Monthly Archives: April 2009
Calif. AG Opines that Calif. Prop. 209 is Unconstitutional
From the SF Chron.: The 1996 ballot measure that outlawed preferential treatment for women and minorities in government programs is unconstitutional because it prohibits all affirmative action and fosters the discrimination it was supposed to eliminate, Attorney General Jerry Brown … Continue reading
Filed under affirmative action, Author: Matthew L.M. Fletcher, News
Oklahoma Ct. of Criminal Appeals Holds that Seminole Parcel Not Indian Country
In Magnan v. State, the Oklahoma Court of Criminal Appeals concluded that a parcel of land in which Seminole Indians retained 4/5 of mineral rights was still no longer Indian Country. The case is interesting for two reasons. First, the … Continue reading
Filed under Author: Matthew L.M. Fletcher, Criminal, Research
Northern Cheyenne Tribal Challenge to Montana DEQ over Tongue River Fails
Here is the opinion in Northern Cheyenne Tribe v. Montana Dept. of Environmental Quality, out of state trial court in Montana — northern-cheyenne-v-montana-deq An excerpt: Before the Court are motions for summary judgment filed by Plaintiff Northern Cheyenne Tribe and … Continue reading
Filed under Author: Matthew L.M. Fletcher, Environmental, Research
Black Hills Case Reopened
From the NYTs: A band of Sioux whose ancestors were driven from the majestic Black Hills more than 130 years ago is seeking hundreds of millions of dollars in compensation, upsetting other tribal members who say taking money for the … Continue reading
Filed under Author: Matthew L.M. Fletcher, News, treaty rights
McSweeney’s: Lewis & Clark Humor
Here. An excerpt from “Manifest Destiny Wagon pool” by Jimmy Chen: Capt. William Clark, First off, thank you for being so kind—we’re all very excited about the Westward Expansion and most grateful that you’re offering transportation. Being unable to simply … Continue reading
Filed under Author: Matthew L.M. Fletcher, Fiction
SCT Denies Cert in California Revenue Sharing Cases
The Supreme Court denied cert earlier this week in two of the cases that are part of a trilogy of California gaming cases (here is the Court’s order list). Those cases were docket nos. 08-931 (CACHIL DEHE BAND OF WINTUN) … Continue reading
Filed under Author: Matthew L.M. Fletcher, gaming, Research, Supreme Court
Call for Papers: Tribal Nation Economics and Legal Infrastructure
CALL FOR PAPERS Tribal Nation Economics and Legal Infrastructure This call for papers seeks submissions for the AALS Indian Nations and Indigenous Peoples Section’s 2010 publication of selected papers. The Section will meet during the American Association of Law School’s … Continue reading
Seventh Circuit Affirms Convictions for Bilking HCN in Casino Fraud
Here is the opening paragraph in United States v. Moore, one of the more entertaining introductions lately: The time: 6 p.m. The place: Ho-Chunk casino in Baraboo, Wisconsin. The event: a drawing to determine who would walk off with $10,000. … Continue reading
Filed under Author: Matthew L.M. Fletcher, Criminal, gaming, Research
Interlochen Public Radio Segment on Indian Country Crime
INTERLOCHEN PUBLIC RADIO (2009-04-21) In the US, we’ve come to expect that if someone does something wrong – and they’ve been found out – the crime won’t go unpunished. But that’s not always true in Indian Country, where there are … Continue reading
Filed under Author: Matthew L.M. Fletcher, Criminal, Michigan Indian, Research
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
