find inside this issue?
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In February, the Treaty of Ghent marked its 200th birthday. The peace treaty was signed on Christmas Eve, 1814, and was ratified by the U.S. Senate on Feb. 16, 1815, ending the War of 1812.
Read More…Read three examples of how tribal common law can lead to results differing from those reached under state law. If you are unfamiliar with tribal courts, you may be surprised to hear they apply tribal customs and traditions to resolve legal disputes. Indeed, I find this is one of the most interesting parts of working […]
Read More…Review the Court’s reasoning and learn what comes next for the parties in Adoptive Couple v. Baby Girl. Remember that your children are not your own, but are lent to you by the Creator. — Native American Proverb The story of 4-year-old Baby Veronica in Adoptive Couple v. Baby Girl, 2013 WL 3184627 was lost […]
Read More…SCOTUS explores the intersection of state adoption law and the Indian Child Welfare Act. UPDATE: On June 25, 2013, in a 5-4 opinion, SCOTUS ruled that under these facts, ICWA did not block the adoption of Baby Girl by a non-Indian couple. Read the opinion in Adoptive Couple v. Baby Girl. — How is “Parent” […]
Read More…Learn how marijuana legalization affects DUI laws and investigations. One of the many myths surrounding the passing of Initiative 502 was that for the first time, it became illegal to drive under the influence of marijuana. Truth is, it has always been illegal to drive under the influence of any intoxicating substance, whether that is […]
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