2016 NNALSA Moot Court Request for Judges

Link to announcement here.

Link to registration here.

This year’s competition is March 5-6 at Michigan State College of Law.

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Presentation on Native Representations at the American Camp Association National Conference

Eric Hemenway, Anne Henningfeld, and Emily Proctor outside their well-attended panel.

IMG_0571

Posted in Author: Kate E. Fort, Michigan Indian | Tagged , , , , , , , , | Leave a comment

USDOT Virtual Tribal Forum on the Future of Transportation in America (Beyond Traffic)

The U.S. Department of Transportation invites you to participate in

BEYOND TRAFFIC

Virtual Forum for Tribal Nations

A Discussion about the Future of our Nation’s Transportation System featuring the Honorable Anthony Foxx, Secretary, U.S. Department of Transportation

Thursday, February 18, 2016
2:30 P.M. (E.S.T.)

We hope you will join us for a robust and interactive discussion about the Beyond Traffic Draft Framework and the future of our nation’s transportation system.  The Beyond Traffic Draft Framework outlines key trends facing our nation’s transportation system and potential policy considerations.  Following an overview of the key trends facing our nation’s transportation system from senior DOT leaders, participants will have the opportunity to provide direct insights on the draft “Beyond Traffic” framework, intended to ignite a national conversation on how new technologies and public policy will shape U.S. transportation systems to enable new safety, mobility, growth, and economic benefits over the next 30 years.

Please note that the Beyond Traffic Draft Framework can be downloaded at www.transportation.gov/beyondtraffic.

Please RSVP at

https://www.surveymonkey.com/r/BeyondTrafficTribal

Thank you!

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Oregonian Examines Burns Paiute Tribe’s Right to Malheur Refuge

Link to article here.

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Federal Court Decides Quiet Title Act Matter

Here are the materials in Northern New Mexicans Protecting Land Water and Rights v. United States (D. N.M.):

22 US Motion to Dismiss

30 Response

31 Reply

33 DCT Order

Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity | Tagged , , | Leave a comment

Federal Court Allows Agua Caliente Possessory Tax Challenge to Proceed

Here is the opinion in Agua Caliente Band of Cahuilla Indians v. Riverside County (C.D. Cal.):

DCT Order

Briefs here.

Posted in Author: Matthew L.M. Fletcher, Research, taxation | Tagged , , , , | Leave a comment

John LaVelle on United States v. Bryant

Here is “‘Uncounseled’ convictions a threat to Indians.”

Posted in Author: Matthew L.M. Fletcher, Criminal, Supreme Court, tribal courts | Tagged , , | Leave a comment

ABA Resolution #117 Adopted by House of Delegates

Link to final resolution and report here.

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Federal Court Holds Tribe and Council are Subject to Discover in FTCA Suit against US

Here are the materials in Matt v. United States (D. Mont.):

37 Motion to Quash

40-1 Opposition

42 Reply

45 DCT Order Granting Motion to Quash

An excerpt:

Matt seeks documents in the possession of the Fort Belknap Community Council. (Doc. 26-1 at 2.) In order to satisfy Matt’s request, Council would be required to take affirmative action to produce tribal documents. (Doc. 37 at 3.) If the Court granted Matt’s request the judgment would “interfere with public administration” of the tribe and would “compel [the sovereign] to act.” Maxwell, 708 F.3d at 1087-90. The recovery sought in this case would operate against the tribe. Matt should not be allowed to “circumvent tribal immunity” by addressing the Subpoena Duces Tecum to Mark Azure instead of to the tribe.

54 Motion to Compel

55 DCT Order

An excerpt:

The Council entered into an ISDEAA contract for the maintenance of the roads on Matt’s property. The Council and its tribal members should be deemed part of the BIA and subject to the FTCA. The Council and its tribal members should be subject to discovery related to the construction and maintenance of the roads covered by the ISDEAA contract.

 

Posted in Author: Matthew L.M. Fletcher, sovereign immunity, Uncategorized | Tagged , , , , | Leave a comment

United States v. Bryant Background Materials

Merits Stage Briefs:

Brief for the United States

NCAI Amicus Brief

NIWRC Amicus Brief

Former US Attys Amicus Brief

Cert Stage Briefs:

Cert Petition

NCAI Amicus Brief in Support

Opposition Brief

US Cert Stage Reply

Lower court briefs (en banc stage):

CA9 Order Denying En Banc Petition + Opinions

US En Banc Petition

NCAI Amicus Brief

Bryant Response

Lower court briefs (panel):

CA9 opinion in United States v. Bryant

Bryant Opening Brief

US Brief

Bryant Reply Brief

Bryant Supplemental Brief

US Supplemental Brief

Posted in Author: Matthew L.M. Fletcher, Criminal, Supreme Court, tribal courts | Tagged , , | Leave a comment

Noah Feldman on the Impact of Western Sky-Inspired Litigation on Tribal Sovereignty

Noah Feldman has posted “Tribes Don’t Get a Pass on Federal Law” on Bloomberg. HT How Appealing.

Despite the title (oh those editors!), tribal sovereignty isn’t mentioned until the last two paragraphs:

[Judge] Wilkinson tried to duck the deepest question in the case: Would it be all right to take federal law out of the picture altogether if Indian law applied instead? In this case, in practice, the recourse to tribal law would’ve been empty. But what if the Cheyenne River Sioux did have a robust arbitration mechanism in place or rules to guide an arbitration?

Under the decision, that shouldn’t matter: The court held that any agreement that rejects the application of federal law can’t be enforced. At the margin, this decision may actually reduce Indian tribes’ sovereignty. Whether it will help protect consumers from predatory lenders will depend on how other courts cite it.

These are good points. They could be tempered with a couple minor quibbles, mostly that the Cheyenne River Sioux Tribe, as I understand it, had nothing to do with Western Sky’s dispute resolution strategies. Perhaps anything the court said about that’s tribes sovereignty has to be dicta, and my reading of the opinion didn’t see anything like that (unlike the Seventh Circuit’s decision in Jackson).

This will be good fodder for consideration at the ASU e-Commerce meeting later this week….

 

Posted in Author: Matthew L.M. Fletcher | Tagged , , , | Leave a comment