Monthly Archives: June 2010
On Monday, Cobell Plaintiffs Moved to Withdraw the Cert Petition
According to Bill McAllister, Spokesman for Cobell Plaintiffs.
Filed under Author: Matthew L.M. Fletcher, Supreme Court
Ninth Circuit Allows EEOC Claim against Peabody Coal to Proceed; EEOC and Navajo May Seek Injunctive Relief
Ah, Rule 19! Here is Judge William Fletcher’s opinion in EEOC v. Peabody Coal. Here are the briefs. And supplemental authority filed by the Navajo Nation: Austin v Andrus Brief.
Cert Petition on Hoffman v. Sandia Resort and Casino
Available here, on Mr. Hoffman’s website. UPDATE: Incidentally, Hoffman’s attorney apparently is the same Paul Livingston who challenged the Santa Fe Indian Market all those years ago in Livingston v. Ewing, known to (according to an anonymous source) “rant[] in … Continue reading
Filed under Author: Matthew L.M. Fletcher, gaming, Research, sovereign immunity, Supreme Court
New Scholarship on the Havasupai DNA Case
Michelle M. Mello and Leslie Wolf will publish “The Havasupai Indian Tribe Case – Lessons for Research Involving Stored Biologic Samples” in the New England Journal of Medicine. Sadly the paper is unavailable so far. Here is the abstract: In … Continue reading
Filed under Author: Matthew L.M. Fletcher, Scholarship
Te-Moak Shoshone Tribe Forces Reconsideration of BLM Approval of Cortez Gold Mines
Here is the Ninth Circuit’s opinion in Te-Moak Tribe of Shoshone Indians v. DOI. An excerpt: Te-Moak Tribe of Western Shoshone of Nevada, a federally-recognized Indian tribe (“the Tribe”), the Western Shoshone Defense Project (“WSDP”), and Great Basin Mine Watch (“GBMW”) (collectively, … Continue reading
Filed under Author: Matthew L.M. Fletcher, Environmental, Research
Will Cobell Be a Grant?
My guess is no, but there’s a possibility that the Court will hold the case for a period of time to allow for Congress to decide on the settlement. Not sure what the precedent is for that, however, without the … Continue reading
Filed under Author: Matthew L.M. Fletcher, Research, Supreme Court
SCOTUSblog lists two Indian law cases as “Petitions to Watch”
SCOTUSblog continues to not take any chances with Indian law cases, listing both Cobell v. Salazar and Arctic Slope Native Association v. Sebeliusas petitions to watch for tomorrow’s conference. Links to our coverage of the Cobell cert petition and government … Continue reading
Filed under Author: Kate E. Fort, Supreme Court
Update on False Claims Act Charges against Two Menominee Individuals
In the last update here, we reported that the tribal defendants in the federal False Claims Act case, United States v. Menominee Tribal Enterprises (W.D. Wis.), had been dismissed out. Two individuals remained. They were acquitted in a jury trial … Continue reading
Federal Court Dismisses Tribal Claim to Uproot State Court UCCJEA Jurisdiction
The case is Rosebud Sioux Tribe v. Duwyenie (D. Ariz.). The state court opinion is posted here. Here are the materials: State Judicial Defendant Motion to Dismiss Duwyenie Motion to Dismiss RST Response to State RST Response to Duwyenie State … Continue reading
Fort Lewis College Buffalo Council Press Release re: Indian Tuition Waiver
June 22, 2010 Contact: Pat Kincaid, Buffalo Council Spokesperson, (970) 903-6333 Fort Lewis College Buffalo Council Protects the Tuition Waiver by requesting Accountability of Trust Assets and promoting an Indian education agenda Fort Lewis College (FLC) was created by a … Continue reading
Filed under Author: Matthew L.M. Fletcher, Education, News
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