Monthly Archives: May 2011
If It Walks Like A Geoduck And Talks Like A Geoduck, It Must Not Be An Aboriginal Right To Harvest Geoducks
In Ahousaht Indian Band v. Canada (Attorney General), the British Columbia Court of Appeal overturned a lower court’s (B.C. Supreme Court) decision which had held that Aboriginals’ right to fish and sell fish extended to “all species of fish within the … Continue reading
Filed under Aboriginal Rights, Author: Peter Vicaire, Canadian Indian
Federal Court Rejects Mich. AG Schuette Motion for Relief from Saginaw Chippewa/Granholm/Isabella County Reservation Boundary Settlement
Here is that order: DCT Order Denying Michigan AG Rule 60 Motion Here is the final settlement order from last December.
Filed under Author: Matthew L.M. Fletcher, Michigan Indian, Research
Sixth Circuit Affirms Conviction and Restitution in Theft of Ontonagon Reservation Timber
Here is the opinion in United States v. Genschow. The part of the opinion affirming restitution for a higher than market value of the timber is interesting: Tribal land similarly holds unique value in that its pristine, natural condition allow tribes … Continue reading
Filed under Author: Matthew L.M. Fletcher, Criminal, Michigan Indian, Research
Michigan COA, on Remand from Mich. SCT, Decides ICWA Notice Case
Here is that opinion. An excerpt: This termination of parental rights case returns to this Court on remand from the Supreme Court “for reconsideration of the respondent father’s appeal in light of the confession of error by petitioner Department of Human Services … Continue reading
Filed under Author: Matthew L.M. Fletcher, Research
Split Wisconsin Supreme Court Affirms Life Without Parole for 14-Year-Old Member of Menominee Tribe
Here are the remarkable opinions: 0520supremecourt. Possibly the most remarkable aspect of the majority opinion is the citation to numerous social science studies strongly advocating against prison time for juveniles, as well as a citation to an Amnesty International report criticizing … Continue reading
Filed under Author: Matthew L.M. Fletcher, Criminal, Research
Historical Boarding School Healing Symposium Press Release
Historical Boarding School Healing Symposium provides framework for moving forward Boulder, Colo. – May 19, 2011 – More than 30 representatives from the Boarding School Healing Project, Native American Rights Fund, American Indian Law Clinic at the University of … Continue reading
Filed under Author: Matthew L.M. Fletcher, News
Montana Supreme Court Decides In re Estate of Big Spring — Exclusive Tribal Court Jurisdiction over On-Rez Probate
Here is the opinion: Big Spring Opinion. An excerpt: Julie Big Spring (Julie) and William F. Big Spring III (William) appeal the order of the Ninth Judicial District Court, Glacier County, denying their motion to dismiss for lack of subject matter jurisdiction. They … Continue reading
Filed under Author: Matthew L.M. Fletcher, Research, tribal courts
Oneida Indian Nation v. County of Oneida Cert Petition
Here: Oneida Indian Nation of N.Y. v. County of Oneida Questions presented: 1. Whether the court of appeals contravened this Court’s decisions in Oneida Indian Nation of New York v. County of Oneida, 470 U.S. 226 (1985), and City of Sherrill v. Oneida … Continue reading
Filed under Author: Matthew L.M. Fletcher, Research, Supreme Court
United States v. New York: Government Cert Petition in Oneida Indian Nation Land Claims
Here is the petition: US v NY (Oneida) Pet Here is the question presented: The Trade and Intercourse Act of 1793 (also known as the Nonintercourse Act) stated in relevant part that “no purchase or grant of lands, or of … Continue reading
Filed under Author: Matthew L.M. Fletcher, Research, Supreme Court
Stacy Leeds Named Dean at Arkansas-Fayetteville Law School — First American Indian Female Law Dean
Incredible news!!!! Here is the link the news release. And the text: FAYETTEVILLE, Ark. – Stacy L. Leeds, interim associate dean for academic affairs, professor of law and director of the Tribal Law and Government Center at the University of … Continue reading
Filed under Author: Matthew L.M. Fletcher, News
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
