Monthly Archives: February 2011
Habeas Petition Challenging Peremptory Striking of Native Jurors Dismissed
Here is the order in Munoz v. McDonald (N.D. Cal.): Munoz v McDonald. An excerpt: Appellant, who is Native American, argues that he was denied a fair trial because the prosecution used its peremptory challenges to exclude three of the five … Continue reading
Filed under Author: Matthew L.M. Fletcher, Criminal, Research
Update in Kawaiisu Tribe NAGPRA Claim
Here is the recent order in Kawaissu Tribe v. Salazar (E.D. Cal.), dismissing most claims but allowing the nonrecognized tribe to amend its NAGPRA complaint: Kawaiisu Tribe v Salazar
Filed under Author: Matthew L.M. Fletcher, Research
Kaighn Smith’s “Labor and Employment Law in Indian Country” Now in Print
Announcing a Joint Publication of the Native American Rights Fund and Drummond Woodsum by Kaighn Smith, Jr., with a Foreword by John E. Echohawk LABOR AND EMPLOYMENT LAW IN INDIAN COUNTRY provides a comprehensive overview of the law governing labor … Continue reading
Filed under Announcements, Author: Matthew L.M. Fletcher
ASU Indian Law CLE Announcement
“Treaty to Trust to Carcieri: The Economic Future for Indian Lands CLE Conference” Hosted by the Sandra Day O’Connor College of Law at ASU’s Indian Legal Program and the American Indian Policy Institute at ASU. ASU Tempe Campus, Memorial Union, … Continue reading
Update on Dispute over Muscogee Judiciary
Apparently, the Muscogee district court judge believes that attorneys for the Muscogee legislature could be held in contempt for failure to appear in court to defend a claim brought by the tribal executive against the legislature … where the attorneys’ … Continue reading
Filed under Author: Matthew L.M. Fletcher, Research, tribal courts
Note from Patricia Millett on the Developments in the Osage Case
[Moved up from James Meggesto's comment.] A quick note from Patricia Millett – who has been handling the case for the Osage Nation at the Supreme Court level – for those readers that may be interested in the background and … Continue reading
Filed under Author: Matthew L.M. Fletcher, Research, Supreme Court
Supreme Court Calls for the Views of the Solicitor General in the Osage Reservation Disestablishment Case
Here is today’s order, with the Osage Nation v. Irby petition mentioned on page 2. Cert stage briefs are here. This is the sixth CVSG in an Indian law cases in the last two years.
Filed under Author: Matthew L.M. Fletcher, Research, Supreme Court
February 22 Spring Speakers Event
The authors of Loving v. Virginia in a Post Racial World, Kevin Noble Maillard and Rose Cuison Villazor will speak tomorrow at 10am in the Castle Board Room. They will be joined by commentators Carla Pratt and Mae Kuykendall. Lunch … Continue reading
Filed under Announcements, Author: Kate E. Fort
Ho-Chunk Trial Court Decides Defamation Claim under Tribal Customs and Traditions
Very interesting opinion (yet another from Judge Rockman) in Gardner v. Littlejohn. An excerpt describing the question presented: The Court must determine whether it has subject matter jurisdiction over this defamation action, and concludes that defamation existed under the customs and … Continue reading
Filed under Author: Matthew L.M. Fletcher, Research, tribal courts
Ninth Circuit Briefs in Katie John Subsistence Rights Appeal
Here are the materials in John v. United States: John Opening Brief Alaska Opening Brief Intervenors Opening Brief State Amicus Brief — NM — WY — CO Alaska Answering Brief Brief of Federal Appellees in John v US Intervenors Response … Continue reading
Filed under Author: Matthew L.M. Fletcher, Research
American Indian Tribal Law
Facing the Future: The Indian Child Welfare Act at 30
The Eagle Returns: The Legal History of the Grand Traverse Band of Ottawa and Chippewa Indians