Monthly Archives: October 2010

Ninth Circuit Affirms Major Crimes Act Conviction for Murder at Lummi

Here is the opinion in United States v. Redlightning. No Indian law issues apparent.

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Filed under Author: Matthew L.M. Fletcher, Criminal, Research

Indian Affairs (Canada) plans on implementing s. 74 of the Indian Act and deposing the customary government of the Algonquins of Barriere Lake

    The Algonquins of Barriere Lake is a small First Nation community in northern Quebec.  The Canadian government is preparing to forcibly assimilate Barriere Lake’s customary governance system using an archaic piece of Indian Act legislation – Section 74.  That … Continue reading

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Filed under Author: Peter Vicaire, international law

Osage Nation Files Cert Petition in Indian Lands Case

Here are the early materials in Osage Nation v. Irby: Osage cert petition No. 10-__ Appendix Proof 10-21-10 Questions Presented: In Solem v. Bartlett, 465 U.S. 463 (1984), this Court held that “only Congress can divest a reservation of its … Continue reading

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Filed under Author: Matthew L.M. Fletcher, Research, Supreme Court

Materials in FLSA/Tribal Immunity Case

Looks like an interesting case — whether a tribe is liable for violating the Fair Labor Standards Act in allegedly failing to properly pay overtime wages in a TANF program run by the tribal government (the answer is no). Here … Continue reading

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Filed under Author: Matthew L.M. Fletcher, Research, sovereign immunity

Materials on Navajo SCT Disbarment of Navajo Legislative Legal Counsel

Here: In re Seanez Writ In re Seanez, No. SC-CV-58-10,opinion

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Filed under Author: Matthew L.M. Fletcher, Research, tribal courts

Wisc. SCT Justice Unhappy with Teague Protocol

News article here. Tribal court judges assert there’s no problem with consent to tribal court transfer: Oneida Chief Judge Winifred Thomas told the Supreme Court this week that the results have been excellent. She said the tribal courts try very … Continue reading

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Filed under Author: Matthew L.M. Fletcher, News, tribal courts

Navajo Supreme Court Disbars Navajo Legislative Counsel

Here is the news article.

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Filed under Author: Matthew L.M. Fletcher, News, tribal courts

NPR Talk of the Nation — “Yellow Dirt”: The Legacy of Navajo Uranium Mining

From NPR (the audio will be available at 6 PM eastern): In her book Yellow Dirt: An American Story of a Poisoned Land and a People Betrayed, former Los Angeles Times reporter Judy Pasternak documents the toxic legacy of uranium … Continue reading

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Filed under Author: Matthew L.M. Fletcher, Environmental, News

Michigan COA Decides ICWA Challenge re: Active Efforts and Tribal Court Transfer

… and a challenge to the expert witness. Here is the unpublished opinion in In re Swinson.  

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Filed under Author: Matthew L.M. Fletcher, Michigan Indian, Research, tribal courts

Concern over Whether Indian Law Will Continue to Be a Part of the Washington State Bar Exam

Here are three letters recently sent on this issue, which we believe is arising in the context of an overhaul of the Washington State Bar exam: Galanda, Letter_to_WSBA_Board_of_Governors_and_Deans_at_WA_Law_Schools Jamestown S’Kallam, Allen Letter re State Bar Exam Including Indian Law – … Continue reading

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Filed under Author: Matthew L.M. Fletcher, Research