Berkey Williams 2015 Indian Law Fellowship


Fellowship – BW Public Interest 2015

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

AT&T Sues Oglala Sioux Utility Commission over “Traffic Pumping”

Here is the complaint in AT&T v. Oglala Sioux Tribe Utility Commission (D. S.D.):


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Wisconsin Judicare Job Posting


DESCRIPTION Wisconsin Judicare’s Indian Law Office has an opening in Wausau beginning in mid-January for an additional attorney to represent Native American individuals and groups on a variety of issues including criminal defense representation in tribal courts and Indian law litigation in tribal and state courts. Wisconsin Judicare is a non-profit legal services law firm serving northern Wisconsin where there are 11 Indian reservations.

DUTIES (1) Maintain caseload on behalf of Indian individuals and groups;       (2) Participate in tribal court development and community education projects; and (3) Carry out training and back-up assistance to private attorneys.

QUALIFICATIONS (1) Admission to practice law in Wisconsin; (2) Good communications skills; and (3) Knowledge of Native American issues preferred.

SALARY DOE. There are excellent fringe benefits.

APPLICATION PROCEDURE Please submit resume, writing sample and 3 references to David Armstrong, Director, Indian Law Office, Wisconsin Judicare, P.O. Box 6100, Wausau, WI 54402 or at For inquiries call David at 1-800-472-1638 ext. 309.


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

SSRN Indigenous Nations & Peoples Law eJournal Now Hosted by MSU

As some of you may know, Michigan State’s Indigenous Law and Policy Center now hosts the SSRN Indigenous Nations & Peoples Law eJournal, which posts scholarly articles on Indian law and policy as well as scholarly papers on Indigenous peoples’ law and policy worldwide. Check it out.

We couldn’t do this without the resources donated by the Kanji & Katzen firm. Chi-miigwetch!

Chi-miigwetch also to Carrie Garrow at Syracuse law school (the previous host) for helping us with this transition.

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Federal Court Invalidates Part 291 Secretarial Procedures in Pojoaque Pueblo Case

Here are the materials in State of New Mexico v. Dept. of Interior (D. N.M.):

37 Interior Motion for Summary J

39 New Mexico Motion for Summary J

40 Pojoaque Opposition

41 New Mexico Opposition

42 Interior Opposition

43 Pojoaque Reply

44 Interior Reply

46 New Mexico Reply

48 DCT Order

An excerpt:

Plaintiff State of New Mexico challenges the Department of the Interior and the Secretary of the Interior’s legal authority to implement regulations found in 25 C.F.R. § 291 (“Secretarial Procedures” or “Part 291 regulations”). The Secretarial Procedures, if adopted, would allow the Pueblo of Pojoaque to conduct Class III gaming on its reservation. New Mexico asks this Court to declare the Secretarial Procedures invalid because they conflict with the unambiguous terms of the Indian Gaming Regulatory Act (“IGRA”), 25 U.S.C. § 2701 et seq. and violate New Mexico’s sovereign immunity under the Eleventh Amendment.

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

The Advocate (Idaho State Bar Journal) Special Issue on Indian Law

Here (adv14oct).

TOC here:

Section Articles

Welcome From the Chair of the Indian Law Section
Helaman “Helo” Hancock

Why Applying the Indian Child Welfare Act is Worth the Hassle
Julie Sobotta Kane

It’s Worth the Hassle Part II: How Does the Baby Veronica Case Impact Cases Involving Indian Children?
Prof. Elizabeth Barker Brandt

U.S. Supreme Court Upholds Tribal Sovereign Immunity, Again
William Barquin

Guilty Again? The Use of Tribal Court Guilty Pleas in Federal Court
Jason Brown

Idaho Tribal State Court Forum Finds Common Ground Among State and Tribal Courts
Hon. Gaylen L. Box

The Coeur d’Alene Tribe’s Claims in the Coeur d’Alene-Spokane River Basin Adjudication
Dylan R. Hedden-Nicely

The Coeur d’Alene Tribe’s Enduring Relation to Water — A Legal History
Dylan R. Hedden-Nicely

A Tradition of Excellence in Native American Law at the University of Idaho College of Law
Prof. Angelique EagleWoman

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

Utility Company Sues to Be Excused from Exhausting Tribal Remedies at Blackfeet

Here is the complaint in Glacier Electric Coop. Inc. v. Gervais (D. Mont.):

1 Complaint

1-2 Tribal Court Complaint

From the complaint:

The Tribal Court plainly lacks jurisdiction over the Lawsuit because the Tribal Court, and Blackfeet Tribe, lack subject matter and personal jurisdiction over Plaintiffs.

From the tribal court complaint:

A public utility may not use its privileged position, in conjunction with the demand, which it has created, as a weapon to control rates by threatening to discontinue that part of its service, if it does not receive the rate demanded.

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

Summary Judgment Materials in Bivens Action by Estatet of Deceased Indian Graverobber

Here are the materials in Estate of Redd v. Love (D. Utah):

60-1 Motion to Dismiss

64 Opposition

69 Reply

76 DCT Order on Summary J

An excerpt:

This case arises following the tragic suicide of Dr. James D. Redd after his arrest for trafficking in stolen Native American artifacts, theft of government property, and theft of tribal property. The Estate of Dr. Redd brings this Bivens action against Bureau of Land Management (BLM) Agents Daniel Love and Dan Barnes. The Estate of Dr. Redd asserts that Agent Love and Agent Barnes violated Dr. Redd’s constitutional rights [2]  by: (1) providing false information to obtain a warrant for Dr. Redd’s arrest and authorizing a search of his home; (2) using the illegally obtained search warrant to search Dr. Redd’s home; (3) using excessive force against Dr. Redd primarily by sending approximately 140 agents, many of whom were heavily armed and clothed in flak jackets, to raid and search Dr. Redd’s home; (4) violating Dr. Redd’s equal protection rights; and (5) violating Dr. Redd’s right to due process.

Defendants move to dismiss, arguing qualified immunity shields them from Dr. Redd’s claims. After careful consideration and for the reasons stated below, the court finds that Agent Love and Agent Barnes are entitled to qualified immunity on Plaintiffs’ first, second, fourth, and fifth causes of action because Dr. Redd has failed to allege enough facts to state a claim for relief that is plausible on its face. But, the court finds that Dr. Redd has pleaded facts that, if true, are sufficient to show that officials violated Dr. Redd’s clearly established constitutional right of protection against excessive force when Defendants employed between about 80 to 140 agents to raid and search Dr. Redd’s home.


In January 1996, the Redds visited and collected Native American artifacts from an area they believed to be privately owned. Unbeknownst to the Redds, the BLM map they relied on was inaccurately drawn. The Redds were, in fact, collecting Native American artifacts from Cottonwood Wash, a Hopi ancestral burial ground. The Redds were arrested and charged with desecration of a human body. The arrest ultimately resulted in Mrs. Redd entering an Alford Plea in which she admitted no criminal conduct, and agreed to pay $10,000 to settle a civil suit related to the act. The state dropped all charges against Dr. Redd.


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

Tenth Circuit Issues Decision in Susan Rose Disciplinary Saga

Here is the opinion in Lyman v. MacArthur:

CA10 Opinion

And the brief:

Susan Rose Brief

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

Bolivia in the process of passing a law that will give the Earth legal rights

The law was drafted by a group that includes the country’s 36 indigenous peoples. It is expected to pass and become law. More here.

Posted in Author: Ann Tweedy, Environmental, News | Tagged , , , | Leave a comment