Estom Yumeka Maidu Tribe of the Enterprise Rancheria Sues California for Failure to Negotiate in Good Faith Under IGRA

Here is the complaint in Estom Yumeka Maidu Tribe of the Enterprise Rancheria v. California (E.D. Cal.):

1 Complaint

An excerpt:

This is an action brought under the Indian Gaming Regulatory Act (“IGRA”), 25 U.S.C. § 2710(d)(7)(A)(i), to compel Defendant the State of California (the “State” or “California”) to comply with IGRA’s requirement that it negotiate in good faith with Plaintiff Estom Yumeka Maidu Tribe of the Enterprise Rancheria (“the Tribe”) for the purpose of entering into a tribal-state gaming compact pursuant to IGRA.

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

Termination ICWA Case Out of Texas Court of Appeals

Here.

The opinion is 28 pages long and the court addresses notice (actual notice was sufficient even if not strictly ICWA compliant), active efforts (happened), state law requirements (harmonious with ICWA), standard of proof (met), jury instructions (adequate), expert witness testimony (was interesting) . . .

Having viewed the evidence in the light most favorable to the verdict, we conclude that the Department proved beyond a reasonable doubt that (1) active efforts have been made to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family and that these efforts have proved unsuccessful, (2) that the continued custody of K.S. by D.S. is likely to result in serious emotional or physical damage to K.S., and that (3) the finding is supported by testimony from an expert witness. See 25 U.S.C.A. §§ 1912(d), (f); Jackson, 443 U.S. at 319, 99 S. Ct. at 2789.

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

Federal Bankruptcy Court Holds Congress Abrogated Tribal Immunity in Bankruptcy Act

Here are the materials in In re Greektown Holdings LLC (E.D. Mich. Bkrcy.):

453 SSM Renewed Motion to Dismiss

463 Opposition

469 SSM Reply

474 Bankruptcy Court Order

An excerpt:

 

In sum, although Indian tribes have a “thumb on the interpretive scale” tending to tip the balance in their favor in the event of an ambiguity or lack of clarity, that does not come into play because, in this Court’s view, Congress sufficiently, clearly, and unequivocally intended to abrogate their sovereign immunity in the subject statute.

 

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

Materials in Effort to Partition Indian Allotment

Here are the materials so far in Haeker v. United States Government (D. Mont.):

21 US Motion to Dismiss

22 Response

23 US Reply

24 MJ R&R

An excerpt:

Plaintiff Kurt Haeker (“Haeker”) seeks to partition his undivided fee interest in land within Indian Allotment 3316 on the Crow Indian Reservation. See Second Amend. Cmplt (ECF 19). The United States holds the legal title to the remaining undivided legal interest in trust for the benefit of several individual Indian allottees.
Pending is the United States’ motion to dismiss for lack of subject matter jurisdiction. ECF 20. Having considered the parties’ arguments and submissions, the Court makes the following findings and recommends that the motion be granted.
Posted in Author: Matthew L.M. Fletcher, Research | Tagged , , | Leave a comment

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 , | 1 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