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
Filed under Author: Matthew L.M. Fletcher, gaming, Scholarship, Supreme Court
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
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
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
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
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
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).
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
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).
Filed under Author: Matthew L.M. Fletcher, gaming, Research, sovereign immunity, Supreme Court
American Indian Tribal Law
Facing the Future: The Indian Child Welfare Act at 30
The Eagle Returns: The Legal History of the Grand Traverse Band of Ottawa and Chippewa Indians