Monthly Archives: November 2009

Navajo DPS Employee Claims for Wages under 638 Contract Dismissed

Here is the opinion in Boye v. United States (Fed. Cl.) — Boye v United States An excerpt: In the above-captioned action, plaintiffs allege that they have not been paid the wages and benefits to which they are entitled pursuant … Continue reading

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

Zephier v. United States Cert Petition re: Mdewakanton Sioux Claims

Here — Zephier v United States Cert Petition Questions presented: 1. Whether the Federal Circuit Court of Appeals erred in failing to recognize the existence of a trust corpus in property and beneficiary rights for and on behalf of the … Continue reading

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

Harvest Inst. Freedmen Federation v. United States Cert Petition

This has no chance of being granted, but it’s interesting anyway — Harvest Institute Freedmen Federation v United States Cert Petition. The question presented: The claims in this action were brought on behalf of representatives of persons formerly held in … Continue reading

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

NAGPRA Claimant Loses Trial but Gains Hawaii Compliance

Here is the opinion — Brown v State of Hawaii (D. Haw.) An excerpt: Plaintiff should be commended for bringing his NAGPRA claim. As the State Defendants’ counsel acknowledged in his opening statement, the claim effectively brought certain issues of … Continue reading

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

“Facing the Future: The Indian Child Welfare Act at 30″ is OUT NOW!

Michigan State University Press has published our edited collection, “Facing the Future: The Indian Child Welfare Act at 30.” The press website is here. The book is also available at amazon.  

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Filed under Announcements, Author: Kate E. Fort, Author: Matthew L.M. Fletcher, Author: Wenona T. Singel, Michigan Indian, Scholarship

Wolfchild v. United States Cert Petition

Here — Wolfchild Cert Petition Questions presented: 1. After Carcieri, whether federal court subject matter jurisdiction exists over Native American beneficiary claims of purported federal government violations of the 1934 IRA or other applicable federal statutes when post-1934 IRA non-tribal … Continue reading

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

Sixth Circuit Oral Argument on Michigan Affirmative Action Ban

From the LSJ: LANSING — A federal appeals court is about to consider a lawsuit challenging Michigan’s ban against racial preferences in public university admissions and government hiring. Civil rights groups and University of Michigan students, faculty and applicants say the 2006 ballot measure … Continue reading

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

G2E Indian Gaming Track Panels

Indian Gaming @ G2E Tuesday, November 17, 2009 CD2: Big Brands: Native American Casino Design Room: N115 ~ 9:15AM – 10:15AM (Tuesday, November 17, 2009) Just as in the commercial market, a brand is what separates a successful Native American … Continue reading

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

Additional Briefing in Cash Advance Case @ Colorado Supreme Court

Here is the next round of briefs (first round was here, an additional round is expected after the holidays): Colorado Indian Bar Assn et al. Amicus Response Brief Petitioners Combined Answer-Reply Brief

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

Supreme Court Denies Cert in Harjo and Elliott

The order list is here, with the Harjo and Elliott cases listed on page 3. Neither decision is a big surprise, as the Court grants cert in only a small percentage of cert petitions. The trademark suit against the Redskins … Continue reading

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Filed under Author: Matthew L.M. Fletcher, cultural resources, Research, Supreme Court, tribal courts