Monthly Archives: July 2009
Indigenous Law Journal — 2009 Call for Submissions
The Indigenous Law Journal at the University of Toronto is now accepting submissions from Students and Professionals for Volume IX (Fall 2010). The submission deadline is: September 30, 2009. For full details on the submission process and on our student … Continue reading
Ninth Circuit Rejects Constitutional Challenge to Phoenix-Area “DUI Courts”
Here is the opinion in Thomas v. Mundell, a case brought by the Maricopa County Attorney and others, challening the establishment of separate “DUI courts” in Phoenix for Spanish-speaking and American Indian people. The court tossed the challenge on standing … Continue reading
Filed under Author: Matthew L.M. Fletcher, Research
Pokagon Band Election Results
From Indianz: The Pokagon Band of Potawatomi Indians of Michigan has a new chairman and vice chairman. Matt Wesaw replaces John Miller as chairman. Wesaw most recently served as vice chairman and served as chairman in the 1990s. Butch Starrett … Continue reading
Ninth Circuit Rejects Challenge to Nooksack Casino
Here is the opinion, with dissent, in North County Community Alliance v. Salazar. Briefs: North County Community Allliance Brief Federal Appellee Brief An excerpt from the majority: We hold that the Alliance’s challenge to the NIGC’s 1993 approval of the … Continue reading
Filed under Author: Matthew L.M. Fletcher, Environmental, gaming, Research
NYTs: Reverse Federal Liquor Regulation Allowing Booze Near Indian Reservations
From the NYTs: By JAMES ABOUREZK SINCE taking office, President Obama has overturned several of George W. Bush’s executive orders. I would like to recommend he also overturn one of Theodore Roosevelt’s. Fourteen years after the Great Sioux Reservation was … Continue reading
Filed under Author: Matthew L.M. Fletcher, News
“In Defense of Property” in the Yale Law Journal
Here. Written by Kristen A. Carpenter, Sonia K. Katyal, and Angela R. Riley [View as PDF] 118 Yale L.J. 1022 (2009). This Article responds to an emerging view, in scholarship and popular society, that it is normatively undesirable to employ property … Continue reading
Filed under Author: Matthew L.M. Fletcher, Scholarship
Article on Indian Law Cases in New York State Courts
Law.com has published an article on several Indian law cases that are active in New York state courts, including the Cayuga cigarette tax case and another involving the application of state civil regulatory law to a tort claim arising out … Continue reading
Filed under Author: Bryan Newland, taxation, treaty rights, tribal courts
California Appellate Court Affirms Termination of Parental Rights over Tribal Objection
Here is the opinion in In re T.S. An excerpt: Appellant claims that a statutory exception to adoption applied because the minor’s Indian tribe had identified guardianship as the permanent plan for the minor. (§ 366.26, subd. (c)(1)(B)(vi)(II).) In the … Continue reading
Filed under Author: Matthew L.M. Fletcher, Research
Ninth Circuit Rejects Skokomish Bid for Fishing Allocation in U.S. v. Wash. Subproceeding
Here is the opinion in United States v. Washington, though as the court points out, neither the U.S. nor the State of Washington were parties to this one. An excerpt: The district court granted the Port Gamble and Jamestown Tribes’ … Continue reading
Filed under Author: Matthew L.M. Fletcher, Research, treaty rights
Lee Opinion from the Michigan Supreme Court
The Michigan Supreme Court upheld the lower court terminating the parental rights of Cheryl Lee, stating that there had been sufficient active efforts. However, the Court did explicitly state that the AFSA does not supersede or relieve the State from … Continue reading
Filed under Author: Kate E. Fort, ICWA, Michigan Indian
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
