Monthly Archives: November 2010
Ninth Circuit Vacates Major Crimes Act Conviction on Sixth Amendment Grounds
Here is the unpublished opinion in United States v. War Club. An excerpt: We conclude that bylimiting cross-examination of Green’s brother, the district court precluded War Club from developing evidence that Green’s brother had a motive to commit the murder. … Continue reading
Filed under Author: Matthew L.M. Fletcher, Criminal, Research
Appellate Briefs in Tohono O’odham Nation v. City of Glendale — Glendale’s Effort to Annex Tribe-Owned Land
Here are the materials so far in this case, pending in the Arizona Court of Appeals: TON Opening Brief Glendale Answer Brief
Filed under Author: Matthew L.M. Fletcher, gaming, Research
Alabama-Coushatta Tribe Amicus Brief in Red Earth v. Holder Appeal
Here: Alabama-Coushatta Amicus Brief
Filed under Author: Matthew L.M. Fletcher, Research, taxation
Federal Court Ruling on State Law Jurisdiction over Lands Held in Fee under the Ute Partition and Termination Act
Here is the most recent opinion in Questar Exploration & Prod. Co. v. Lambeth (D. Utah): Questar v Lambeth — DCT Order re State Law Claims. An excerpt: Under these provisions, the Subject Property was originally an allotment, encumbered bythe restriction … Continue reading
Filed under Author: Matthew L.M. Fletcher, Research
Alberta Court of Queen’s Bench Has Authority to Make Métis Candidacy Eligibility Determination Prior to Election
Here’s the decision. East Prairie Métis Settlement v. Aiken. And here’s an excerpt…
Filed under Author: Peter Vicaire, Canadian Indian
Michigan Indian Legal Services Staff Attorney Announcement
Michigan Indian Legal Services (MILS), a statewide provider of free legal services to low income Indians and Indian tribes, seeks a staff attorney for our office in scenic Traverse City, located along the beautiful shores of Lake Michigan. MILS represents Indian individuals, families, … Continue reading
Filed under Announcements, Author: Matthew L.M. Fletcher, jobs
Cherokee Nation Supreme Court Strikes Down Redistricting Plan
Here is the opinion in Cowan-Watts v. Smith: Cherokee Nation election case. An excerpt: The Court FINDS that the portion of the Legislative Act 22-10 purporting to create a district with a 22.8% deviation in representation is hereby determined to be … Continue reading
Filed under Author: Matthew L.M. Fletcher, Research, tribal courts, tribal election
Robertson v. Canada – Tax Court of Canada Allows Aboriginal Appeal
Interesting case (as far as tax cases can be) out of the Tax Court of Canada – Robertson v. Canada, [2010] T.C.J. No. 432. Two Aboriginal appellants from Norway House First Nation were allowed to maintain their tax exemption in light of … Continue reading
Filed under Author: Peter Vicaire, Canadian Indian, international law
R. v. Morris – B.C. Provincial Court Rejects Treaty and Aboriginal Rights Claims as well as Kinship Reciprocity and Sheltering Defenses
Here’s the decision, which provides a useful breakdown of interpreting aboriginal and treaty rights, kinship reciprocity and sheltering defenses. It’s been a long time coming, with the events in question having occurred during the Winter of 2001/2002 and after the death of … Continue reading
Filed under Author: Peter Vicaire, Canadian Indian, international law
New Scholarship on “Equitable Obligations of Anthropologists”
Shiori Shakuto has posted “Equitable Obligations of Anthropologists” on SSRN. The abstract: As most socio-cultural anthropologists participate in their subjects’ everyday lives during their fieldwork, they often form close, personal relationships with their subjects. While anthropologists may become ‘close friends’ … Continue reading
Filed under Author: Matthew L.M. Fletcher, 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
