Monthly Archives: August 2011
Two Shields v. United States — Breach of Trust Complaint re: Fort Berthold Oil Reserves
Here is the complaint in Two Shields v. United States (Fed. Cl.), a class action: Two Shields Stamped Class Action Complaint. The complaint seeks more than $400 million from the United States.
Filed under Author: Matthew L.M. Fletcher, Research
Dexter McNamara Named Chairman at Little Traverse Bay Bands
Here is the ICT article.
Filed under Author: Matthew L.M. Fletcher, Michigan Indian, News
Cert Petition in Salazar v. Patchak
Here: US Cert Petition in Patchak Questions presented: 1. Whether 5 U.S.C. § 702 waives the sovereign immunity of the United States from a suit challenging its title to lands that it holds in trust for an Indian tribe. 2. … Continue reading
Suffolk Law Announces New Indian Law Clinic
This text is from a mass email sent to law clinicians, and isn’t (I suspect) the official announcement: Suffolk Law is excited to announce the creation and launch of our Indian Law and Indigenous Peoples Clinic. This is a project … Continue reading
Filed under Announcements, Author: Matthew L.M. Fletcher, Education
Gun Lake Band Cert Petition in Patchak
Here: 2011.08.24 – Gun Lake Cert Petition. I. Whether the Quiet Title Act and its reservation of the United States’ sovereign immunity in suits involving “trust or restricted Indian lands” apply to all suits concerning land in which the United States “claims an interest,” … Continue reading
Treaty Rights and the Cherokee Freedmen Decision
This isn’t a post on the merits of the Freedmen case, but instead a rumination about the import of U.S.–tribal treaty rights in tribal courts. Generally, do treaty rights have legal import in tribal court? My reading of the Nash case … Continue reading
Filed under Author: Matthew L.M. Fletcher, treaty rights, tribal courts
North Dakota Supreme Court Decides Kelly v. Kelly II
Here is the opinion from yesterday, an ongoing divorce that involves members of the Standing Rock Sioux Tribe. The first Kelly case involved questions of tribal court jurisdiction.
Filed under Uncategorized
People v. Shelton: Suppression of Evidence Obtained by Cabazon Band Casino Security Guard
Here is the unpublished opinion (h/t Pechanga), affirming the suppression of the evidence because of an improper appeal. The Cabazon Band’s amicus brief is here.
Filed under Author: Matthew L.M. Fletcher, Criminal, gaming, Research
Seventh Circuit Affirms Denial of Injunction in Asian Carp Suit (Michigan v. Army Corps)
Here is the opinion. An excerpt: We conclude that the court’s decision to deny preliminary relief was not an abuse of discretion. Our analysis, however, differs in significant respects from that of the district court, which was persuaded that the … Continue reading
EEOC Requests Vacature and Remand of Ninth Circuit’s Decision in Navajo Nation/Peabody Coal Cert Petitions
Here is the federal brief: Brief for Federal Respondent. Cert petitions are here. CA9 opinion post is here.
Filed under Author: Matthew L.M. Fletcher, Research, Supreme Court
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
