Monthly Archives: July 2011

Cert Opposition Brief in U.S. v. New York and Oneida v. Oneida County

Here: US v NY — Cert Opp

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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

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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

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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

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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

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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

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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

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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

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Filed under Author: Matthew L.M. Fletcher, Research, sovereign immunity

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

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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

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Filed under Author: Matthew L.M. Fletcher, Research, Supreme Court