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

7 Comments

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

1 Comment

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

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

3 Comments

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

US Officials Announce Meeting on South Dakota Indian Foster Care

Here.

Leave a Comment

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.

Leave a Comment

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

Leave a Comment

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

Leave a Comment

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

1 Comment

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

Turtle Talk Poll: What is the Biggest American Indian Law Story of the Year?

We will publish a top 10 biggest stories in the first week of January (like we did last year), but before we do, here is a sampling of the top stories. What stories do you think are the biggest?

3 Comments

Filed under Author: Matthew L.M. Fletcher

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

Leave a Comment

Filed under Author: Matthew L.M. Fletcher, economic development, Research, trust relationship