Monthly Archives: April 2010
Settlement in Havasupai blood samples lawsuit
The New York Times reports that the Havasupai have settled their lawsuit over the misuse of tribal members’ blood samples by ASU researchers for $700,000. ASU has also agreed to return the samples and help build a high school and … Continue reading
Filed under Author: Wenona T. Singel, News
ICT Article on the Next Supreme Court Justice
From ICT’s Rob Capriccioiso: WASHINGTON – Justice John Paul Stevens’ retirement from the U.S. Supreme Court has some tribal legal advocates calling for an American Indian replacement. Stevens, who announced April 9 he would retire in late June or early … Continue reading
Filed under Author: Matthew L.M. Fletcher, News, Supreme Court
More News Coverage of Rincon Band Decision
From the San Diego Union-Tribune: California can’t force Indian tribes to share gambling profits to repair the state’s budget problems, the 9th U.S. Circuit Court of Appeals said Tuesday. In a stunning blow to Gov. Arnold Schwarzenegger’s tactics when dealing … Continue reading
Filed under Author: Matthew L.M. Fletcher, gaming, News
How to Enter the Legal Academy: Pipeline Program
Occasionally we’re contacted by law students and colleagues who practice in Indian law who are interested in becoming a law professor. The process for breaking into the law teaching can be a bit mysterious for the uninitiated, but programs like … Continue reading
Filed under Announcements, Author: Wenona T. Singel, Symposia
News Coverage on Rincon Band v. Schwarzeneggar
From the San Diego Union-Tribune: A federal appeals court Tuesday backed a North County tribe that says Gov. Arnold Schwarzenegger negotiated in bad faith by demanding payments for the state general fund. The ruling in a lawsuit by the Rincon … Continue reading
Filed under Author: Matthew L.M. Fletcher, gaming, News
SCT Oral Argument Transcript in Dolan v. United States
Here. The briefs are here.
Filed under Author: Matthew L.M. Fletcher, Criminal, Research, Supreme Court
Ninth Circuit Rejects Truckee Carson Irrigation District’s Excessive Water Diversions
Here is the opinion, captioned United States v. Bell.
Filed under Author: Matthew L.M. Fletcher, Environmental, Research, treaty rights
A Note on Judge Bybee’s Dissent in Rincon Band
Judge Bybee dissent in Rincon Band is not a very good example of legal scholarship (not that it has to be, since he’s a judge, not a law professor), but one potential problem is that he resorts to the “parade … Continue reading
Filed under Author: Matthew L.M. Fletcher, gaming, Michigan Indian, Research
Rincon Band Wins Good Faith Negotiations Claim against California
Here is the Ninth Circuit’s opinion in Rincon Band v. Schwarzeneggar (over a dissent). Only some of the materials are available (since this case is so old, and CA9 only recently joined the 21st century): Rincon Opening Brief California Brief … Continue reading
Filed under Author: Matthew L.M. Fletcher, gaming, Research
Hogan v. Kaltag Tribal Council — A Petition to Watch — Corrected
From SCOTUSBlog: Title: Hogan v. Kaltag Tribal Council Docket: 09-960 Issue: Whether the hundreds of Indian tribes throughout the State of Alaska have authority to initiate and adjudicate child custody proceedings involving a [member] and then to compel the State to give full … Continue reading
American Indian Tribal Law
Facing the Future: The Indian Child Welfare Act at 30
The Eagle Returns: The Legal History of the Grand Traverse Band of Ottawa and Chippewa Indians