Monthly Archives: March 2010

Supreme Court Rejects Asian Carp Injunction Again

News article here via How Appealing.

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

Recent and Important Tribal Court Decisions on Tribal Constitutional Law

The first is from the Muscogee (Creek) Tribal Court — Ellis v. Bristow Muscogee Indian Community. FinalJudgment&Order-CV09-33 The court there held that the Muscogee national government has substantial control over the gaming facilities located at each of the six tribal … Continue reading

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

Revised FBA Indian Law Conference Brochure

We’ve added a last-minute panel on Cobell, featuring Eloise Cobell, Hilary Tompkins, Michael Finley, Richard Monette, and Bill Dorris. Here is the updated material: indlaw-brochure10-revised

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

News Coverage of Little River Band Casino Agreement for Muskegon

From the Ludington Daily News via Pechanga: FRUITPORT TWP. — The Little River Band of Ottawa Indians and Gov. Jennifer Granholm have reached an agreement helping clear the way for development of a gaming facility just outside of Muskegon, the … Continue reading

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

Carcieri Fix Talk Monday on Native America Calling

Here: Monday, March 22, 2010 (1-2 PM, eastern) – The Carcieri Fix: Last year the Supreme Court ruled in Carcieri v. Salazar that language in the 1934 Indian Reorganization Act does not allow the Interior Secretary to take land into … Continue reading

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Filed under Announcements, Author: Matthew L.M. Fletcher, federal recognition, fee to trust, Legislation, Michigan Indian, Supreme Court

Habeas Case on Consecutive Sentences out of Gila River

These cases are all going badly for tribal governments. It’ll be interesting to see if the appellate courts really get into the question. This is Alvarez v. Tracey (D. Ariz.) — Alvarez-Gila River Case

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

Government’s Cert Opposition Brief in Wolfchild/Zephier

Here: US Cert Opposition This petition (materials in Wolfchild here, and in Zephier here) has gotten some attention based on the fact that the United States originally chose not to file a cert opp brief, but the Supreme Court called … Continue reading

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

Crow Creek Sioux Tribe Loses Claims re: Tribal Housing Board Member Suspensions

Here are the most recent materials (the government’s motion to dismiss and earlier materials are here): DCT Order Granting Government Motion to Dismiss CCST Motion for Summary Judgment

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

Geroux v. Assurant: Federal Court Remand to Tribal Court Reconsideration Denied

Materials here: DCT Order on Motion to Reconsider Union Security Insurance Motion for Reconsideration Geroux Brief in Opposition to Reconsideration Earlier materials in this interesting case are here.

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

Appellate Briefing in Ute Mountain Tribe v. Homans in Tenth Circuit

Here: 01 15 2010 NM Opening Brief Tribe Response Brief Amici Brief Homans Reply Brief Findings of Fact Memo of Law and Memorandum Opinion (Lower ct decision)

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