NYTs: “There’s Never Been a Native American Congresswoman. That Could Change in 2018.”


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Summer Indian Law Program at Montana


Law students, grad students, attorneys, tribal leaders:

JOIN US for the Summer American Indian and Indigenous Law Program here at the Alexander Blewett III School of Law at the University of Montana in beautiful Missoula. We are once again offering a unique slate of courses (for which we have also requested CLE credit) taught by some of the preeminent scholars and practitioners in our field. Topics include:

June 4-8: Indian Law Research, Prof. Stacey Gordon (ABIII School of Law, Univ. of Montana, Missoula, MT)

June 11-15: Mastering American Indian Law, Prof. Maylinn Smith (ABIII School of Law, Univ. of Montana, Missoula, MT)

June 18-22: American Indian Children and the Law, Professor Kate Fort (Michigan State University College of Law, East Lansing, MI)

June 25-29: Designing Effective Governmental Regulations, David Hindin (Director, Office of Compliance, Office of Enforcement and Compliance, USEPA, Washington D.C.)

July 2-6: Alaska Native Law and Policy, Matt Newman (Staff Attorney, Native American Rights Fund, Anchorage, AK)

July 9-13: Native Hawaiian Law, (Professor Melody Kapilialoha MacKenzie, William S. Richardson School of Law, Honolulu, HI)

July 16-20: Water Law in Indian Country, John Carter (Tribal Attorney, Confederated Salish & Kootenai Tribes, Pablo, MT)

July 23-27: Indigenous Peoples in International Law (Professor Kristen Carpenter, University of Colorado School of Law, Boulder, CO)

The program is a great opportunity for students, attorneys, and tribal leaders to gain or feed a passion for Indian law by engaging with other outstanding students and professors in a beautiful and scenic location. Please have them check out our website: www.umt.edu/indianlaw. Also, please feel free to pass the website along to others who may be interested in this opportunity to spend a few weeks this summer learning with us here in Missoula.

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Harvey v. Ute Indian Tribe Cert Petition


Harvey v. Ute et al. Petition

Questions presented:

1.Whether the tribal remedies exhaustion doctrine, which requires federal courts to stay cases challenging tribal jurisdiction until the parties have exhausted parallel tribal court proceedings, applies to state courts as well.

2.Whether the tribal remedies exhaustion doctrine requires that nontribal courts yield to tribal courts when the parties have not invoked the tribal court‘s jurisdiction.

Lower court materials here.

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

National Indian Law Library Bulletin (3/15/2018)


The National Indian Law Library added new content to the Indian Law Bulletins on 3/15/18.

Law Review & Bar Journal Bulletin

  • Justice for Native Nations: Insights from legal pluralism.
  • GMOs, International law, and Indigenous peoples.
  • May the spirit of section 106 yet prevail?: Recognizing the environmental elements of Native American intangible cultural heritage.

Tribal Courts Bulletin
Eastern Band of Cherokee Indians v. Lambert (Impeachment)
Apachito v. Navajo Election Administration (Elections)
Northern Edge Casino v. Window Rock District Court (Personal Injury)

State Courts Bulletin
State v. Zack (Jurisdiction)

Regulatory Bulletin
The Department of the Interior has issued a notice relating to a list of programs eligible for inclusion in funding agreements negotiated with self-governance tribes.

News Bulletin
In the Health & Welfare section, we feature a couple of articles about Congressional efforts to battle opioid addiction in Indian Country.

U.S. Legislation Bulletin
The following bills were added:

  • S. 2514: PACED Act (Preserving Access to Cost Effective Drugs) [bill to abrogate tribal sovereign immunity]
  • S. 2545: A bill to amend the Public Health Service Act to authorize a special behavioral health program for Indians.
  • H.R.5244: To reaffirm the Mashpee Wampanoag Tribe reservation, and for other purposes.
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Federal Court Denies Reconsideration of Restoration of Swinomish Claims in BNSF Dispute

Here are the new materials in Swinomish Indian Tribal Community v BNSF Railway Company (W.D. Wash.):

88 Motion for Reconsideration

91 Swinomish Response

92 Reply

93 DCT Order

Prior posts here.

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Wisconsin Law’s 32nd Annual Coming Together of Peoples Conference

Pics here:

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New Paper on the Impact of Indian Law Scholarship

Grant Christensen (The University of North Dakota) and Melissa L. Tatum (University of Arizona – James E. Rogers College of Law) have posted “Reading Indian Law: Evaluating Thirty Years of Indian Law Scholarship,” forthcoming in the Tulsa Law Review.

Here is the abstract:

This article surveys thirty years of law review articles and compiles a formal ranking system to create a list of the 100 most influential Indian law scholarly pieces from the last thirty years. As Indian law has grown from a niche field offered by a couple schools to a robust legal discipline it is now impossible for the thousands of professors, students, practitioners, and judges to identify the most important pieces published each year. This piece, with its first of its kind approach to ranking Indian law scholarship, has the potential to not only highlight other important works but to become an article that is itself the focus of conversation.

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Native Trade conference March 23-24 in Tucson

Here is the agenda: All Roads Lead to Chaco Canyon – Tentative Agenda

Native Trade Conference Flyer(1)


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News Profile of Ute Tribe Reservation Suit against US

Here is “Ute Tribe takes U.S. government to court over ‘theft’ of land and water in historic Uncompahgre.”

Link to complaint here.

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2018 Native American Critical Issues Conference (March 22-24, 2018)


Critical Issues 2018

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