United States: Indigenous Peoples

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Article
Mining, Indigenous Consultation Rights, And Investment Treaty Protection
Five foundational ISDS decisions reveal how investment tribunals balance Indigenous consultation rights under ILO Convention 169 with treaty protections for foreign mining investors. This analysis examines the evolving legal framework governing State obligations, social license requirements, and the circumstances under which community opposition triggers treaty liability.
Worldwide International
CM
Crowell & Moring LLP
Article
Federal Court Rejects Education Department Policy Limiting Jay Treaty Student Aid Access
A federal court in New York struck down a U.S. Department of Education policy requiring American Indian students born in Canada to obtain immigration documents before receiving federal student aid. The decision affirms that Jay Treaty students cannot be subjected to additional documentation requirements not authorized by Congress, marking a significant victory for the Saint Regis Mohawk Tribe and Indigenous students nationwide.
United States Government
HK
Holland & Knight
Article
Ninth Circuit Upholds State And Tribal Authority Over Sports-Related Event Contracts
The U.S. Court of Appeals for the Ninth Circuit delivered a landmark ruling on Kalshi's challenge to Nevada gaming regulations, addressing whether federal commodity exchange law preempts state authority over sports-related prediction markets. The decision carries significant implications for Tribal gaming sovereignty and the traditional regulatory framework governing sports wagering across state and Tribal jurisdictions. As prediction market platforms continue to test legal boundaries, this case establishes
United States Government
HK
Holland & Knight
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