Monthly Archives: October 2009
Knauer on Legal Fictions and Juristic Truth
Nancy Knauer has posted “Legal Fictions and Juristic Truth” on SSRN. It is forthcoming from the St. Thomas Law Review. There is extensive discussion of Johnson v. M’Intosh, truly a case of legal fiction on numerous levels. Here is the … Continue reading
Filed under Author: Matthew L.M. Fletcher, legal history, Scholarship
Second Circuit Rejects Schaghticoke Federal Recognition Appeal
From Indianz: The 2nd Circuit Court of Appeals won’t give the Schaghticoke Tribal Nation of Connecticut another shot at federal recognition. The tribe accused state and local officials of exerting “improper political influence” on the Bush administration. But the court … Continue reading
Filed under Author: Matthew L.M. Fletcher, federal recognition, News
Materials in North Carolina Gaming Case
Here are the State’s briefs at least in McCracken and Amick, Inc. v. Perdue, the appeal of a trial judge’s decision in North Carolina finding it unconstitutional under state law for the State to enter into gaming compacts with tribes … Continue reading
Filed under Author: Matthew L.M. Fletcher, gaming, Research
White Mountain Apache Files Cert Opposition in Elliott Case
Here it is – Elliott v WMAT Cert Opposition The cert petition is here and the lower court materials are here. There seems no real reason for the Supreme Court to take this case. The Ninth Circuit merely found that … Continue reading
Tenth Circuit Affirms Lower Court in Ute Partition and Termination Act Case
Here is the opinion in Ute Distribution Corp. v. Secretary of Interior. An excerpt: Plaintiff Ute Distribution Corporation (UDC) appeals from a decision of the district court denying UDC’s claim for a declaration that the Secretary’s implementation of the 1954 … Continue reading
Filed under Author: Matthew L.M. Fletcher, Research
Special Indian Law Issue of Court Review
Here it is — Court Review Indian Law Issue The table of contents: The Case of Standing Bear: Establishing Personhood under the Law – Joe Starita Sovereign Comity: Factors Recognizing Tribal Court Criminal Convictions in State and Federal Courts – Matthew L.M. Fletcher … Continue reading
Filed under Author: Matthew L.M. Fletcher, Scholarship
Charles Carvell on North Dakota Indian Water Rights
Charles Carvell, Director of the Division of Natural Resources & Indian Affairs in the North Dakota Attorney General’s Office, has published “Indian Reserved Water Rights: Impending Conflict or Coming Rapprochement Between the State of North Dakota and North Dakota Indian … Continue reading
Student Article on Authority of Indian Tribes to Tax Athletes and Performers
Here is an interesting piece called “The Power of Indian Tribes to Tax the Income of Professional Athletes and Entertainers Who Perform in Indian Country,” a student note in the Connecticut Law Review. Here is the abstract: Athletes and entertainers represent some … Continue reading
Filed under Author: Matthew L.M. Fletcher, Scholarship, taxation
Univ. of Michigan Finally to Review Repatriation Policy
From CBS via Pechanga: Facing criticism for still holding the remains of about 1,400 Native Americans in its archaeological collection, the University of Michigan will be reviewing its policies on how to properly deal with Indian bones and artifacts. A … Continue reading
Filed under Author: Matthew L.M. Fletcher, cultural resources, Michigan Indian, News
Nooksack Tribe Assessed Costs after Removing Contract Claim to Federal Court
Here are the materials in Marshall Bank v. Nooksack Business Corp. II (W.D. Wash.): Marshall Bank DCT Order Marshall Bank Motion to Remand Nooksack Response Marshall Bank Reply Brief An excerpt: Plaintiff seeks an award of just costs and actual … Continue reading
Filed under Author: Matthew L.M. Fletcher, Research
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
