Category Archives: Author: Matthew L.M. Fletcher

Ninth Circuit Opening Brief In Appeal Of Ruling That Removal To Federal Court Waives Immunity

Here is the opening brief in Bodi v. Shingle Springs Band of Miwok Indians: Shingle Springs Opening Brief Here are some excerpts: Because Indian tribes are sovereigns preexisting the United States and its Constitution, they may be sued only where … Continue reading

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Cross-Motions for Summary Judgment in Agua Caliente Water Rights Claims

Here are the materials in Agua Caliente Band of Cahuilla Indians v. Coachella Valley Water District (C.D. Cal.): 82-1 CVWD Motion for Summary J 83 US Motion for Summary J 84-1 Desert Valley Water Dist. Motion for Summary J 85-1 … Continue reading

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Tenth Circuit Affirms Dismissal of State Law Employment Claims against Ute Tribe

Here is the opinion in Becker v. Ute Indian Tribe of the Uintah Reservation. Briefs are here. Lower court materials here.

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New Indian Law Scholarship in the Tulsa Law Review

Here: PDF In Search of a Civil Solution: Tribal Authority to Regulate NonMember Conduct in Indian Country Philip H. Tinker PDF A Brief History of Indian Trust Administration Reform: Will the Past be Prologue? Joseph R. Membrino

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Cross-Motions for Summary Judgment Briefing in City of Duluth v. National Indian Gaming Commission

Here: 25 Duluth Motion for Summary J 26 US Cross Motion for Summary J 27-1 Fond du Lac Proposed Amicus Bref 30 Duluth Reply 33 US Reply The materials on the federal government’s motion to dismiss are here. Complaint is … Continue reading

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New Scholarship on Removals of Indian Children from their Homes

Alyosha Goldstein has posted “Possessive Investment: Indian Removals and the Affective Entitlements of Whiteness,” published in the American Quarterly, on SSRN. Here is the abstract: In 2013 the US Supreme Court effectively granted custody of an almost four-year-old child to … Continue reading

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New Dissertation on Cooperative Land Use on an Indian Reservation

Dr. Rebecca M. Webster has completed her dissertation “Common Boundaries: Moving Toward Coordinated and Sustainable Planning on the Oneida Reservation” (PDF). Here is the abstract: Comprehensive planning can help communities engage in purposeful and sustainable land use development. Previous research … Continue reading

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Thurston County Tax Assessment on CTGW LLC Vacated

Here is the order: Order 09-1559 An excerpt: The pivotal question before the board at hearing was whether CTGW, LLC is an arm of the tribe such that it might be per se exempt from assessment and taxation on “un-attached … Continue reading

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Berkey Williams 2015 Indian Law Fellowship

Here: Fellowship – BW Public Interest 2015

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AT&T Sues Oglala Sioux Utility Commission over “Traffic Pumping”

Here is the complaint in AT&T v. Oglala Sioux Tribe Utility Commission (D. S.D.): ATTvOSTUtilitiesCommetalComplaint2014

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