Monthly Archives: September 2011
Blake Watson on the Doctrine of Discovery and the Elusive Definition of Indian Title
Blake Watson has posted his paper, “The Doctrine of Discovery and the Elusive Definition of Indian Title,” on SSRN. It is forthcoming in the Lewis & Clark Law Review. Here is the abstract: This article contends that, pursuant to the … Continue reading
Filed under Author: Matthew L.M. Fletcher, legal history, Scholarship
Native Wholesale Supply Reply Brief in Cal. SCT Petition for Review
Here: NWS Reply
Filed under Author: Matthew L.M. Fletcher, Research
Ninth Circuit Rejects Yakama Indian Nation Challenge to Washington Taxes: “Economic Reality” Continues to Be Foreclosed in Indian Tax Cases
Here is today’s opinion in Confederated Tribes and Bands of the Yakama Indian Nation v. Gregoire. Here are the briefs (lower court materials here): Opening Brief of Plaintiff-Appellant Washington Answer Brief Yakama Indian Nation Reply An excerpt from the majority: … Continue reading
Filed under Author: Matthew L.M. Fletcher, Research, taxation
Oglala Sioux Tribe and United States HHS Settle Dispute over OST Accounting System re: Federal Funds and Grants
Here is that agreement: USAVOS~3
Filed under Author: Matthew L.M. Fletcher, Research
Written Testimony in SCIA Hearing on TLOA
Enough acronyms? Here is the link to the witness list, and the list is reproduced here: Panel # 1 Mr. Tom Perrelli Associate Attorney General United States Department of Justice, Washington, DC Written Testimony Mr. Larry Echo Hawk Assistant Secretary – … Continue reading
Filed under Author: Matthew L.M. Fletcher, Criminal, Legislation, Research
Government Summary Judgment Motion Denied in Challenge to S. Dakota Prison Ban on Tobacco
Here is the opinion in Native American Council of Tribes v. Weber (D. S.D.): NA Council of Tribes v Weber Summary judgment is denied on plaintiffs’ RLUIPA claim because genuine issues of material fact exist on whether defendants’ October 2009 … Continue reading
Tenth Circuit Affirms Dismissal of Federal Court ICWA Challenge on Res Judicata Grounds
Here is the opinion in Yancey v. Thomas. Excerpt: We are not persuaded. We agree with the Thomases that Yancey’s action is barred by res judicata and that the state-court rulings must be given full faith and credit under § … Continue reading
Filed under Author: Matthew L.M. Fletcher, Research
Maine Governor’s Administration and State Police Apologize After Violating Penobscot Nation’s Sovereignty
From Last Week’s MPBN Story: For members of the Penobscot Indian Nation, few provisions of the Maine Indian Claims Settlement Act of 1980 are as sacred as the sections of the document that acknowledge the tribe’s inherent sovereignty as a … Continue reading
Filed under Author: Adrea Korthase
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
