Monthly Archives: June 2009

Op-Ed on A.A. v. Needville Case re: Indian Student Religious Freedom

From the Seattle Examiner: A Native American boy is fighting a Texas school district for the right to keep his long hair. A small rural school district in Fort Bend County Texas wants to force Adriel Arocha to cut his hair … Continue reading

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

Crime News at GTB

From Indianz: Clifford Gould Jr., a member of the Grand Traverse Band of Ottawa and Chippewa Indians of Michigan, was sentenced to life in prison for assaulting three children. Gould, 47, was convicted of four counts of aggravated sexual abuse … Continue reading

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

On Peter d’Errico, the Supreme Court, and Plenary Power

Peter d’Errico’s op-ed “Advocacy and Change in Federal Indian Law” in last week’s ICT raises some critical questions about the Supreme Court as we conclude yet another Term with more bad news for Indian Country. Of note, Mr. d’Errico argues … Continue reading

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

Executive Summary of IRS Bonds Notice from Russ Brien

Here is Russ Brien’s summary of the IRS Tribal Bonds notice from last week — 2009-51 ES

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

Court Dismisses Teck Camino Counterclaim against Colville

Here is the opinion in Pakootas v. Teck Camino (E.D. Wash.) in which the court dismisses counterclaims by the polluter (Teck Camino) against one of the plaintiffs (the Colville Confederated Tribes) on grounds that tribes cannot be liable under CERCLA … Continue reading

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

D.C. Circuit Rules Against Oglala Sioux Tribe in Dispute with Army Corps

Here is the D.C. Circuit’s opinion, with one partial dissent (by Judge Tatel), in Oglala Sioux Tribe v. United States Army Corps of Engineers. Here are the briefs: OST Brief Army Corps Brief

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

Sixth Circuit Holds KBIC Challenge to State Taxes is Nonjusticiable

Here is yesterday’s Sixth Circuit opinion in Keweenaw Bay Indian Community v. Rising. The briefs are here. A few excerpts, the first detailing the history of the dispute dating back to 1977, and including the State of Michigan’s use of … Continue reading

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Interdepartmental Tribal Justice, Safety, and Wellness Meeting

Here is the flyer for this training, scheduled for August 10-14, 2009 in Tulsa. Tribal Justice Safety Save Date Aug09

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Filed under Announcements, Author: Matthew L.M. Fletcher, Criminal, Symposia, tribal courts

Case on Authority of Tribal Police to Detain Off-Reservation

The Washington Supreme Court may soon decide whether tribal police (in this case, of the Lummi Tribe) have authority to detain non-Indians off the reservation, where the tribal police have engaged in hot pursuit of the non-Indian suspect (in this … Continue reading

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

N.M. Court of Appeals Dismisses Tort & Privacy Claims against Tribe

Here is the New Mexico Court of Appeals opinion in Holguin v. Tsay Corp. An excerpt: We can see no basis on which the district court could have appropriately denied Tsay’s motion to dismiss as to the two counts of … Continue reading

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