Monthly Archives: September 2009

Katie John Subsistence Ruling

Katie John Which Waters Order An excerpt: These consolidated cases involve challenges to regulations that were promulgated by the Secretaries of Interior and Agriculture on January 8, 1999 (herein “the 1999 final rule”). The regulations primarily implemented a Ninth Circuit Court of Appeals’ decision … Continue reading

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

Call for Papers — Law, Gender, and Citizenship for Indians and Immigrants

The Wisconsin Journal of Law, Gender & Society Announces our 2010 Symposium: Law, Gender and Citizenship: Contemporary Issues for American Indians and American Immigrants March 5, 2010 University of Wisconsin Law School Madison, Wisconsin Symposium_Call for Submissions

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Filed under Announcements, Author: Matthew L.M. Fletcher, Call for Papers, Symposia

Barrett v. United States Cert Petition Materials

The petition stage briefing is complete in Barrett v. United States (09-32). Barrett v. US Cert Petition CPN Amicus Brief SOLICITOR ANSWER BRIEF Barrett Reply Brief The conference for this petition is October 9, 2009. Lower court materials are here.

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

Cal. Appeals Court Holds Contract Dispute between Tribe and Management Companies Not Yet Appealable

Here s the unpublished opinion in Pauma Band of Luiseno Mission Indians v. Harrah’s Operating Co. (Cal. App., 4th Dist.). An excerpt: This case arises from unsuccessful negotiations between the Pauma Band of Luiseno Mission Indians (Pauma) and Caesars Entertainment, … Continue reading

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

Federal Sovereign Immunity Precludes Suit re: Intertribal Reservation Dispute

The case is Mesa Grande Band of Mission Indians v. Salazar (S.D. Cal.). Here are the materials: Interior Motion to Dismiss Mesa Grande Opposition Interior Reply Mesa Grande v Salazar DCT Order An excerpt: This case arises from a dispute … Continue reading

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

Turtle Talk Reached 400,000 Hits Today

Almost exactly two years to the day since our inception on September 27, 2007, we reached 400,000 hits. Chi-migwetch for reading! We’ll celebrate with a pic of my ancestor (with whom we started two years ago)….

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Filed under Author: Matthew L.M. Fletcher

Federal Court Rejects Non-Indian Group’s Attempt to Take Advantage of IGRA

Here is the opinion in Department of Texas Veterans v. Dorning (N.D. Ala.) — Dept of Texas Veterans v Dorning The plaintiffs argued that they were “Class II” bingo under IGRA: Plaintiff’s final argument is that it is entitled to … Continue reading

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

Politics at LTBB

from the Petoskey News-Review (H/t Pechanga and Indianz) and a second article is here: During its regular meeting Sunday, Sept. 27, the Little Traverse Bay Bands of Odawa Indians Tribal Council made a declaration against comments made by its tribal … Continue reading

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

Law.Com on Dram Shop Action against Mohegan Sun

Despite what this article states, this case is far from “novel” — there are numerous opinions all holding that tribes retain immunity, except a lone outlier — Oklahoma — which can be (perhaps) distinguished on the basis that that state’s … Continue reading

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

NYTs: SCT’s Shrinking Docket

This isn’t really news anymore, is it, since the extreme shrinkage of the docket in the first years of the Roberts Court stabilized a few years back. From the NYTs: In the early 1980s, the Supreme Court decided more than … Continue reading

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