Wash. SCT Decides Outsource Servs. Mgmt. v. Nooksack Bus. Corp.

Here is the opinion.

An excerpt:

Washington State courts have jurisdiction over civil cases arising on Indian reservations as long as it does not infringe on the sovereignty of the tribe. At issue in this case is whether Washington State courts have jurisdiction over a civil case arising out of a contract in which the tribal corporation waived its sovereign immunity and consented to jurisdiction in Washington State courts. We hold that it does not infringe on the sovereignty of the tribe to honor its own corporation’s decision to enter into a contract providing for jurisdiction in Washington State courts.

Briefs and other materials here.

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

Useful Scholarly Materials on RFRA, the Eagle Act, and Hobby Lobby

I urge readers to check out two papers by Kati Kovacs at Rutgers Law School. She formerly worked in DOJ ENRD. She just published Eagles, Indian Tribes, and the Free Exercise of Religion is available online, http://digitalcommons.lmu.edu/cgi/viewcontent.cgi?article=2863&context=llr, and has a forthcoming piece on Hobby Lobby and the Eagle Act, entitled Hobby Lobby and the Zero-Sum Game, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2484613.

Posted in Author: Matthew L.M. Fletcher, cultural resources, Scholarship, Supreme Court | Tagged , , , | Leave a comment

MSU Law Alum (Erin Oliver) Named to Indiana Native American Indian Affairs Commission

Congrats to Erin!!!!

Here:

Native American Indian Affairs Commission

  1. John Warren (St. Joseph County), appointed to serve a four-year term through July 31, 2018.  Mr. Warren will also serve as Chairman.
  2. John Boyd (Hamilton County), appointed to serve a four-year term through July 31, 2018
  3. Nathan Underwood (Floyd County), appointed to serve a four-year term through July 31, 2018
  4. Shannon-Marie Turner (Morgan County), appointed to serve a four-year term through July 31, 2018
  5. Erin Oliver (Tippecanoe County), appointed to serve a four-year term through July 31, 2018
  6. Kenneth Eagle (Starke County), appointed to serve a four-year term through July 31, 2018
  7. Tracy Locke (Tippecanoe County), appointed to serve a four-year term through July 31, 2018
  8. Catherine “Katie” Morris (Dearborn County), appointed to serve a four-year term through July 31, 2018
Posted in Author: Matthew L.M. Fletcher | Tagged , | Leave a comment

12th Annual Northwest Gaming Law Summit

Here:

12th Annual Northwest Gaming Law Summit Brochure

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

Seattle Law School Symposium: “The Future of Trust Administration” — October 3, 2014

Here is the conference website.

Agenda here. Blurb:

We are witnessing a convergence of several factors that could substantially alter the course of future trust administration. Tribal leaders and resource managers are gaining recognition, respect, access to capital, and political clout. The Secretarial Commission on Trust Administration and Reform issued its report and recommendations in December, 2013. The fiscal challenges confronting the federal government have already dramatically altered workforces and budgets for domestic discretionary programs, which includes the programs charged with carrying out the trust responsibility. External forces beyond the boundaries of Indian Country continue to adversely affect the environment and threaten the ability of tribes to access and utilize resources that are vital to sustaining their cultures and economies. The opportunity to significantly improve the benefits that tribal communities can gain from sound management of their natural resource heritage is fleeting. The time is ripe for creative, thoughtful exploration of alternative futures for trust administration and resource stewardship.

The Symposium will facilitate multi-party dialogue regarding alternative futures for trust administration with the goal of developing actionable recommendations as well as providing the basis for new scholarship to support the recommendations.

Lots of Indian law rockstars here!

Posted in Author: Matthew L.M. Fletcher, Symposia, trust relationship | Tagged , | 1 Comment

Federal Court Affirms that Tribal Cops Working under BIA Contract May Be Federal Officers for Certain Purposes

Here are the materials in United States v. Janis (D. S.D.):

27 Motion to Dismiss

30 US Response

43 DCT Order

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

Federal Court Affirms Arbitration Provision in Tribal Payday Lending But Won’t Order Arbitration Outside of Federal District

Here are the materials in Achey v. BMO Harris Bank (N.D. Ill.):

15 Bank Motion to Transfer Case

29 Bank Motion to Compel Arbitration

33 Bank Motion to Dismiss

39 Response to Motion to Transfer

40 Response to Motion to Compel Arbitration

41 Response to Motion to Dismiss

60 DCT Order

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

Three Remanded for ICWA Notice Deficiency Cases out of California

Cases from the Second District, the Fourth District and the First District.

From the Second District:

Before the next scheduled hearing on January 31, 2013, DCFS submitted the following documents to the court: signed return receipts for the entities noticed; a letter from the Bureau of Indian Affairs acknowledging receipt of the ICWA notice but indicating it does not determine tribal eligibility; a letter from the United Keetoowah Band of Cherokee Indians in Oklahoma declining to intervene in the case because there was no evidence T.M. was a descendant of anyone on the Keetoowah Roll based on the information supplied; a letter from the Cherokee Boys Club, Inc., on behalf of the Eastern Band of Cherokee Indians, declining to intervene in the case because T.M. was neither registered nor eligible to register as a member of the tribe based on the information supplied; and a letter from the Cherokee Nation seeking further information. The Cherokee Nation letter asked DCFS to “verify correct spelling of maternal great great grandmother Lual Made [D.], also need her date of birth. Relationship of Eleonora [H.] to the above named child. [¶] We need dates of birth for everyone involved, their relationship to the child or children in question, and maiden names of all females listed. It is impossible to validate or invalidate this claim without more complete information.” (Boldface and capitalization removed.)

At the January 31, 2013 hearing, which was presided over by a different hearing officer than Commissioner Lewis, the court stated the tribes were properly noticed and it had received letters back from the tribes indicating T.M. was not an Indian child. The court found the ICWA did not apply. The court did not acknowledge the Cherokee Nation’s request for further information.

Just spit balling here, but maybe the reason Cherokee Nation puts part of its response in BOLDFACE CAPITALIZATION is to help a state court out, so it doesn’t find ICWA doesn’t apply when it might.

Posted in Author: Kate E. Fort, Child Welfare, ICWA, Research, Scholarship | Tagged , , , , , , , , | Leave a comment

Eleventh Circuit Rules in Favor of Seminole Tribe in Title VII Matter

Here is the unpublished opinion in Mastro v. Seminole Tribe:

Mastro v Seminole

Briefs here.

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

Hopi Seeks Pro Tem Judge

Here. And here.

Posted in Author: Matthew L.M. Fletcher, jobs, tribal courts | Tagged , , | Leave a comment