Monthly Archives: September 2009
NY Gov. Paterson Endorses Shinnecock Recognition Petition
From the NYTs: ALBANY — Gov. David A. Paterson has endorsed an Indian tribe’s bid for federal recognition, an important step for a tribe that wants to build the first casino in New York City or its suburbs. Mr. Paterson … Continue reading
Filed under Author: Matthew L.M. Fletcher, federal recognition, gaming, News
Senator Dorgan Introduces Carcieri Fix
Carcieri Fix Bill Carcieri Floor Statement – final From Sen. Dorgan’s statement: Mr. President, I rise today to introduce a technical amendment to the Act of June 18, 1934. On February 24, 2009, the Supreme Court issued its decision in … Continue reading
Filed under Author: Matthew L.M. Fletcher, Legislation, Research
Fake Indians Convicted in Southern Florida of Selling Tribal Memberships
Here is the magistrate report and recommendations detailing the indictments — US v Watson An excerpt: On August 27, 2008, the undersigned Magistrate Judge reviewed an Application and Affidavit for Search Warrant and, based on that review, signed a Search … Continue reading
Filed under Author: Matthew L.M. Fletcher, Criminal, Research
Michigan Indian Day is TOMORROW!
Registration materials are here. Here is the agenda: Morning keynote: 9:15-10:30 AM – Historical Context of Boarding School Experiences & the Reverberation to Subsequent Generations —Suzanne Cross, PhD 10:45 AM-Noon – S-1 – Intra & Inter Generational Effects of Boarding School Experiences: From the Voices … Continue reading
Order in Water Wheel v. LaRance Finding Tribal Court Jurisdiction over Non-Indian Business
Here is the order — Order – WW v. LaRance – D.Ariz. Previous materials are here. An excerpt: Plaintiffs Water Wheel Camp Recreational Area, Inc. and Robert Johnson have been sued for eviction in an action pending in the Tribal … Continue reading
Filed under Author: Matthew L.M. Fletcher, Research, tribal courts
Who is an Indian under the Major Crimes Act?
The Eighth Circuit’s decision that Matthew Stymiest is an “Indian” under 18 U.S.C. 1153(a) raises possible constitutional questions about due process and vagueness of a criminal statute, and it may be ripe for review by the Supreme Court as a … Continue reading
Filed under Author: Matthew L.M. Fletcher, Criminal, Research, Supreme Court
Eighth Circuit Affirms Conviction of Non-Enrolled Indian under Major Crimes Act
Here is the opinion in United States v. Stymiest. An excerpt: Applying the two-part Rogers test, and viewing this evidence in the light most favorable to the jury’s verdict, we conclude that sufficient evidence supports the jury’s finding that Stymiest was … Continue reading
Filed under Author: Matthew L.M. Fletcher, Criminal, Research
Randall Akee on Checkerboarding and Coase
Randall Akee has published (or soon will) “Checkerboards and Coase: The Effect of Property Institutions on Efficiency in Housing Markets,” in the Journal of Law and Economics (article). The abstract: In the late 1800s, Palm Springs, California, was evenly divided … Continue reading
Filed under Author: Matthew L.M. Fletcher, Scholarship
Klamath Off-Reservation Trust Acquisition Controversy
From the Portland Oregonian via Indianz: The Klamath Tribes have revived a controversial plan to acquire 385 acres along Interstate 5 near Wilsonville — one of the largest available tracts in the Portland area — for undisclosed commercial development. Tribal … Continue reading
Filed under Author: Matthew L.M. Fletcher, economic development, fee to trust, News
News Coverage of New Arizona Snowbowl Suits
From How Appealing: “Lawsuit challenges Snowbowl snowmaking on environmental grounds”: This articleappears today in The Arizona Daily Sun. And The Associated Press has a report headlined “Lawsuit aims to stop expansion at Snowbowl; Critics: Forest Service didn’t consider health risks … Continue reading
Filed under Author: Matthew L.M. Fletcher, Environmental, News, treaty rights
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
