SCOTUS Denies Cert in Lewis Tein PC v. Mikkosukee

Here is yesterday’s order list.

Petition stage materials here.


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

TICA Webinar on Dealing with Difficult Clients TODAY


Today’s presentation will feature my favorite two difficult clients, Vernon Big Chief and Sheldon FiveBulls (Miigwetch to the 1491s for permission to use screenshots from their video “Master Debaters” — sadly only one of “The Three Ps” will be mentioned in this presentation):

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Thanks to ASU ILP for Hosting Me Yesterday!


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NNABA Foundation Announces Bar Review Scholarship

The National Native American Bar Association (NNABA) Foundation is excited to announce the second year of its Bar Review Scholarship Program.  NNABA Foundation will award at least ten (10) $1,500 scholarships.

To advance our mission to foster the development of Native American lawyers, the NNABA Foundation Board of Directors established this Scholarship Program to help Native American law students offset bar review course/program expenses. The Bar Prep Scholarships were made possible by the generous support of Walmart and NBCUniversal.

The scholarship recipients will be honored at NNABA’s Annual Meeting, which will be held on April 4, 2018, at the Talking Stick Resort and Casino, Scottsdale, Arizona. More information and a copy of the NNABA Foundation Bar Review Scholarship application is attached and available HERE. The deadline to apply for these scholarships is March 2, 2018.

Please contact Lauren van Schilfgaarde or Colleen Lamarre with any questions regarding the scholarship.  Thank you!

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

Nottawaseppi Huron Band Potawatomi Supreme Court Pics (Sparty in the House)

This gallery contains 2 photos.

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News Coverage on IHS Nominee

Roll Call: “Questions Could Derail Confirmation of Trump’s Indian Health Nominee

Mother Jones: “Trump Nominee Appears to Have Practiced a Wee Bit of Resume Inflation”

WSJ: “Trump Nominee to Lead Indian Health Services Faces Claims of Misrepresentation

Esquire: “Checking in on Trump’s Promise to Only Hire the ‘Best People’

CNBC: “Trump pick for Indian Health Service under fire for job experience claims

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

Todd Hembree Commentary in EdWeek about the Cherokee Opioid Matter

Todd Hembree has published “Fighting the Opioid Epidemic at Its Source” in EdWeek.

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

Eid & Goldtooth on Navajo Juvenile Justice Law

Troy A. Eid and DeAnna Goldtooth have published “’Children Are Sacred’:  Applying Navajo (Dine’) Fundamental Law to Strengthen Juvenile Justice” at 62 The University of South Dakota Law Review 728 (2017). The draft manuscript is here.

Posted in Author: Matthew L.M. Fletcher, Criminal, Research, Tribal Codes, tribal courts | Tagged | Leave a comment

NYTs News Profile of Uranium Mining at Bears Ears

Here is “Uranium Miners Pushed Hard for a Comeback. They Got Their Wish.

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

Gregory Ablavsky on Indian Law and Legal History

Gregory Abalvsky has posted “History, Power, and Federal Indian Law” on Process, the blog of the Organization of American Historians, The Journal of American History, and The American Historian.

An excerpt:

Indian law is not unique in involving judicial uses of history. But not only is Indian law exceptionally historically focused, it is also different from, for instance, the more familiar fights over originalism. While struggles over constitutional history often concern grand and abstract principles and attract significant attention, Indian law cases are often viewed as minor—Justice Brennan reportedly once referred to them as “chickenshit”—and their outcome likely turns on the very local and specific pasts of a particular reservation, treaty, or centuries-old statute. The indeterminacy of these histories gives judges remarkably wide rein to craft the law as they see fit: “[W]hen it comes to Indian law,” the late Justice Scalia once quipped, “most of the time we’re just making it up.”

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