mcgirt

Since the U.S. Supreme Court’s decision in McGirt v. Oklahoma in which the court found that Congress had never disestablished the Muscogee Nation’s reservation, several more criminal cases have materialized involving the interpretation of Tribal jurisdiction on reservations outside of the Five Tribes (Cherokee, Chickasaw, Choctaw, Muscogee, and Seminole). One case in particular, Oklahoma v. Brester, involved crimes committed on the Peoria and Ottawa reservations and therefore should be tried in federal court given that the Tribe’s 1867 Treaty boundaries remain intact. Indian Law & Gaming Practice Group Chair Mike McBride represents the Peoria Tribe of Indians of Oklahoma before the Oklahoma Court of Criminal Appeals and the district court. Mike discusses the history of the Peoria Tribe’s terminated, but later restored, federal relationship, and how the decision in Brester affirmed that the reservations had never been disestablished and the Peoria Tribe’s significant powers over the reservation remain intact.

About Mike McBride

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On June 29, 2022, in Oklahoma v. Castro-Huerta, the U.S. Supreme Court held in a 5-4 decision that the state of Oklahoma had concurrent jurisdiction with the federal government to prosecute crimes committed by non-Indians against Indians in Indian Country. Indian Law & Gaming Practice Group Chair Mike McBride and associate Greg Buzzard discuss the importance of the change in composition to the Supreme Court between McGirt and Castro-Huerta, including the court’s decision to apply the Bracker balancing test for the first time in a criminal law case. They also examine the potential impact of the decision on states with considerably different Tribal jurisdictions and demographics to those in Oklahoma.

About Mike McBride and Greg Buzzard

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As we inch closer to the second anniversary of the U.S. Supreme Court’s landmark ruling in McGirt v. Oklahoma, issues regarding tribal, federal and state jurisdiction continue to make headlines. Indian Law & Gaming Practice Group member Greg Buzzard and Taxation Practice Group member Jeffery D. Trevillion Jr. examine a recent administrative law judge’s ruling in favor of tax immunity for tribal citizen Alicia Stroble and discuss the implications for state income tax revenue if the ruling is ultimately upheld.

About Greg Buzzard and Jeffery D. Trevillion Jr.

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In July 2020, the U.S. Supreme Court decided McGirt v. Oklahoma, in which it held the Muscogee (Creek) Nation was never disestablished by Congress and therefore remains “Indian country” under federal law for purposes of criminal jurisdiction. At the time, Chief Justice Roberts wrote in his dissent that the decision had the potential to create “significant uncertainty” regarding environmental regulation in Oklahoma. The U.S. Environmental Protection Agency (EPA) entered the fray last month when it issued a notice and request for comment concerning the reconsideration of its October 2020 confirmation of Oklahoma’s EPA-approved environmental regulatory programs. Energy, Environment & Natural Resources Practice Group member Tim Sowecke discusses the history of federal environmental regulations between states and tribes, including the “Midnight Rider” provision that was inserted into a 2005 transportation bill, and provides clarity on what stakeholders and the business community can expect when trying to alleviate the uncertainty surrounding McGirt and its impact on Oklahoma’s environmental regulations.

About Tim Sowecke

International Boxing Hall of Fame inductee & trainer James “Buddy” McGirt breaks down the upcoming Tyson Fury vs. Deontay Wilder third clash on Saturday, October 9 at T-Mobile Arena in Las Vegas, live on pay-per-view. McGirt also analyzes the November 6th blockbuster pay-per-view featuring Canelo Alvarez and Caleb Plant, talks Joshua-Usyk and more. Plus, hosts Kenneth Bouhairie and Michael Rosenthal recap last weekend’s action, discuss the Fury-Wilder 3 undercard and list their top five heavyweights today.

For show notes and more info, click here: https://www.premierboxingchampions.com/podcast 

Since our last discussion over the heavily debated decision in McGirt v. Oklahoma, new challenges to state and federal jurisdiction regarding both criminal and civil matters have arisen. Indian Law & Gaming Practice Group members Jennifer N. Lamirand and Greg Buzzard examine several recent cert petitions filed with the U.S. Supreme Court in an effort to overturn the McGirt ruling, and why it is unlikely that the court will intervene. 

About Jennifer N. Lamirand and Greg Buzzard

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On July 9, 2020, the U.S. Supreme Court ruled that the Muscogee (Creek) Nation reservation had never been disestablished, creating a jurisdictional shift in criminal law matters and leaving many unanswered questions regarding civil regulatory issues. One year later, a number of these issues—such as taxes for tribal citizens—have gone unresolved. Indian Law & Gaming Practice Group members Jennifer N. Lamirand and Greg Buzzard explain the history and impact of McGirt v. Oklahoma, and why it will be referenced on matters of legal reform for years to come.

About Jennifer N. Lamirand and Greg Buzzard

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We talk with our guest from The McGirt Show on BlogTalkRadio.com about how he came up with the idea of his show to help his listeners enrich and empower their lives. We delve into Mr. McGirt's  love for Obama and his disdain for President Trump. 

We also talk about now former Miss Michigan, Kathy Zhu losing her crown for what were seen as offensive tweets sent from her.

In this new era of cost containment in medicine, adding over $1,000 to the cost of a procedure sounds fiscally irresponsible. A group of new studies about post op infection rates provide new insights into this critical issue as contributing commentator, Jay Mabrey, M.D., MBA, CPE explains.