Catholic Nuns Critical of Doctrine of Discovery

Here is “Nuns Blast Catholic Church’s ‘Doctrine Of Discovery’ That Justified Indigenous Oppression.

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

Blast from the Past: The Miss. Band Choctaw v. Holyfield’s Ultimate Outcome (1991)

Marcia Coyle reported on what happened after the Supreme Court held that the tribal court had exclusive jurisdiction over the twins. Here is that article:

Coyle_After the Gavel Comes Down_NLJ_1991

Posted in Author: Matthew L.M. Fletcher, ICWA, News, Supreme Court | Tagged , , | Leave a comment

Upcoming Webinar and RFP for Joint Jurisdictional Collaborations

On Wednesday, January 7, 2014 at 3 p.m. eastern time, members of Project TEAM (Together Everyone Achieves More) will present a webinar on tribal-state collaboration.


BJA, in partnership with the Center for Evidence-Based Policy at Oregon Health & Science University (OHSU), released the attached webinar and RFP for joint jurisdictional collaborations. There is much excitement with this next round of funding and tribal and state inquiries are beginning to grow.

PROJECT Team staffed by Justices Korey Wahwassuck and John P. Smith who created the first joint jurisdictional court between the Leech Lake Band of Ojibwe and Cass County District Court in Minnesota are working with other tribal-county teams to help develop and implement joint jurisdictional collaborations. This past year, PROJECT Team worked and mentored a team of the Shingle Springs Rancheria-El Dorado County to develop a tribal-state juvenile court with wrap-around services. The juvenile court is scheduled to start up Spring 2015.  The feedback from the tribe and county participants has been incredible. Cudos to Allison Leof the PROJECT Team lead, the Justices and Jennifer Fahey, the evaluator. The outcome of this work is for PROJECT Team to developing a guide for tribal-state-local communities to develop and implement joint jurisdictional collaborations.

Formal Announcement:

Webinar – TEAM Webinar Description FINAL and Revised Long Version 12-8-14

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D.C. District Court Overturns Decision to Remove Gray Wolf from Endangered Species List

Memorandum and Opinion (111 pages) and Order.

ORDERED that, because the rule Revising the Listing of the Gray Wolf (Canis lupus) in the Western Great Lakes (the “Final Rule”), 76 Fed. Reg. 81,666 (Dec. 28, 2011), is arbitrary and capricious and violates the Endangered Species Act of 1973, as amended, 16 U.S.C. §§ 1531
et seq., the Final Rule is VACATED and SET ASIDE; and it is further ORDERED that the rule in effect prior to the Final Rule vacated by this Order, namely, the rule regarding Reclassification of the Gray Wolf in the United States and Mexico, with Determination of Critical Habitat in Michigan and Minnesota, 43 Fed. Reg. 9607 (Mar. 9, 1978),
is REINSTATED to govern management of gray wolves in the nine states affected by the vacated Final Rule, pursuant to the Endangered Species Act;

Freep coverage here.

Posted in Author: Kate E. Fort, Great Lakes, News | Tagged , , , | Leave a comment

Summer Intern Position within the Office of General Counsel of the National Indian Gaming Commission


Summer Intern Position with NIGC 2015

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Eighth Circuit Rules Omaha Indian Reservation Not Diminished

Here is the opinion. An excerpt:

Based upon the record evidence, the district court in this matter has done just that–accurately discerned the contemporaneous intent and understanding of the 1882 Act. The court carefully reviewed the relevant legislative history, contemporary historical context, subsequent congressional and administrative references to the reservation, and demographic trends, and did so in such a fashion that any additional analysis would only be unnecessary surplus. Ever mindful to “resolve any ambiguities in favor of the Indians,” there is nothing in this case to overcome the “presumption in favor of the continued existence” of the Omaha Indian Reservation. Yankton Sioux Tribe, 522 U.S. at 344 (quotation omitted); Yankton Sioux Tribe v. Podhradsky, 606 F.3d 985, 991 (8th Cir. 2010) (quotation omitted).

Briefs here.

Lower court materials here.


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

AG Guidelines Stating Principles for Working with Federally Recognized Indian Tribes


79 Fed Reg 73905

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

Legal Aid of Nebraska Seeking DV Attorney for Native American Victims


Attention – Attorney Position Open

Legal Aid of Nebraska, a law firm providing free civil legal services to low-income persons, seeks an attorney to serve Native American victims of domestic violence in Western Nebraska.  Must be admitted to practice in Nebraska or have a Nebraska license pending, and be licensed or willing to become licensed in the Ponca, Winnebago, Omaha and Santee Tribal Courts. This position entails extensive travel throughout panhandle and Cherry counties.  Duties will include but will not be limited to: provide assistance to members of the Omaha, Ponca, Santee, and Winnebago and to other Native Americans who are victims of domestic violence primarily residing in the panhandle and Cherry counties. This position entails providing training to law enforcement; making community presentations;  conducting outreach to Native American victims of domestic violence; developing culturally appropriate materials providing legal information and information about Legal Aid of Nebraska’s Native American Project and domestic violence; fostering relationships with the Tribes, tribal members, domestic violence agencies and other service providers. The attorney in this position also provides quality and aggressive representation of low-income Native American domestic violence victims who are clients of LAN primarily in state court, and, engages in the day-to-day practice of law according to the priorities and practices set by Legal Aid of Nebraska.  Ideal candidate will possess expertise in the area of domestic violence and demonstrate skill in tribal court practice or connection to Native American issues.  This is a full-time position requiring a committed individual. Company cell phone and laptop will be provided.  Location in Scottsbluff, Nebraska.

Legal Aid of Nebraska offers excellent supervision, training and support, and state-of-the-art technology.  Loan assistance repayment may be available assuming eligibility for Legal Aid’s repayment program.  Experience-based competitive salary.  Excellent benefits package.  Please send resume, references, writing sample and cover letter via email to: Muirne Heaney, Legal Aid of Nebraska, Interim Director of Litigation and Advocacy, at  EOE.  Position open until filled.

Annette Farnan
Interim Executive Director

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

President Obama Officially Signs Law Repealing Alaska Exemption from VAWA Tribal Jurisdiction Provisions

Here is S. 1474.

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

Motions to Dismiss Pleadings in re: Wolfchild Land Claims

Here are the materials so far in Wolfchild v. Redwood County (D. Minn.):

120 First Amended Complaint

156 Redwood County Motion to Dismiss

164 Landowners Motion to Dismiss

165 Lower Sioux Community Motion to Dismiss

168 Episcopal Diocese Motion to Dismiss

185 Wolfchild Opposition

189 Lower Sioux Reply

190 Landowners Reply

191 Episcopal Diocese Reply

192 Redwood County Reply

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