Monthly Archives: September 2010
Oklahoma Appellate Court Holds that Tribes Have No Immunity in Telecommunications Case
Troubling reasoning, in that the court seems to be saying that since tribes have no tradition of regulating telecommunications, they cannot have immunity. Here is the case, captioned Seneca Telephone Co. v. Miami Tribe: seneca telephone. Miigwetch to J.R.
Updated Preview of 2010 Supreme Court Term
One petition has already been granted (United States v. Tohono O’odham), and three petitions are up for review at today’s conference. There could be six or more Indian law-related Supreme Court cases decided this Term, more than any Term in … Continue reading
Filed under Author: Matthew L.M. Fletcher, Research, Supreme Court
SCOTUSBlog Petitions to Watch for the “Long Conference” and Commentary
Three petitions have made the famed SCOTUSblog list of petitions to watch for the long conference today. We wonder whether virtually every Indian law related case makes the list these days, but that’s not really true. Interesting cases that are … Continue reading
Filed under Author: Matthew L.M. Fletcher, Research, Supreme Court
Lawyer says reserves being excluded from jury pools
The Canadian Press EDMONTON — Edmonton jury trials routinely violate the rights of aboriginal people by deliberately leaving reserves out of the pool of possible jurors, says a lawyer who plans to challenge the practice in court Monday. Tom Engel … Continue reading
Filed under Author: Peter Vicaire, Criminal
Aboriginals, poor hit hardest by Tory sentencing law: internal report
Ottawa— The Canadian Press The preliminary statistics from Justice Canada lend support to critics who warn that Bill C-25, the so-called Truth in Sentencing Act, unfairly targets the poor, the illiterate and Canada’s aboriginal community. The bill, which became law … Continue reading
Filed under Author: Peter Vicaire, Criminal
Cert Opposition in Suquamish v. Upper Skagit et al.
Here: Cert Opp in Suquamish v Upper Skagit et al Cert petition is here.
Federal Court Dismisses Little River Band’s Challenge to NLRB Jurisdiction for Lack of Jurisdiction
Here is that opinion: LRB v. NLRB An excerpt: Plaintiff has simply not established federal-question jurisdiction. The NLRA does not create a cause of action for a plaintiff in federal district court. To the extent plaintiff’s right to relief depends … Continue reading
More on the Frybread Debacle at Washington DOC
Here is the state’s response to this complaint: Secetary Vail Letter to Chairman Cladoosby September 20.
Filed under Author: Matthew L.M. Fletcher, Research
Rebecca Tsosie to Join New Mexico Law Faculty
From John LaVelle: Dear Indian law colleagues, It my great privilege and pleasure to announce that Professor Rebecca Tsosie will be joining the faculty of the University of New Mexico School of Law, beginning in the summer of 2011. Thanks … Continue reading
Filed under Author: Matthew L.M. Fletcher, News
Student Article Criticizing Carcieri v. Salazar
Sarah Washburn has published Distinguishing Carcieri v. Salazar: Why the Supreme Court Got It Wrong and How Congress and Courts Should Respond to Preserve Tribal and Federal Interests in the IRA’s Trust-Land Provisions in the Washington Law Review. The abstract: … Continue reading
Filed under Author: Matthew L.M. Fletcher, fee to trust, Scholarship
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
