Monthly Archives: August 2009

Idaho Court of Appeals Rejects Treaty Right to Travel as Jurisdictional Defense to Criminal Conviction

The opinion in State of Idaho v. Oatman is here. An excerpt: The 1855 Nez Perce Treaty grants the members of that tribe the same right to travel that is enjoyed by all citizens of the United States. The right … Continue reading

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

New Papers about the Solicitor General

How fortuitous that my paper on the Solicitor General’s strange lack of success defending tribal interests before the Supreme Court becomes available the same day Patricia Millett’s paper on stategies for obtaining amicus help from the Solicitor General’s Office goes … Continue reading

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

Ninth Circuit to Hear Samish Tribe’s Claim to Reenter U.S. v. Washington En Banc

In an unusual procedure, after oral argument before a three-judge panel including Judge Canby, the Ninth Circuit decided to hear the United States v. Washington subproceeding involving the Samish Indian Tribe’s treaty claims en banc. Samish Indian Tribe Opening Brief … Continue reading

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

Suit against Gun Lake Trust Acquisition Dismissed

Here is the news report. And the materials: DCT Order Dismissing Patchak Claims Gun Lake Band Motion to Dismiss US Motion to Dismiss Patchak Claims

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Filed under Author: Matthew L.M. Fletcher, fee to trust, gaming, Michigan Indian, Research

Colusa Case Reaches Judgment

From a Picayune Rancheria press release: Sacramento – In a decision with wide-ranging ramifications for California’s budget woes, the Honorable  Frank C. Damrell, Jr., Judge of the United States District Court for the Eastern District of California, entered final judgment today that … Continue reading

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

Bolstering Federal Law Enforcement in Indian Country Nice, but Misplaced

Indianz (and the SF Chron) report that the Department of Justice and AG Eric Holder will be taking efforts to bolster federal law enforcement capabilities in Indian Country. This is good news, to some extent. The federal government should be … Continue reading

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

Opening Brief Filed in Cash Advance Case before Colorado Supreme Court

Here is Cash Advance’s brief in Colorado ex rel. Suthers v. Cash Advance — Cash Advance Opening Brief This case involves an effort by Cash Advance and other payday loan companies to avoid state investigation/process by licensing themselves with Indian … Continue reading

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

ACS Advance Publishes Tribal Domestic Violence Paper

My paper on domestic violence in Indian Country will appear in the American Constitution Society publication “Advance” Spring 2009 edition.

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

NGĀ PAE O TE MĀRAMATANGA INTERNATIONAL INDIGENOUS CONFERENCE 2010

Conference information here. Mātauranga Taketake: Traditional Knowledge Theme: ‘Kei muri i te awe kāpara, he tangata kē: Recognising, engaging, understanding difference’ 6-9 June 2010 Auckland, New Zealand This conference addresses the question of difference. What are the costs to communities … Continue reading

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Filed under Announcements, Author: Matthew L.M. Fletcher, international law, Symposia

White House Listening Sessions — Deadline: Aug. 28

From the White House: Dear Tribal Leaders: The White House Domestic Policy Council and Office of Public Engagement will host two listening sessions on August 31 2009, in the Eisenhower Executive Office Building Room 450, in Washington, DC. The purpose … Continue reading

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