Monthly Archives: June 2009

Fifth Edition of American Indian Law Nutshell Released

Go Judge Canby! It’s complete through the 2009 Supreme Court cases. The website is here.

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

Sports Law and Indian Country

Here is Gabe Galanda’s new article on doing sports business in Indian Country — Entertainment and Sports Lawyer

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

California Court Refuses to Extend ICWA to Non-Recognized Tribes

Here is the opinion from the California Court of Appeals (3rd District) in In re K.P. An excerpt: We decline to extend the ICWA to cover an allegation of membership in a tribe not recognized by the federal government. Neither … Continue reading

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

Shocker! Section 5 of the Voting Rights Act Survives!

Here is the opinion in NAMUDNO v. Holder. Here is the tribal amicus brief filed in the case. Long separate opinion from Justice Thomas. Is this another case of him losing the Court?

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

Amicus Brief in American Indian Religious Freedom Case

We filed a short amicus brief in A.A. v. Needville Indep. Sch. District before the Fifth Circuit (Needville-Historian Amicus Brief) on behalf of Drs. Suzanne Cross and K. Tsianina Lomawaima. The ACLU of Texas is lead counsel in this case, … Continue reading

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Filed under Author: Matthew L.M. Fletcher, cultural resources, Education, legal history, Research

New Article on the Uniform Child Custody Jurisdiction Enforcement Act

Aaby — Understanding the UCCJEA An excerpt: Tribal court proceedings are now included in some instances. For example, under the UCCJEA, a state court will be required to treat tribes as if they were states and tribal court custody proceedings … Continue reading

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

Book Review (Short) of Rebuilding Native Nations

This appeared in Great Plains Quarterly — Rebuilding Native Nations book review

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Filed under Author: Matthew L.M. Fletcher, Book Review

Chaotic Land Dispute Case at Turtle Mountain Dismissed from Federal Court

Here is the district court opinion in Gustafson v. Poitra — Gustafson DCT Order An excerpt: There may have been an actual, ongoing case or controversy when this action was filed to determine whether the Turtle Mountain Tribal Court had … Continue reading

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

New Article about the Origins of Ex parte Young

From Legal History Blog: Barry Friedman, New York University School of Law, has posted The Story of Ex Parte Young: Once Controversial, Now Canon,which is forthcoming in Federal Courts Stories, ed. Vicki Jackson & Judith Resnik. Here’s the abstract: Ex parte Young is … Continue reading

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Filed under Author: Matthew L.M. Fletcher, legal history, Scholarship

Oregon Supreme Court Allows Suit re: State Governor’s Authority to Enter into Gaming Compact

Here is the opinion in State ex rel. Newberry v. Kulongoski. An excerpt: Relators filed a petition for a writ of mandamus in Lane County Circuit Court in 2003, challenging the Governor’s authority to enter into a gaming compact with … Continue reading

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