Monthly Archives: March 2009

Wyoming Supreme Court Upholds Authority of BIA Officers to Detain Non-Indians until State Law Enforcement Arrives

Here is the Wyoming Supreme Court’s decision in Coyler v. State Dept. of Transportation. This case contains a very nice review of the various state and federal cases involving the authority of tribal cops to detain non-Indians until state law … Continue reading

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

Graham v. Applied Geo Techs — Failure to Exhaust Tribal Court Remedies

Here are the materials in this case, out of the Southern District of Mississippi, where a plaintiff brought a race discrimination suit against a tribally owned enterprise (Mississippi Band Choctaw). defendant-motion-to-dismiss defendant-rebuttal-memorandum graham-dct-order-dismissing-claim

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

The Trillion-Dollars-in-Gold-Coins Complaint

As reported by the New Jersey News (and How Appealing), here is the trillion dollar complaint in New Jersey Sand Hill Lenape and Cherokee Indians v. De Facto State of New Jersey. Actually, it’s an amended complaint, and the prayer … Continue reading

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

United States v. Akeen — Illegal Sale of Eagle Feathers at Powwow

Here is the indictment in United States v. Akeen (us-v-akeen-complaint). This is for a sale of eagle feathers at a powwow in Oregon, allegedly violative of the Lacey Act and the Migratory Bird Treaty Act. Thanks to J. for the … Continue reading

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

MSU Working Paper 2009-03 — Carcieri’s Impact on Michigan Tribes

Novaline Wilson (MSU Law ’08) has written a nice paper on the impact of Carcieri v. Salazar on Michigan tribes, many of whom (8 out of 12) were not federally recognized in 1934. It is here. Note that she wrote … Continue reading

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Filed under Author: Matthew L.M. Fletcher, legal history, Michigan Indian, Research, Supreme Court, treaty rights

Negotiations on American Declaration on the Rights of Indigenous Peoples

From the Indian Law Resources Center: Indigenous representatives from the Americas attend a preparatory meeting of the Indigenous Peoples Caucus at the OAS.  Photo by Leo Crippa WASHINGTON – A special session of the OAS Working Group in charge of … Continue reading

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

ACS Issue Brief — Domestic Violence in Indian Country & Tribal Sovereignty

From the American Constitution Society: ACS is pleased to distribute an Issue Brief by Matthew L.M. Fletcher, Director of the Indigenous Law and Policy Center and Associate Professor at the Michigan State University College of Law, entitled, “Addressing the Epidemic … Continue reading

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

Quinault Wins TRO against Dept. of Interior in Land Sale Case

Here is the order (dct-order-on-tro-re-quinault) from the Western District of Washington granting a TRO favoring the Quinault Indian Nation in its disupte with the Dept. of Interior: This action centers around the attempted sale of 26 parcels of Indian-owned trust … Continue reading

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

ICWA Notice Case Out of Texas

Here is the opinion in In re R.R., Jr. The Texas Court of Appeals (Fort Worth) remanded this case back to the trial court for purposes of providing proper notice to the tribes and/or the Secretary in accordance with ICWA. … Continue reading

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

Cigarette Forfeiture Case at Swinomish

Here is the district court opinion in United States v. A Whole Bunch of Cigarettes (3,609,820) (us-v-cigarettes-dct-opinion), a case out of the Western District of Washington. This case involves criminal forfeiture of smokes under the Contraband Cigarette Tax Act and … Continue reading

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