Second Circuit Briefs in US v. Thomas (Former Mashantucket Pequot Chair)


Thomas Opening Brief

US Brief

Thomas Reply Brief TK

Lower court materials here.

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Federal Court Rules Tribal Officers Not Immune; Tort Claims May Proceed against Tribal Police (Black v. US)

This is the third ruling in Black v. United States (W.D. Wash.):

53 Joint Tribal Motion to Dismiss

69 Black Response

77 Joint Tribal Reply

83 DCT Order

Claims against the tribes are dismissed. The court dismissed Kitsap County here. And the US here.

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Voluntary Dismissal Order in Begay v. Begay


AZ Dist Ct Notice of Voluntary Dismissal

Prior posts here, here, and here.

Posted in Author: Matthew L.M. Fletcher, economic development, Research, sovereign immunity, tribal courts | Tagged , , , , , , | Leave a comment

Federal Court Enjoins Ho-Chunk Bingo as a Class III Game

Here are the materials in State of Wisconsin v. Ho-Chunk Nation (W.D. Wis.):

25 HCN Brief

22 Wisconsin Brief

29 Wisconsin Response Brief

32 Ho-Chunk Response Brief

35 DCT Order

An excerpt:

The state of Wisconsin has brought this case to enjoin defendant Ho–Chunk Nation from offering electronic poker at Ho–Chunk Gaming Madison (formerly DeJope), the Ho–Chunk Nation’s gaming facility in Madison, Wisconsin. The question raised in the parties’ cross motions for summary judgment is whether Ho–Chunk Nation’s poker game violates a compact with the state. The answer to that question turns on whether electronic poker qualifies as a “class II” or “class III” game under the Indian Gaming Regulatory Act. Class III games are prohibited by the compact except under certain conditions not present in this case, but class II games are permitted. Because I conclude that Ho–Chunk Nation’s electronic poker game is a class III game, I am granting the state’s motion for summary judgment and denying Ho–Chunk Nation’s motion.

Posted in Author: Matthew L.M. Fletcher, gaming, IGRA, Research | Tagged , , | Leave a comment

Montana Law School Posting for Indian Law Professor

Best place to live and teach in the U.S.: The University of Montana School of Law anticipates hiring a full-time, tenure-track professor beginning in the 2015-2016 academic year to supervise the Indian Law Clinic and teach Indian law and related courses. With twelve Tribal Nations, you can teach where Indian law issues arise, at a school that emphasizes Indian law. Situated in the recreational center of Western Montana, we have a vibrant faculty, a close connection with students and the Bar, and a beautiful new building. Missoula is home to renowned artists and outdoor enthusiasts, and a wonderful place for families. We encourage applications from people historically underrepresented in the profession.

Tenure Track Faculty:  Indian Law/Clinic Supervisor Position

Title: Assistant Professor
Position Type: Academic
Closing Date: Screening begins 9/12/2014; applications accepted until further notice or the position is filled
Full time academic year position (10 month contract) beginning fall semester 2015
Entry Rate: $72,000 – $76,000
Benefits: Medical Insurance/Mandatory Retirement Contribution/Professional Development/Partial Tuition Waiver/Wellness

Primary Duties: Primary duties include teaching (both clinical and course work), scholarship, and service.


  • Juris Doctorate degree from an ABA-accredited law school
  • superior academic background
  • substantial practical experience in Indian law
  • potential for effective teaching and scholarship
  • interest in working with students in a clinical setting
  • ability to communicate effectively throughout Indian Country
  • ability to work collegially with students, staff, faculty, and external constituencies of the school
  • creativity, resourcefulness, fairness, compassion, and initiative

Preferred qualifications also include:

  • relevant experience in tribal, state, or federal courts
  • teaching experience
  • ability to develop clients, lead programs, and recruit/mentor Native American students


Must gain admission to the State Bar and tribal courts where clinical work arises.




Apply online only at Afull position description and application instructions are available online.

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NAICJA Seeks 2014 Award Nominations — Deadline AUGUST 29, 2014

The National American Indian Court Judges Association (NAICJA) Board of Directors is soliciting nominations for four (4) NAICJA awards:  the Lifetime Achievement Award, the Judicial Excellence Award, the Court Support Excellence Award and the Outstanding Service Award. The award criteria are detailed in the attached 2014 NAICJA Awards Solicitation document.  Please use the 2014 NAICJA Award Nomination form to make nominate an individual. Nominations close: August 29, 2014.  The awards will be announced and presented at the 45th National Tribal Judicial and Court Clerks Conference on October 7-10, 2014 at the Cherokee Nation’s Hard Rock Tulsa in Catoosa, OK.  For more conference information see:

Last year’s inaugural award winners were: Chief Justice Michael Petoskey (Pokagon Band of Potawatomi Tribal Court) (Lifetime Achievement Award), Chief Judge Richard Blake (Hoopa Tribal Court) (Judicial Excellence Award) and Dean Stacy Leeds (University of Arkansas School of Law, former Chief Justice, Cherokee Nation Supreme Court) (NAICJA Service Award.) The Court  Support Excellence Award is new for 2014.

2014 NAICJA Award Solicitation

NAICJA 2014 Award Nomin form_fillable pdf

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International Leonard Peltier Defense Committee Report to U.N. Committee on the Elimination of Racial Discrimination



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Omaha Tribe Chief Judge Posting


POSITION                           :                   Chief Tribal Judge

SALARY                               :                   Negotiable

OPENING DATE                 :                   April 21, 2014

CLOSING DATE                  :                   May 2, 2014

LOCATION                          :                   Omaha Tribal Court

Omaha Tribe of Nebraska

Macy, NE  68039

Continue reading

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August 2014 Tribal Court Training Conference — August 13-15, 2014


TCAP Save the Date

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Center for American Progress Report on American Indian Mascots

Here is “Missing the Point: The Real Impact of Native Mascots and Team Names on American Indian and Alaska Native Youth:” StegmanAIANmascots-reportv2

An excerpt:

Although the debate over the Washington football team may rage on until either the NFL or the team’s owner, Dan Snyder, finally does the right thing and changes the name, there are many things that can be done right now to support AI/AN students in schools that perpetuate harmful stereotypes. Instead of debating merchandise economics and fan sentimentality, it is time to get to the point in this debate and to stop the harm that racist mascots and team names do to AI/AN youth.

Posted in Author: Matthew L.M. Fletcher, cultural resources, Education, Research | Tagged | Leave a comment