Canada’s Chief Justice References “Cultural Genocide” of Aboriginal People

Here is “Chief Justice ignites debate over Canada’s treatment of aboriginals.

HT.

Posted in Author: Matthew L.M. Fletcher, Canadian Indian, News, Supreme Court of Canada | Tagged | Leave a comment

WaPo: Law is the Least Diverse Profession

Here is “Law is the least diverse profession in the nation. And lawyers aren’t doing enough to change that.”

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

Poarch Band Creek Sues Alabama Official over Taxes on Trust Property

Here is the complaint in Poarch Band of Creek Indians v. Hildreth (S.D. Ala.):

Complaint – filed copy

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

Webinar Announcement: “Modernizing and Reforming the United States’s Nation-to-Nation Trust Relations and Indian Trust Asset Management”

Registration here.

Materials:

2015-04-27 draft trust modernization principles

2015-04-27 draft trust modernization strategies

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

Adoption Industry Sues to Challenge New ICWA Guidelines

Here is the complaint in National Council for Adoption v. Jewell (E.D. Va.):

Complaint

Oops. Kate posted this forever ago.

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

California Appeals Court Holds Pechanga Casino Officials May Be Sued in Employment Action

Here is the opinion in Cosentino v. Fuller:

Opinion

An excerpt:

For sovereign immunity to apply, the claims against tribal officials must be based on actions the officials took in their  official capacity and within the scope of their official authority. An official’s actions that exceed the scope of his or her authority are not protected. Although the parties do not dispute that as members of the tribe’s gaming commission Defendants had the authority to revoke a gaming license if they received reliable information the licensee no longer satisfied the requirements for obtaining a license or had engaged in conduct that reflected poorly upon the tribe or its gaming activities, the record lacks evidence showing Defendants received any such information about Cosentino or an explanation of why they revoked his gaming license. Cosentino, however, presented evidence supporting his claim Defendants exceeded the scope of their authority by revoking his license without cause and in retaliation against him. Sovereign immunity prevents us from inquiring into the reliability of information Defendants may have relied upon in revoking Cosentino’s license or any other errors they may have made, but it does not prevent inquiry into whether Defendants exceeded their authority by using their official position to intentionally harm Cosentino.

Materials in a related Ninth Circuit matter are here.

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

Wisconsin SCT Rules in Favor of Tribe in Zoning Dispute

Here are the materials in Oneida Seven Generations Corp. v. City of Green Bay:

Oneida Seven Gen v Green Bay WI SCt Opinion

An excerpt:

Like the court of appeals we conclude that the City’s decision to rescind the conditional use permit was not based on substantial evidence. In conducting a certiorari review to determine whether there was substantial evidence to support a decision, we consider the evidence in context. Considering the context, we determine that based on the evidence presented, the City could not reasonably conclude that the statements by Oneida Seven’s representative to the City government regarding the proposed facility’s emissions and hazardous materials, its stacks, and its technology were misrepresentations. Accordingly, we affirm the court of appeals.

Opening Brief

Answer Brief

Reply Brief

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

NYTs’Op/Ed: “Selling Off Apache Holy Land”

Here.

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

NIGC Attorney Posting

Here.

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NPR on Climate Change at Navajo

Here is “Navajo Nation Witnesses Changing Landscape: Growing Sand Dunes.”

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