Monthly Archives: March 2009
The Solicitor General and Indian Law
The Senate just confirmed the nomination of Harvard Dean Elena Kagan as U.S. Solicitor General. The Solicitor’s Office, home the of the so-called “Tenth Justice,” has a great deal to say about Indian law. In particular, in Indian law cases … Continue reading
Filed under Author: Matthew L.M. Fletcher, Research, Supreme Court
Results of Second Turtle Talk Poll: Worcester v. Georgia Most Important Indian Law Precedent
Here are the results of our second poll — what is the most important Federal Indian Law Supreme Court opinion? Worcester v. Georgia — 32 percent Montana v. United States — 18 percent Oliphant v. Suquamish Indian Tribe — 11 … Continue reading
Filed under Author: Matthew L.M. Fletcher, Supreme Court
Michigan Legislators Debate Smoke Ban at Work
From the Detroit News: Lawmakers reopened the debate over smoke-free workplaces Wednesday, launching hearings on an issue that has gridlocked the Legislature for years. Owners of smaller bars and restaurants say a proposed statewide ban on workplace smoking could cost … Continue reading
Filed under Author: Matthew L.M. Fletcher, gaming, Michigan Indian, News
Case to Watch — Amerind v. Malaterre
The Eighth Circuit will be hearing Amerind v. Malaterre shortly. The appellant’s brief is here (amerind-appellant-brief). Our previous posting, with the district court materials and opinion, and the Turtle Mountain appellate court opinion is here. [Disclosure–I was a sitting appellate … Continue reading
Filed under Author: Matthew L.M. Fletcher, Research, tribal courts
Federal Judicial Vacancies in Indian Country
The Obama Administration will soon be acting to nominate federal judges at the trial and appellate levels. The first list includes the vacancies in Indian Country (loosely defined ). The second list (below the fold) includes the Federal Judicial Conference’s … Continue reading
Filed under Author: Matthew L.M. Fletcher, Research
Ward Churchill Trial — Finally Some Indian Law
The trial in a Boulder court over whether the University of Colorado was legally justified in firing Ward Churchill is ongoing. Here is the trial blog. Interestingly, the trial is mostly about Chuchill’s First Amendment rights, and whether CU fired … Continue reading
Filed under Author: Matthew L.M. Fletcher, Research
Wisconsin SCT Reviews Ho-Chunk Nation Tax Case
The lower court opinion in Ho-Chunk Nation v. Wisc. Dept. of Revenue is here. Oral argument was last month. Here are the questions presented: Is the petitioner entitled to a refund of cigarette tax revenue for the sale of cigarettes … Continue reading
Filed under Author: Matthew L.M. Fletcher, fee to trust, Research, taxation
City of New York v. Golden Feather — Update
As Indianz reported, the Eastern District of New York delayed ruling on the City’s motion for a preliminary injunction and rejected a sovereign immunity from the smokeshops. Here is the order — march-16-dct-order Here is our earlier post that includes … Continue reading
Filed under Author: Matthew L.M. Fletcher, Research, sovereign immunity, taxation
Op-Ed Supporting Michigan DNR
From the Traverse City Record-Eagle: The State Department of Natural Resources is used to taking its lumps. It gets its share and more in the media, in deer hunting and fishing publications, from bloggers and even on this page in … Continue reading
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
