News Profile of Samoan Birthright Citizenship Cases

From Mother Jones, here is “The Obama Administration Is Using Racist Court Rulings to Deny Citizenship to 55,000 People.”

HT to How Appealing.

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

Part-time Law Clerk with Mille Lacs Band of Ojibwe

Download job announcement here.

Link to another recent Band job posting here.

Posted in Author: Sarah Donnelly, jobs | Tagged , | Leave a comment

Ninth Circuit Holds Timbisha Leadership Dispute Mooted by Adoption of New Constitution

Here is the opinion in Timbisha Shoshone Tribe v. Dept. of Interior.

The court’s syllabus:

The panel dismissed, as moot, an appeal from the district court’s dismissal of a case challenging the Department of the Interior’s recognition of the election results for leadership authority over the Timbisha Shoshone Tribe. The panel held that the Tribe’s recent adoption of a new constitution, which overhauled tribal membership requirements, mooted the appeal because there was no chance that a remand to the Bureau of Indian Affairs would make any difference whatsoever in the election results.

Briefs here.

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

First Lady Michelle Obama at Santa Fe Indian School Commencement

Link to video of her remarks here.

Link to news coverage from the Santa Fe New Mexican here.

Posted in Author: Sarah Donnelly, Education, News | Tagged | Leave a comment

National Indian Law Library Bulletin (5/26/2016)


The National Indian Law Library added new content to the Indian Law Bulletins on 5/26/16.

State Courts Bulletin
Kitras v. Town of Aquinnah (Easement by Necessity)
In re A.R.V.S. (Indian Child Welfare Act – Juvenile Dependency Appeals)
People in Interest of A.B. (Indian Child Welfare Act – Expert witnesses)

News Bulletin
In the Education section, we feature an article about a Native American student who filed a class-action lawsuit in an education scandal.

U.S. Legislation Bulletin
One bill became law: H.R.4238, To amend the Department of Energy Organization Act and the Local Public Works Capital Development and Investment Act of 1976 to modernize terms relating to minorities became PL 114-157.
We added two new bills:
S.2953: Indian Health Service Accountability Act of 2016.
S.2959: A bill to amend the White Mountain Apache Tribe Water Rights Qua ntification Act of 2010 to clarify the use of amounts in the WMAT Settlement Fund.

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

Caddo Nation Sues Witchita Nation over Sacred Site

Here is the complaint in Caddo Nation of Oklahoma v. Witchita and Affiliated Tribes (W.D. Okla.):


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

Complaint in Mission Creek Band of Mission of Indians v. Jewell

Here, filed in the Central District of California:


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Eastern District of Michigan is Hiring AUSAs

Link to vacancy announcement here.

The Eastern District of Michigan is hiring more than one Assistant US Attorney.  The announcement will remain open to fill current and future vacancies.  Applicants should have two years of experience post law school.

Posted in Author: Sarah Donnelly, jobs | Tagged , , | Leave a comment

Turtle Talk Bookbag: John Borrows’ “Freedom & Indigenous Constitutionalism”

Book page here. Highly recommended.



Indigenous traditions can be uplifting, positive, and liberating forces when they are connected to living systems of thought and practice. Problems arise when they are treated as timeless models of unchanging truth that require unwavering deference and unquestioning obedience.Freedom and Indigenous Constitutionalism celebrates the emancipatory potential of Indigenous traditions, considers their value as the basis for good laws and good lives, and critiques the failure of Canadian constitutional traditions to recognize their significance.

Demonstrating how Canada’s constitutional structures marginalize Indigenous peoples’ ability to exercise power in the real world, John Borrows uses Ojibwe law, stories, and principles to suggest alternative ways in which Indigenous peoples can work to enhance freedom. Among the stimulating issues he approaches are the democratic potential of civil disobedience, the hazards of applying originalism rather than living tree jurisprudence in the interpretation of Aboriginal and treaty rights, American legislative actions that could also animate Indigenous self-determination in Canada, and the opportunity for Indigenous governmental action to address violence against women.

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

Rebecca Tsosie Joins Univ. of Arizona


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