Monthly Archives: October 2009

No ICRA Habeas Right in Tribal Criminal Contempt Fine

Here is the magistrate’s report in Boyd v. Fort Peck Tribes, adopted by the judge a few days ago — Boyd v Fort Peck Tribes R&R An excerpt: On September 10, 2009, Petitioner Roberta Boyd filed this action seeking a … Continue reading

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

Rutgers Race & Law Review Bibliography of Indian Law Articles

Rutgers Race and the Law Review has published its annual bibliography of law review articles on race and the law. The Indian law section includes the following: 5. Native Americans/Indigenous Peoples and the Law 5.0 General Sara Brucker, Navajo Nation v. … Continue reading

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

LTBB to Assist in Bay Harbor Cleanup

From the T.C. Record-Eagle: PETOSKEY — A local tribe could become involved in plans to treat large-scale pollution at Bay Harbor Resort on Lake Michigan’s Little Traverse Bay. CMS Energy is responsible for treating contaminated groundwater at Bay Harbor Resort … Continue reading

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

Nulankeyutmonen Nkihtahkomikumon v. BIA Dismissed

From Indianz: The 1st Circuit Court of Appeals on Wednesday dismissed a lawsuit that challenged federal approval of a liquefied natural gas terminal on the Passamaquoddy Reservation in Maine. Tribal leaders at Pleasant Point signed a contract with Quoddy Bay LNG to … Continue reading

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

Damages Claim in USDA Discrimination Suit Rejected (Not Keepseagle)

In a claim brought by an American Indian plaintiff that declined to join the Keepseagle class action, the federal court declined to grant a writ of mandamus ordering the Dept. of Agriculture to pay damages for race discrimination — Wilkinson … Continue reading

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

New Jersey Cherokee Man’s Attempt to Transfer Divorce to Tribal Court Fails

Here is the opinion — NJ Sand Hill Band v. California An excerpt: Claiming to be a Cherokee Indian, pro se plaintiff Ronald-Stacey seeks an order transferring his divorce proceeding to tribal court from state court. Although Ronald-Stacey filed this action … Continue reading

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

NY Indians Stand Up for Treaty Rights re: Tobacco Taxes

From the L.I. Press: The New York State Senate hearing on the state’s non-collection of taxes on cigarettes sold to non-Native Americans on Indian Reservations brought representatives from Indian nations from all over New York State into a highly charged arena … Continue reading

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

Talk at Columbia Law School re: DV in Indian Country

I’ll be presenting my paper “Addressing the Epidemic of Domestic Violence in Indian Country by Restoring Tribal Sovereignty” at Columbia Law School today, on the gracious invitation of the Columbia NALSA and Domestic Violence Project.

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

IRS Chief Counsel Issues Memorandum re: Tribal Tax-Exempt Bonds

AM2009-014 An excerpt: This memorandum addresses the interaction between tribal economic development bonds under §7871(f) of the Internal Revenue Code (“Tribal Economic Development Bonds”) and build America bonds under § 54AA (“Build America Bonds”). This memorandum should not be used … Continue reading

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

Hawaii Supreme Court Ends Ceded Lands Case

From How Appealing: “Ceded lands suit to be dismissed”: Today’s edition of The Honolulu Advertiser contains an article that begins, “The Hawaii Supreme Court yesterday ordered the dismissal of claims by the final plaintiff in the ceded lands case, setting the … Continue reading

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