Monthly Archives: August 2011
1970s Diesel Oil Spill Still Being Litigated By Mathias Colomb Cree Nation
The Mathias Colomb Cree Nation (MCCN) is one step closer to settling a tort claim (against Canada and Manitoba Hydro) following diesel spillage on its reserve from1976-1985 . A $17 million settlement was negotiated and ratified but was most recently being contested by three MCCN members: Leah … Continue reading
Filed under Author: Peter Vicaire, Canadian Indian, Environmental
Ontario Superior Court of Justice Adds Two Schools To Residential Schools Settlement Agreement
Stirland Lake and Cristal Lake have been added to the already 130+ number of schools that have been identified and listed under Schedules “E” or “F” of Canada’s Residential Schools Settlement Agreement. Here’s the decision, Fontaine v. Canada (Attorney General).
Filed under Author: Peter Vicaire, Canadian Indian, Education
On Justice Ginsburg’s Admission She Doesn’t Read “Most” Amicus Briefs
Justice Ginsburg admitted earlier this week at a talk at SMU that she doesn’t read most amicus briefs. [A link to an article about her talk is here.] Here is an excerpt of the article reporting on the discussion: To … Continue reading
British Columbia Court of Appeal Dismisses Vancouver’s Appeal Against Musqueam Indian Band
The court didn’t agree with the Greater Vancouver Regional District’s argument that the recent Musqueam Reconciliation, Settlement and Benefits Agreement Implementation Act was ultra vires the province’s power because “it is, in pith and substance, a law in relation to … Continue reading
Federal District Judge “Invites” Quarreling Lawyers to “Kindergarten Party”
… including: An advanced seminar on not wasting the time of a busy federal judge and his staff because you are unable to practice law at the level of a first year law student. Here: Kindergarteners-order.
Filed under Author: Matthew L.M. Fletcher
Bob Miller on The International Law of Colonialism
Robert Miller has posted his working paper, “The International Law of Colonialism: A Comparative Analysis,” on SSRN. Here is the abstract: The majority of the non-European world was colonized under an international law that is known as the Doctrine of … Continue reading
Filed under Author: Matthew L.M. Fletcher, Scholarship
Opening Brief in Bay Mills Appeal to the Sixth Circuit re: Vanderbilt Casino
Here: BMIC Opening Brief in CA6 Appeal
Filed under Michigan Indian, Research, gaming, Author: Matthew L.M. Fletcher
Tenth Circuit Affirms BIA Decision NOT to Accept Individual Trust Allotment Devise to Miami Tribe in Kansas City
Here are the materials in Miami Tribe of Oklahoma v. United States: CA10 decision USA Appellant Brief and Addendum Miami Tribe Appellee Brief USA Reply Brief An excerpt: This appeal requires us to consider whether the Bureau of Indian Affairs … Continue reading
Filed under Author: Matthew L.M. Fletcher, gaming, Research
Claims to Benefits from Table Mountain Rancheria Restoration Dismissed
Here are the materials in Lewis v. Salazar (E.D. Cal.): 61 – Memorandum Order Granting Motions to Dismiss With Prejudice 50.1 – Tribal Defendants’ Motion to Dismiss SAC 52.1 Salazar – MPA re Motion to Dismiss SAC 53 – Opposition … Continue reading
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
