Monthly Archives: March 2009

Jicarilla Apache Loses Royalty Claim against Dept. of Interior

Here is the opinion from the D.C. District Court in Jicarilla Apache Tribe v. Dept. of Interior. And the news coverage: A federal judge has thrown out a lawsuit filed by the Jicarilla Apache Nation over how natural gas royalties … Continue reading

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

Ninth Circuit Rejects Challenge to 2001 Crow Constitution

Here is the unpublished opinion in Harris v. Parisien. And an excerpt from a local news article (Billings Gazette): A federal appeals court has rejected a Billings woman’s claim that her rights were violated when the Crow Tribe of Indians … Continue reading

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

Lawyer Threatened with Rule 11 Sanctions If Brings Another Claim against Oneida Indian Nation

Here is the opinion in Smith v. Oneida Employment Services (smith-v-oneida-dct-order), out of the Northern District of New York. Indianz and others have reported on this case, which was an employment claim dismissed on grounds of sovereign immunity. Here is … Continue reading

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

Michigamua Documentary Weds. at U-M

For over 100 years, One student organization at the University of Michigan Has secretly abused the cultural artifacts and historical traditions Of one of America’s most disenfranchised populations.

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

Supreme Court Decides Hawaii v. Office of Hawaiian Affairs

Here is the opinion.

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

Hoopa Loses Hoopa-Yurok Settlement Act Claim

Here is the opinion in Hoopa Valley Tribe v. United States (hoopa-v-us-dct-order). Classic prisoner’s dilemma case. Hoopa, Yurok, and Karuk had been compressed together by the United States in the 19th century, and have been disputing the resources of the … Continue reading

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

Fair Housing Act Case re: Lending on Indian Reservations

Here is the complaint in National Community Reinvestment Coalition v. Novastar Financial, before Judge Lamberth in the D.C. district court. ncrc-complaint Here’s an excerpt from the complaint: 3. NovaStar maintains and publishes two lending eligibility policies that discriminate purposefully and … Continue reading

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

Eleventh Circuit Reaffirms Tribal Sovereign Immunity

The case is Freemanville Water System, Inc. v. Poarch Band of Creek Indians (opinion). Our post on the district court case is here. An excerpt: After a hard look at the statute the only thing that is unmistakably clear to … Continue reading

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

U-M Indian Law Day — April 10, 2009 — ICWA

The University of Michigan NALSA will host its annual Indian Law Day on April 10, 2009 at 12:30 PM. The subject is the Indian Child Welfare Act. Here is the agenda: Introduction to ICWA basics:  Colette Routel Introduction to current … Continue reading

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Filed under Announcements, Author: Matthew L.M. Fletcher, Legislation, Michigan Indian, Symposia

Ann Tweedy on Conceptions of Sex-Based Equality under Tribal Law

Ann Tweedy has posted the abstract of her fine paper “Conceptions of Sex-Based Equal Protection under Tribal Law: Broad-Based Prohibitions Against Discrimination, Context-Specific Protections, and Sex-Based Distinctions” on SSRN. Here is the abstract: This article undertakes a broad-based survey of … Continue reading

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Filed under Author: Matthew L.M. Fletcher, Scholarship, sovereign immunity, tribal courts