Monthly Archives: December 2011
Commentary on David Treuer NYTs Op/Ed on Indian Blood Quantum
Here is the op/ed. It’s a great one, and well worth reflection. A note of commentary … from a lawyer. This is a bit of an odd opinion in that I’m not sure what the position is. Treuer never rejects blood … Continue reading
Filed under Author: Matthew L.M. Fletcher
Slate on Justice Sotomayor’s “Lonely” Dissent in Jicarilla Apache Nation
Here. An excerpt: Sotomayor focused her dissent on the uncomfortable public policy implication of the majority opinion, namely, that the government could have legitimate reasons for managing the trust beyond, or perhaps even contrary to, the interests of the tribe … Continue reading
BIA Enjoined from Removing Disenrollees from San Pascqual Band Tribal Roll
Here are the materials in Alto v. Salazar (S.D. Cal.): San Pasqual 12 19 11 Order Alto Motion for PI BIA Response San Pascqual Band Motion to Dismiss San Pascqual Band Motion to Dismiss Part 2 Alto Opposition to San … Continue reading
Filed under Author: Matthew L.M. Fletcher, Research
US Officials Announce Meeting on South Dakota Indian Foster Care
Here.
Filed under Author: Matthew L.M. Fletcher, ICWA, News
NPR: Vatican Declares Lummi Boy’s Recovery a Miracle; Announces Sainthood for Kateri Tekakwitha
Here is the news article.
Filed under Author: Matthew L.M. Fletcher, News
KBIC Proposed Gaming Facility in Marquette County Approved by Department of Interior; Cayuga Request Dismissed
From the press release (though the embedded links with additional information aren’t yet working): The Keweenaw Bay Indian Community is located in Baraga County, Mich., and has approximately 3,310 members. It has more than 6,000 acres of existing trust lands … Continue reading
Filed under Announcements, Author: Kate E. Fort, gaming, Michigan Indian, News
Split D.C. Circuit Grants Attorney Fees to Tribal Intervenors in EPA Mercury Rule Case (New Jersey v. EPA)
Here is the opinion. And the briefs: Tribal Motion for Atty Fees EPA Opposition Tribal Reply The underlying merits decision from the D.C. Circuit vacating a Bush-era EPA mercury rule is here. BLT coverage is here. Here are the intervening … Continue reading
Filed under Author: Matthew L.M. Fletcher, Environmental, Research
Tenth Circuit Rejects “Incomprehensible” Challenge to 1954 Ute Partition Act
Here is the unpublished decision in Hackford v. State of Utah. And the briefs: Hackford Brief Utah Brief
Filed under Author: Matthew L.M. Fletcher, Research
Fifth Circuit Rejects Individual Challenges to Alabama-Coushatta Mining Leases with Comstock
Here are the materials in United States ex rel. Kennard v. Comstock Resources Inc. (opinion here): Kennard Opening Brief Comstock Resources Brief USA Amicus Brief Kennard Reply Comstock Supplemental Brief
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