Monthly Archives: August 2010
SCOTUSBlog: Madison County v. Oneida Nation a “Notable Petition”
No surprise here. From SCOTUSblog: Title: Madison County v. Oneida Indian Nation Docket: 10-72 Issue: (1) Whether tribal sovereign immunity from suit bars taxing authorities from foreclosing to collect lawfully imposed property taxes; and (2) whether the ancient Oneida reservation … Continue reading
Filed under Author: Matthew L.M. Fletcher, Research, Supreme Court
Gov. Paterson Calls Mayor Bloomberg Remarks “Inappropriate”
From Indianz: Gov. David Paterson (D) said New York City Mayor Michael Bloomberg (R) made “inappropriate” remarks about the state’s tribes. Paterson said it was “dangerous” for Bloomberg to suggest a confrontation with tribes over the collection of a tobacco tax. … Continue reading
Filed under Author: Matthew L.M. Fletcher, News, taxation
Justice Weaver to Resign
The Traverse City Record Eagle broke the news this morning. H/T Michigan Legal Blog, which also notes the replacement is likely to be Court of Appeals Judge Alton T. Davis: WEAVER TO RESIGN Justice ends 16 years on Supreme Court … Continue reading
Filed under Author: Kate E. Fort, Great Lakes, News
Seneca Nation v. Paterson Update
Many more pleadings: Memorandum in Opposition to Motion for Preliminary Injunction Affirmation of Peter J Kiernan Affirmation of Daniel Smirlock Affirmation of Jamie Woodward Cayuga Motion to Intervene Cayuga Nation Motion for PI and TRO Red Earth Memorandum in Support … Continue reading
Filed under Author: Matthew L.M. Fletcher, Research, taxation, treaty rights
Last member of a Brazilian tribe
Here’s a disturbing article about a man in Brazil who’s the last remaining member of his tribe. http://www.slate.com/id/2264478/
Filed under Author: Ann Tweedy, News
Little River Band’s Fruitport Casino Compact Not Discharged From Committee
Yesterday the Michigan House had to clear the board to prevent a huge loss on the vote to discharge the compact (a concurrent resolution) from the Reg Reform committee. The Muskegon Chronicle has the news story: Fruitport casino plan gets … Continue reading
Filed under Author: Kate E. Fort, gaming, Michigan Indian, News
Kirsty Gover on Comparative Tribal Constitutions
Kirsty Gover has published Comparative Tribal Constitutionalism: Membership Governance in Australia, Canada, New Zealand, and the United States in Law and Social Inquiry (Summer 2010) (pdf). Here is the abstract: In the “self-governance era” of indigenous-state relations, there is a … Continue reading
Western Mohegan Tribe Land Purchase Contract Breach (with Non-Intercourse Act Principles) Dismissed
Here are the materials in BGA v. Ulster County (N.D. N.Y.): Ulster County Motion for Summary Judgment Western Mohegan Tribe Opposition DCT Court Order Granting Ulster County Summary Judgment
Filed under Author: Matthew L.M. Fletcher, Research
White Earth Ojibwe Lawyer Appointed to Federal Bench as Magistrate Judge in the District of Minnesota
Wonderful news! Here is the press release: Brisbois press release 08 25 10. Judge Brisbois has entered exclusive company, and with any luck is on the track to a nomination to an Article III court.
Filed under Author: Matthew L.M. Fletcher, Research
Challenge to Crow Tribal Court Jurisdiction Dismissed on Exhaustion Grounds
Here are the materials in Switzer v. Dust (D. Mont.): Switzer Magistrate Report Switzer DCT Order
Filed under Author: Matthew L.M. Fletcher, Research, tribal courts
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
