Monthly Archives: September 2010
Painter-Thorne Article Criticizing Federal Jurisdiction over Sexual Assault on American Indian Women
Suzianne Painter-Thorne has posted her article “Tangled Up in Knots: How Continued Federal Jurisdiction Over Sexual Predators on Indian Reservations Hobbles Effective Law Enforcement to the Detriment of Indian Women” on SSRN. Here is the abstract: An Indian woman is … Continue reading
Filed under Author: Matthew L.M. Fletcher, Criminal, Scholarship, tribal courts
Split Tenth Circuit Rejects Cherokee Nation Bid to Intervene in Oklahoma v. Tyson Foods
Here are the materials (the opinion is here; h/t Indianz): Cherokee Opening Brief Farming Companies’ Brief Oklahoma Answer Brief Cherokee Supplemental Brief Farming Companies’ Supplemental Brief Oklahoma Supplemental Brief
Filed under Author: Matthew L.M. Fletcher, Environmental, Research, treaty rights
Another Pechanga Membership Challenge Dismissed
Here is the opinion in Liska v. Macarro (S.D. Cal.): DCT Order Dismissing Liska Complaint. A quote: On October 14, 2008, Petitioner, proceeding pro se, filed the original petition, captioned “Complaint [for] Writ of Habeas Corpus.” (Doc. No. 1.) Petitioner alleged … Continue reading
Filed under Author: Matthew L.M. Fletcher, Research
Jack Balkin’s “Commerce” Published in Michigan Law Review
Here. Our prior discussion of this article, along with several very interesting comments, is here. Here is the abstract: This Article applies the method of text and principle to an important problem in constitutional interpretation: the constitutional legitimacy of the … Continue reading
Filed under Author: Matthew L.M. Fletcher, Scholarship
Materials in Shinnecock Federal Recognition Appeal before the IBIA
Here are a few selected briefs: BIA Brief on Interested Parties Shinnecock Answer Brief CCGJ – Supple Brief – Merits CCGJ Standing Brief Montauk Reply
Ninth Circuit Affirms SORNA Conviction of Two Indian Men
Here is the opinion in U.S. v. Begay. An excerpt: Defendants argue that SORNA did not require them toupdate their registration with the State of Arizona while they were residing in the Navajo Nation, and that they could notupdate their … Continue reading
Filed under Author: Matthew L.M. Fletcher, Criminal, Research
Ninth Circuit Rejects Self-Defense Challenge to Indian Country Conviction
Here is the opinion in U.S. v. Morsette. An excerpt: A jury convicted Defendant Richard Charles Morsette ofassault for attacking two people in his home, which is locatedon Rocky Boy’s Indian Reservation in Montana. At trial,Defendant claimed that he acted … Continue reading
Filed under Author: Matthew L.M. Fletcher, Criminal, Research
United States v. Jicarilla Apache Tribe Cert Petition
Here: Jicarilla cert petition, and the appendix, Final Jicarilla App. Lower court materials here. Question presented: Whether the attorney-client privilege entitles the United States to withhold from an Indian tribe confidential communications between the government and government attorneys implicating the administration of statutes pertaining … Continue reading
Corrected LDF Brief in Wells Fargo Case: Response to Court Order to Brief Jurisdictional Issue
Here: LDF Corrected Brief, and LDF Corrected Addendum. Apparently, the jurisdictional issue is whether the court has jurisdiction under the diversity statute over the Lake of the Torches EDC. LDF writes: This Court should follow the Ninth Circuit and hold … Continue reading
Filed under Author: Matthew L.M. Fletcher, gaming, Research
Oneida Indian Nation Brief in Opposition to Madison County Cert Petition
Here: Oneida Brief in Opposition to Cert Petition. The petition and links to lower court materials here.
Filed under Author: Matthew L.M. Fletcher, Research, Supreme Court
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
