Monthly Archives: February 2010
Allen v. Mayhew: Magistrate Recommends Denial of Motion to Dismiss 1981 Claims against Tribal Gaming Officials
Here is the report: Allen v Mayhew Magistrate Report The most recent motion to dismiss: Mayhew Motion to Dismiss Previous orders are here. An excerpt: As to the two remaining defendants, reading Plaintiff’s complaint liberally, he alleges that while he … Continue reading
Filed under Author: Matthew L.M. Fletcher, gaming, Research, sovereign immunity
FTCA Judgment Favoring Former BIA Criminal Investigator
Here is the opinion: Garvais v US An excerpt: The ultimate Finding of Fact in this matter is that the BIA maliciously caused the institution and continuation of unfounded criminal proceedings against Duane Garvais in Spokane Tribal Court in retaliation … Continue reading
Filed under Author: Matthew L.M. Fletcher, Criminal, Research, tribal courts
Sundance Film Screening at Michigan Critical Issues Conference — UPDATED
The date and time is March 5, 2010, at 7 PM at the Grand Traverse Resort & Spa.
Filed under Announcements, Author: Matthew L.M. Fletcher, Education, Film
Dine Fundamental Law Survives Another Day
From the Santa Fe New Mexican via Pechanga: WINDOW ROCK, Ariz. (AP) — Navajo Nation President Joe Shirley Jr. has vetoed legislation that he contends limits the Navajo way of life. Lawmakers voted last month to amend a set of … Continue reading
Filed under Author: Matthew L.M. Fletcher, News, Tribal Codes, tribal courts
Events at University of South Dakota School of Law This Weekend
Feb. 18 Twenty Year Anniversary of Employment Division v. Smith, Feb 18, Two Panel Symposium Matthew Fletcher, Dillon Lecture Feb. 19-20 National NALSA Moot Court Competition
Rosen: Is Chief Justice Roberts a Radical?
From the New Republic: Last month, the Supreme Court handed down its most polarizing decision since Bush v. Gore. The 5-4 ruling in Citizens United v.Federal Election Commission called into question decades of federal campaign finance law and Supreme Court precedents by finding … Continue reading
Filed under Author: Matthew L.M. Fletcher, News, Supreme Court
Jack Balkin on the Indian Commerce Clause
Jack Balkin’s new paper, “Commerce,” (noted here at Legal Theory Blog and of course here), has very interesting commentary on the Indian Commerce Clause. In short, Prof. Balkin argues that the word “commerce” in the Constitution means more than mere … Continue reading
Filed under Author: Matthew L.M. Fletcher, Research, Scholarship
Students Sue to Restore Affirmative Action in California
From How Appealing: “Students sue to restore affirmative action at UC”: Josh Richman of The Oakland Tribune has this news update. And The Associated Press reports that “Calif race-based admissions law challenged anew.”
Filed under Author: Matthew L.M. Fletcher, News
Job Announcement: NICS Prosecutor
NICS Prosecutor
Filed under Announcements, Author: Matthew L.M. Fletcher, jobs, tribal courts
Michigan Supreme Court Denies Leave for Sault Tribe to Appeal Bouschor Case
The appeal focused on the Michigan court of appeal’s decision to drop Miller Canfield from the suit. It sounds like the suit against Bouschor and some of the other co-defendants will go to trial next. The materials are here: Sault … Continue reading
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
