Monthly Archives: January 2009
SCOTUSBlog Predictions on a Possible SCT Nominee in Summer 2009
Jennifer Granholm, our governor, is listed as a dark horse candidate. Our commentary on the other candidates (Kagan, Wood, and Sotomayor) is here. We haven’t yet discussed Jennifer Granholm as a possible Justice. From SCOTUSBlog: Before the election, I wrote … Continue reading
Filed under Author: Matthew L.M. Fletcher, Supreme Court
Law Professor Brief in United States v. Navajo Nation
Here — law-prof-amicus-brief-navajo-nation And several former Interior Secretaries filed a brief supporting the Navajo Nation — former-interior-secretaries-brief-navajo-nation Other briefs are here.
Filed under Author: Matthew L.M. Fletcher, Research, Supreme Court
Oklahoma Supreme Court Allows Tort Claims against Cherokee Nation in State Court under Gaming Compact
Here is the opinion in Cossey v. Cherokee Nation Enterprises from the Oklahoma Supreme Court, with several concurrences and dissents. And here are the briefs: cherokee-nation-enters-brief-in-chief tribal-amicus-brief cossey-brief cherokee-reply-brief
Filed under Author: Matthew L.M. Fletcher, gaming, Research, sovereign immunity
South Dakota Supreme Court Suppresses Evidence Taken by Tribal Law Enforcement under the Indian Civil Rights Act
Maybe I’m missing something, but HOLY COW! Now state courts have jurisdiction under the Indian Civil Rights Act?!?!? I thought Santa Clara Pueblo v. Martinez settled the question, holding that tribal courts have exclusive jurisdiction over ICRA claims. This case, … Continue reading
Filed under Author: Matthew L.M. Fletcher, Criminal, Research
Cal. Court of Appeal — ICWA Notice Violations Not Reversible Error
Here is the opinion in In re E.W., from the California Court of Appeal, 4th District, Division 2. An exerpt: Appellant V.P. (Mother) is the mother of E.W. and P.W. Mother appeals from the juvenile court’s order terminating her parental … Continue reading
Filed under Author: Matthew L.M. Fletcher, Research
Blast from the Past: Vine Deloria Review of Dee Brown
Here is a short book review by Vine Deloria, Jr. of Dee Brown’s Bury My Heart at Wounded Knee, published in the Texas Law Review in 1972 (deloria-review-of-brown). An excerpt: There are, to be sure, numerous tears shed on behalf … Continue reading
Filed under Author: Matthew L.M. Fletcher
Columbia Law Review Note on State Discrimination against Indians
Shira Kieval has published “Discerning Discrimination in State Treatment of American Indians Going Beyond Reservation Boundaries” in the Columbia Law Review. Here is the abstract: Generally, federal Indian law cases focus on jurisdiction inside of Indian Country. Occasionally, however, challenges … Continue reading
Filed under Author: Matthew L.M. Fletcher, Scholarship
MSU Speaker Series: Robert Dale Parker on January 26, 2009
Robert Dale Parker (Illinois) will be speaking here on Monday, January 26, 2009 at 11AM. The talk is at the Castle Board Room at the MSU College of Law. Lunch will be served at noon, and it is FREE! Prof. … Continue reading
Filed under Author: Matthew L.M. Fletcher, Fiction, Language, Michigan Indian
Christian McMillen Talk
From Legal History Blog: On Friday, January 23, Professor Christian McMillen, Department of History, University of Virginia, will be discussing two papers. First, he will talk about the Historians’ Brief in Carcieri v Kempthorne, an Indian law case from the … Continue reading
Patchak v. Skibine — Suit against Gun Lake Trust Acquisition Redux
Here’s the news article about it (via Indianz). The materials are here: us-motion-to-dismiss gun-lake-motion-to-dismiss patchak-motion-for-tro gun-lake-opposition-to-motion-for-tro us-opposition-to-motion-for-tro
Filed under Author: Matthew L.M. Fletcher, gaming, Michigan Indian, Research
American Indian Tribal Law
Facing the Future: The Indian Child Welfare Act at 30
Federal Indian Law: Cases and Materials (6th ed.)
The Eagle Returns: The Legal History of the Grand Traverse Band of Ottawa and Chippewa Indians
