Monthly Archives: January 2009

Georgetown Law Journal Article on IGRA and Sovereign Immunity

Courtney J.A. DaCosta has published “When ‘Turnabout’ is Not ‘Fair Play’: Tribal Immunity under the Indian Gaming Regulatory Act” in the Georgetown Law Journal. An excerpt: This Note argues that federal courts have interpreted tribal immunity broadly under IGRA; that … Continue reading

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Filed under Author: Matthew L.M. Fletcher, gaming, Scholarship, Supreme Court

Alaska Supreme Court Decides ICWA Case

The Alaska Supreme Court affirmed the termination of parental rights of a parent from the Native Village of Barrow. Here is the opinion in Marcia V. v. State of Alaska.

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Filed under Author: Matthew L.M. Fletcher, Research

Gun Lake Band Parcel Put Into Trust

From Indianz: After a lengthy court battle, the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians, also known as the Gun Lake Tribe, finally has a place to call home. The tribe celebrated after the Bureau of Indian Affairs placed 147 acres into … Continue reading

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Filed under Author: Matthew L.M. Fletcher, fee to trust, gaming, Michigan Indian, News

Congrats to Hank Bailey — Nice Elk

From the Leelanau Enterprise: Hank Bailey wanted to become the first member of the Grand Traverse Band of Ottawa and Chippewa Indians to kill a bull elk with a muzzle loader.HANK BAILEY: with the elk he shot. He figures Michigan’s … Continue reading

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Filed under Author: Matthew L.M. Fletcher, Michigan Indian, News, treaty rights

NMAI To Put Collection Online

From the Washington Post: Going to Meet Its Public Indian Museum Will Put Entire Collection Online Jacqueline Trescott Washington Post Staff Writer Friday, January 30, 2009; Page C01 Even with three locations in its empire, the National Museum of the … Continue reading

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Filed under Author: Kate E. Fort, News, Research

Cook v. Avi Casino Enters. — Trouble?

The Cook v. Avi Casino Enterprises cert petition has a reasonable chance of being granted. There are a bunch of factors that support the petitioners, and a bunch that don’t. The case involves dram shop actions against tribal casinos. I’d … Continue reading

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Filed under Author: Matthew L.M. Fletcher, gaming, Research, sovereign immunity, Supreme Court

Hyde v. Fisher — Idaho Court of Appeals Keeps Inmate Religious Freedom Case Alive

I looks like this is the second time Hyde v. Fisher (here is Hyde I) has reached the Idaho Court of Appeals. This time the Court holds that a complete ban on smudging is not the least restrictive means of … Continue reading

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Filed under Author: Matthew L.M. Fletcher, Research

Alaskan Natives File Complaint against Jesuits Alleging Rape

Here is the complaint in this amazing and terrible case (via Women’s Space and Feminist Law Blog). Fourteen months ago, several similarly situated Alaskan Natives settled a similar suit for $50 million (here).

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Filed under Author: Matthew L.M. Fletcher, News, Research

Patchak v. Kempthorne TRO Oral Argument Transcript

Judge Leon ruled from the bench in this case on Monday, denying a TRO motion from Patchak, a member of 23 is Enough and MichGO (although he challenges that last part), to stop the trust acquisition of land in Allegan … Continue reading

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Filed under Author: Matthew L.M. Fletcher, fee to trust, gaming, Michigan Indian, Research

Cook v. Avi Casino Enterprises Cert Petition

Here is the petition — cook-v-avi-casino-enterprises-cert-petition Here are the lower court materials (previously posted).

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Filed under Author: Matthew L.M. Fletcher, gaming, Research, sovereign immunity, Supreme Court