Monthly Archives: January 2009

WSJ: Obama and the Federal Judiciary

From WSJ (via How Appealing): U.S. President-elect Barack Obama is expected to have a speedy and significant impact on a number of federal courts of appeal, with the potential to lessen the conservative influence that several of these courts now … Continue reading

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

Dodging a Bullet — Roberts v. Hagener

The Supreme Court denied cert on January 12, 2009 in a little-known case called Roberts v. Hagener, out of the Ninth Circuit. The CA9 opinion is here and the Ninth Circuit briefs are here. Here is the cert petition (roberts-v-hegener-cert-petn), … Continue reading

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Filed under Author: Matthew L.M. Fletcher, Research, Supreme Court, treaty rights

NYTs: Harlington Wood Obituary

From the NYTs: Harlington Wood Jr., a federal judge and former Justice Department official who was the government’s chief negotiator during the standoff with American Indian militants in South Dakota that became known as the siege of Wounded Knee, died … Continue reading

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

Sen. Inouye Champions Pottawatomi Nation of Canada

Here’s the news article on Sen. Inouye’s bill (here), and here’s the text of the S. 65: To provide relief to the Pottawatomi Nation in Canada for settlement of certain claims against the United States. Be it enacted by the … Continue reading

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

Section 1303 Tribal Court Exhaustion — Bercier v. Turtle Mountain Tribal Court

bercier-v-turtle-mountain-tribal-court

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Filed under Author: Matthew L.M. Fletcher, Criminal, Research, tribal courts

LVD Claim against Mexican Business Partners — UPDATED

Here is the amended complaint — lvd-complaint From ICT: WATERSMEET, Mich. – The chairman of the Lac Vieux Desert Band of Lake Superior Chippewa Indians has some advice to tribes who are thinking about economic development projects outside the United … Continue reading

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

Neal Katyal to Serve as Deputy Solicitor General

From SCOTUSBlog: The Blog of Legal Times reported here that Georgetown Law School Professor Neal Katyal was the leading candidate to serve as Principal Deputy Solicitor General.  That choice has now been finalized, and he will begin work in the … Continue reading

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

Ed Kneedler Named Acting Solicitor General

Maybe it’s only for a few weeks, but congrats to Ed Kneedler, who has probably argued more Indian law cases before the Supreme Court than anyone in history. Here’s the report (from BLT): And from the White House comes word … Continue reading

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

John Cross on Indigenous Property Rights

John Cross has posted “Justifying Property Rights in Native American Traditional Knowledge” on SSRN, a paper coming out of the Texas Wesleyan symposium on Intellectual Property and Indigenous Peoples. Here is the abstract: This paper explores various reasons why Congress … Continue reading

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Filed under Author: Matthew L.M. Fletcher, cultural resources, Scholarship

Mary Frances Berry: Abolish the US Civil Rights Commission

From the NYTs: AS the country prepares to enter the Obama era, anxiety over the legal status and rights of gays and lesbians is growing. Barack Obama’s invitation to the Rev. Rick Warren, an evangelical pastor who opposes same-sex marriage, … Continue reading

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Filed under Author: Matthew L.M. Fletcher