Monthly Archives: July 2011
Cert Opposition Brief in U.S. v. New York and Oneida v. Oneida County
Here: US v NY — Cert Opp
Filed under Author: Matthew L.M. Fletcher, Research, Supreme Court
Tribal, State, and Federal Summit — Collaboration Across Jurisdictions Addressing Family Violence
Here is the flyer: Tribal State and Federal Summit Flyer August 2011
Filed under Announcements, Author: Matthew L.M. Fletcher, Symposia
DOJ Proposes Legislation to Combat Violence against Indian Women
Here: Justice Department Legislative Proposal on Violence Against Native Women
Filed under Author: Matthew L.M. Fletcher, Criminal, Legislation, tribal courts
Cherokee Supreme Court Invalidates Principal Chief Election
As reported on the Indianz twitter feed, the Cherokee Supreme Court has invalidated the election for Principal Chief. Finding that it is “impossible to determine the election result with mathematical certainty or to certify a successful candidate for the Office … Continue reading
Filed under Author: Kate E. Fort, tribal election
Aboriginal Peoples Television Network May Get Access to Human Rights Tribunal Concerning Aboriginal Child Welfare
A Federal Court judge recently set aside a decision made by the Human Rights Tribunal which denied the Aboriginal Peoples Television Network (APTN) access to hearings concerning allegations of inequitable funding of child welfare services on First Nations reserves. Here’s the decision. The aboriginal parties (Assembly … Continue reading
Filed under Aboriginal Rights, Author: Peter Vicaire, Canadian Indian
New Scholarship on Indian Gaming and Bankruptcy
Emir Aly Crowne (né Mohammed), Andrew Black, and S. Alex Constantin have posted Not Out of the (Fox)Woods Yet: Indian Gaming and the Bankruptcy Code on SSRN. It has been published in the UNLV Gaming Law Journal. Here is the abstract: … Continue reading
Filed under Author: Matthew L.M. Fletcher, gaming, Scholarship
Only 27% of Canada’s First Nations’ Drinking Water Is Considered Safe
In a recent, independent study of water quality on reserves, it was determined that 39% of First Nations drinking water systems are at a “high” risk, while another 34% were deemed to be a “moderate” risk. The report also concluded that … Continue reading
Filed under Author: Peter Vicaire, Canadian Indian, water rights
California Court of Appeals Holds Arbitration Provision Doesn’t Abrogate Tribal Immunity
Here is the opinion in California Parking Services v. Soboba Band of Luiseno Indians. Here are the available briefs: Cal Parking Services Opening Brief Cal Parking Services Reply Brief
Gila River Indian Community v. Lyon Cert Petition
Here: Gila River v Lyon Cert Petition Here are the questions presented: I. Whether, under Federal Rule of Civil Procedure 19(b), courts may adjudicate and compromise legal rights in land to which the United States holds title without the United States’ participation … Continue reading
Filed under Author: Matthew L.M. Fletcher, Research, Supreme Court
Cert Petition in Arctic Slope v. Sebelius (II)
It will be interesting to see what the OSG does with this. The last time a circuit split developed in similar circumstances, the government brought a cert petition and essentially concurred with the tribal cert petition (Cherokee Nation v. Leavitt). … 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
The Eagle Returns: The Legal History of the Grand Traverse Band of Ottawa and Chippewa Indians