Monthly Archives: February 2009

U.S. v. Perez — Sixth Amendment Right to Counsel when Tribe Appoints Lay Advocate Defender

Here are the materials in U.S. v. Perez: perez-r-and-r dct-order-denying-perez-motion-to-suppress The interesting excerpt from the district court’s denial of the motion is here: After a careful review of the parties’ arguments, the facts, and relevant caselaw, the court adopts the … Continue reading

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

Brian Sawers on Tribal Land Corporations

Brian Sawers (Harvard Econ) has posted “Tribal Land Corporations: Using Incorporation to Combat Fractionalism” on SSRN. Here is the abstract: Allotment has not provided individual Indians with economic opportunity; instead it has weakened tribal structures and shrunk the tribal land … Continue reading

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

Commentary on Possible Burt Lake Band Casino Development

Yesterday’s interesting statement by a lawyer for the Burt Lake Band suggesting that all the Band would need to commence gaming is simple legislation from the State Legislature deserves a spot of commentary. I guess their lawyer is reading this … Continue reading

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

Burt Lake Band May Pursue Casino under State Law Without Federal Recognition

From Indianz: The Burt Lake Band of Ottawa and Chippewa Indians doesn’t need federal recognition to open a casino in Michigan, a lawyer for the tribe said. The tribe can pursue state approval for a casino in Sturgis, said John … Continue reading

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

ICT on Gun Lake Band Fee to Trust Victory

From ICT: BRADLEY, Mich. – The Interior Department has formally taken 147 acres of land into trust for the Gun Lake Tribe, ending a decade of opposition from an anti-Indian casino group. Interior’s action took place Jan. 30; nine days … Continue reading

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

Student Note on U.S. v. Washington Culverts Opinion

William Fisher has published “The Culverts Opinion and the Need for a Broader Property-Based Construct” in the Journal of Environmental Law and Litigation (Oregon). Here is a copy of the Culverts Opinion. Here is an excerpt: The question becomes: Do … Continue reading

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Filed under Author: Matthew L.M. Fletcher, Environmental, Scholarship, treaty rights

Sad, Sad News: Carl Venne

From Indianz: Carl Venne, the chairman of the Crow Tribe of Montana, was found dead in a relative’s home on Sunday. He was 62. An autopsy will determine the cause of death but authorities do not suspect foul play. Word … Continue reading

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

Justin Richland Talk Here–February 17, 2009–11 AM

Justin Richland, a professor in the Department of Criminology, Law, and Society at the University of California, Irvine, will be giving a talk about his new book from the University of Chicago Press — “Arguing with Tradition: The Language of … Continue reading

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Filed under Announcements, Author: Kate E. Fort, Author: Matthew L.M. Fletcher, Lecture, tribal courts

TOMORROW: ILPC February Spring Speakers Event

Justin Richland will be talking about his book, “Arguing with Tradition: The Language of Law in Hopi Tribal Court” with Hon. JoAnne Gasco responding and commenting. The event is tomorrow, February 17th, in the Castle Board Room (third floor of … Continue reading

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Filed under Announcements, Author: Kate E. Fort, Language, Lecture, Scholarship

“Underwater Stonehenge” in Grand Traverse Bay?

From the Chicago Trib (via PhysOrg.com): Forty feet below the surface of Lake Michigan in Grand Traverse Bay, a mysterious pattern of stones can be seen rising from an otherwise sandy half-mile of lake floor. Likely the stones are a … Continue reading

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