Monthly Archives: May 2011
Confusion in Replacing Joe McCoy as Chair at Sault Tribe
Here is the release from saulttribe.com: There will not be an election to fill the seat left vacant by Sault Tribe Chairman Darwin “Joe” McCoy, who announced his immediate resignation as the elected leader Tribe on Tuesday, May 10. “After … Continue reading
Tenth Circuit Affirms Major Crimes Act Conviction — Domestic Violence at Zuni Pueblo
Here is the opinion in United States v. Mutte.
Filed under Author: Matthew L.M. Fletcher, Criminal, Research
Oregonian: “Oregon legislative efforts to undermine more protective water quality standards, tribes’ treaty-secured rights”
Here is the article (hat tip to Catherine O’Neill). An excerpt: Legislative bills seek to minimize the economic hit of the new rule, help ensure that paper mills, factories and sewage treatment plants can get variances and cement the Department of Environmental … Continue reading
Filed under Author: Matthew L.M. Fletcher, Environmental, News
Canadian Forest Products Inc. v. Sam: Forestry Resource Management – Aboriginal Title Dispute at Loggerheads
In Canadian Forest Products Inc. v. Sam, the British Columbia Supreme Court provided a short term solution for two separate forestry/aboriginal title issues. Ultimately, aboriginal interests won the day, but the injunctions provided and denied by the court are almost certainly only … Continue reading
B.C. Court of Appeal Dismisses Province’s Appeal – Finds It In Breach Of Its Duties To Consult
In West Moberly First Nations v. British Columbia (Ministry of Energy, Mines and Petroleum Resources), the B.C. Court of Appeal (Vancouver) dismissed the appeal by the province from an order declaring it in breach of its duties to consult and … Continue reading
Filed under Aboriginal Rights, Author: Peter Vicaire, Canadian Indian
Alberta Court of Appeal Hears Aboriginal Child Welfare Case
In I.W. v. Kasohkowew Child Wellness Society, the Alberta Court of Appeal dismissed the appellents’ (non-Aboriginal foster parents) appeal for guardianship of an aboriginal child from Samson Cree Nation but granted a re-hearing for their application for contact with the child.
Filed under Author: Peter Vicaire, Canadian Indian
Justice Breyer and “The Yale Lectures”
Available here, drawing from his book Making Democracy Work. Here is an excerpt: After the decision [in Worcester], Justice Joseph Story wrote to his wife: “Thanks be to God, the Court can wash their hands clean of the iniquity of oppressing … Continue reading
Filed under Author: Matthew L.M. Fletcher, Lecture, legal history, Scholarship, Supreme Court
Manitoba Métis Federation’s Motion To State Constitutional Question Denied By SC of Canada
Concerning the leave to appeal, which was granted to the Manitoba Métis Federation on February 10th, 2011, (and has not yet been inscribed for hearing) the Supreme Court of Canada (McLachlin C.J.) has dismissed the Manitoba Métis Federation’s motion to state … Continue reading
Opening Brief in Timbisha Shoshone Tribe v. Salazar Judgment Funds Claim
An interesting case to watch. Here is the brief: Timbisha Opening Brief Here was the original complaint and a press release explaining the claim. And here is the district court order dismissing the claim: DCT Order in Timbisha Shoshone v … Continue reading
Filed under Author: Matthew L.M. Fletcher, Research
Peter Erlinder on Minnesota v. Mille Lacs Band
Peter Erlinder has posted a great paper, “State of Minnesota v. Mille Lacs Band of Chippewa Indians, Ten Years On,” on SSRN. Here is the abstract: In State of Minnesota v. Mille Lacs Band of Chippewa Indians, 526 U.S. 172 … Continue reading
Filed under Author: Matthew L.M. Fletcher, Scholarship, treaty rights
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
