Monthly Archives: May 2011
EEOC v. Peabody Coal: SCOTUSBlog Petition of the Day
SCOTUSblog has named EEOC v. Peabody Coal Co. its petition of the day: Title: Equal Employment Opportunity Commission v. Peabody Western Coal Company Docket: 10-1080 Issue(s): Whether the Secretary of the Interior is a “required party,” within the meaning of Rule 19(a)(1) of the … Continue reading
Filed under Author: Matthew L.M. Fletcher, Research, Supreme Court
Richard Barnes on the Indian Law Jurisprudence of Justices Marshall and O’Connor
In short, “incoherence.” The paper is titled, “Marshall and O’Connor: Categorical First Justices and Their Impact on Federal Indian Law.” The paper is available on BEPress. Here is the abstract: Thurgood Marshall was the first African-American appointed to the United … Continue reading
Filed under Author: Matthew L.M. Fletcher, Scholarship
New/Old Indian Law Papers on SSRN
Normally, we don’t highlight papers made available on SSRN if they are not new products, but today we make an exception to highlight a couple papers. First, Patty Ferguson-Bohnee’s paper, “Testimony before the Senate Committee on Indian Affairs: Oversight Hearing … Continue reading
Filed under Author: Matthew L.M. Fletcher, Scholarship
South Dakota Cert Opposition Brief in Yankton v. Army Corps Cert Petition
Here: South Dakota Response to Yankton v Army Corps Cert Petition This is the petition that the OSG recommended be held in abeyance pending the Court’s decision on whether to grant cert in the Hein/Daugaard/South Dakota/etc. v. Yankton cases.
Filed under Author: Matthew L.M. Fletcher, Research, Supreme Court
Vacancy on Washington Supreme Court
Here is the notice: Notice of Judicial Vacancy Supreme Court May 2011[1] Hopefully, Indian country will respond.
Filed under Announcements, Author: Matthew L.M. Fletcher
Tama County, Iowa Magistrate Vander Mey “Back in the Saddle”
Reinstated to full duties, that is. The judge reversed an earlier order relating to a drunk driving arrest by Meskawki tribal police, but apparently not the order relating a tribal immunity defense in small claims court (see our post here). … Continue reading
Filed under Author: Matthew L.M. Fletcher, News, tribal courts
US Files Invitation Brief Opposing Cert in Brown v. Rincon Band (IGRA Revenue Sharing Case)
Here is the brief: Brown v Rincon Band No 10-330
Filed under Author: Matthew L.M. Fletcher, gaming, Research, Supreme Court
Kelley v. Kelley Soon to Be Argued in North Dakota Supreme Court; Tribal Court Jurisdiction Case
Issues: Appellant’s Statement of the Issues: I. Whether the district court erred when it found it had subject matter jurisdiction over the custody and parenting responsibilities of the parties’ minor child. II. Whether the district court erred when it imposed … Continue reading
Filed under Author: Matthew L.M. Fletcher, Research, tribal courts
Cert Petition in Breakthrough Management Group v. Chukchansi Casino
The cert petition in BMG v. Chukchansi was filed two weeks ago. The petition is available here. Previous coverage of this case is here.
Filed under Author: Kate E. Fort, Supreme Court
ICT Coverage of “Coalition of Large Tribes” (Quoting GTB Chair Derek Bailey)
Here is the article. An excerpt: Given the limited attention the federal government pays to all tribal issues, frustrations can and do develop among the tribes, although you have to scratch beneath the polite, polished surface of the public positions … Continue reading
Filed under Author: Matthew L.M. Fletcher, Michigan Indian, News
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