Monthly Archives: January 2011

Comment on Applicability of the Full Faith & Credit Act to Tribal Judgments Published in California Law Review

Craig Smith has published a comment arguing that tribal judgments should be afforded Full Faith and Credit. The cite is 98 Cal. L. Rev. 1393 (2010). A one paragraph summary from the article is below: “In this Comment, I attempt … Continue reading

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Filed under Author: Ann Tweedy, Scholarship, tribal courts

Tenth Circuit Holds that Tribal Agreement to Comply with Title VII Does Not Abrogate Tribal Immunity

Here are the materials in Nanomantube v. Kickapoo Tribe of Kansas (opinion here): Nanomantube Opening Brief Kickapoo Answer Brief Nanomantube Reply Brief Lower court materials here.

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

Federal Court Dismisses Relator Suit Against Iowa Tribe of Okla.

Here are the materials in Morgan Buildings and Spas Inc v. Iowa Tribe of Oklahoma (W.D. Okla.): DCT Order Dismissing Morgan Complaint Iowa Tribe Renewed Motion to Dismiss Morgan’s Response Iowa Tribe Reply  

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

Federal Court Refuses to Require S.Dakota Governor to Testify re: Good Faith Negotiations under IGRA

Here are the recent materials in Flandreau Santee Sioux Tribe v. South Dakota (D. S.D.): DCT Order Granting Motion for Protective Order SD Motion for Protective Order Santee Opposition SD Reply Of course, the court notes that all of this … Continue reading

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

Patricia Millett Commentary on D.C. Circuit’s Patchak Decision

Commentary on Patchak v. Salazar et al., No. 09-5324. On January 21, 2011, the United States Court of Appeals for the District of Columbia Circuit disagreed with three other federal circuits and held that sovereign immunity is waived for a … Continue reading

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Filed under Author: Matthew L.M. Fletcher, gaming, Michigan Indian, Research, sovereign immunity, Supreme Court

GTB and Coast Guard Sign Historic Agreement

PESHAWBESTOWN, MI – Rear Adm. Michael N. Parks, Ninth U.S. Coast Guard District Commander, will join Derek J. Bailey, Tribal Chairman, Grand Traverse Band of Ottawa & Chippewa Indians and Cmdr. Jonathan S. Spaner, Commanding Officer Air Station Traverse City, … Continue reading

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Filed under Author: Matthew L.M. Fletcher, Michigan Indian, News

En Banc Petition and Response in BMG v. Chukchansi

Here are those materials: BMG Petition for En Banc Rehearing Chukchansi Response to Petition for Rehearing En Banc Here are the earlier materials, and a link to an Indian Country Today piece on the case.

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

Prisoner Challenge to Tribal Per Cap Garnishment Rejected by Eighth Circuit

Here are the materials in United States v. Whitetail: CA8 Opinion in Whitetail Whitetail Brief US Brief in Whitetail Whitetail Reply

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

UN Special Rapporteur Investigates Epidemic of Violence Against Indian Women in the United States

CHEROKEE, N.C. — At 64 years-old, Matilda Black Bear, better known as Tillie, refers to herself as a “classic case” in regards to her story of domestic violence. She was 26 years old when she entered into a relationship that … Continue reading

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Filed under Author: Kirsten Carlson, Criminal, international law

Wind River Tribes’ Opening Brief in Federal Circuit Appeal of Trust Claim re: “Conversion” of Tribal Mineral Leases

Here is that brief in Shoshone Tribe v. United States: Wind River Tribes Opening Brief

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