Monthly Archives: February 2011
Non-Indian Takings Claims Survives Summary Judgment in On-Reservation Lease Dispute
Here is the opinion in McGuire v. United States (Fed. Cl.): McGuire v. United States An excerpt: Jerry McGuire brought this inverse condemnation claim nine years ago in a federal bankruptcy proceeding in district court in Arizona. He alleges that the … Continue reading
Filed under Author: Matthew L.M. Fletcher, Research
Goodeagle v. U.S. — Complaint for Trust Damages for Mismanagement of Quapaw Assets
Here is that complaint, filed in the Court of Federal Claims: Goodeagle v. US Complaint An excerpt: This is a lawsuit for money damages arising from Defendant’s breach of fiduciary and trust obligations owing to Plaintiffs, Grace M. Goodeagle, Thomas Charles … Continue reading
Filed under Author: Matthew L.M. Fletcher, Research, trust relationship
News Article on Need for Greater Race and Gender Diversity on Iowa’s Supreme Court
Here. An excerpt: The lone female finalist is Angela Onwauchi-Willig, 37, a University of Iowa law professor who was admitted to practice law in Iowa the day the finalists were announced. Onwauchi-Willig, who is also the only minority nominee, is … Continue reading
Filed under Author: Matthew L.M. Fletcher, News
ICT Article on Tribal Law and Order Commission
Here. An excerpt: Federal justice on reservations is discriminatory and harsh, especially for youth, but recently enhanced tribal justice systems – a potential remedy – may not be easy to implement, says a noted advocate for Native rights. The 2010 Tribal … Continue reading
Filed under Author: Matthew L.M. Fletcher, Criminal, News, tribal courts
Winnemucca Colony Council v. Wasson Cert Petition
Here: Winnemucca Colony Council Cert Petition Questions presented: 1. Whether the United States Federal District Court exceeded its powers by interjecting itself into the fray of competing tribal factions within a single tribal government to determine which faction shall have control … Continue reading
Filed under Author: Matthew L.M. Fletcher, Research, Supreme Court
D.C Circuit Reverses Dismissal of Seneca Indian’s Challenge to PACT Act
Here is the opinion in Gordon v. Holder. An excerpt: Plaintiff-Appellant Robert Gordon is a Seneca Indian and a delivery seller of tobacco products. As a delivery seller, Gordon distributes his products by mail, rather than through abrick-and-mortar retail store. See 15 … Continue reading
News Coverage of Armijo v. Laguna Pueblo
An excerpt from the ABQ Journal article: A land dispute between Laguna Pueblo and a rancher prompted the New Mexico Court of Appeals to rule that tribal sovereignty shields tribes and pueblos from lawsuits involving lands they own outside their … Continue reading
Navajo Supreme Court Reverses $30K Emotional Distress Judgment against Tribal Police Dept.
Here is the opinion in Wauneka v. Navajo Dept. of Law Enforcement. An excerpt: This case concems an appeal by the Navajo Department of Law Enforcement, of a May 26, 2009 Final Damages Order of the Navajo Nation Labor Commission (Commission) … Continue reading
Filed under Author: Matthew L.M. Fletcher, Research, tribal courts
Klamath Claims Committee v. U.S. Cannot Proceed Without Klamath Tribes
Here are the materials in Klamath Claims Committee v. United States (Fed. Cl.): DCT Order Granting Partial Dismissal for US USA Motion to Dismiss KCC Complaint Klamath Claims Committee Response USA Reply Brief
Today’s Conference: Osage v. Irby (A Petition to Watch)
From SCOTUSblog: Osage Nation v. Irby Docket: 10-537 Issue(s): (1) Whether, in determining whether Congress “disestablished an Indian reservation,” pursuant to Solem v. Bartlett (1984), courts are limited to the statutory text, legislative history, and views of the Executive Branch or … Continue reading
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
