Author Archives: Matthew L.M. Fletcher

Consumer Financial Protection Board Proposes to Regulate Payday Lending and Similar Activities

Here is the CFPB fact sheet, with links to outlines of proposals under consideration will be posted. News coverage here and here.

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Arizona State Law Journal Symposium: “School-To-Prison Pipeline in Indian Country”

Webcast link here. Conference materials here. Featuring our current and former colleagues Tiffani Darden and Laura McNeal!

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Ninth Circuit Reverses Judgment Favoring Crow Nation against HUD

Here is the opinion in Crow Tribal Housing Authority v. HUD. From the court’s syllabus: The panel vacated the district court’s order remanding the case to the Department of Housing and Urban Development (“HUD”) for a hearing, reversed the judgment, … Continue reading

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Florida COA Rules against Miccosukee Tribe in Suit against Lewis Tein

Here is the opinion: Florida COA Opinion An excerpt: Once the movants made such a presentation, the burden shifted to the Tribe as the non-movant opposing the motion to either (1) come forward with conflicting evidence that created a disputed … Continue reading

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Federal Defender Positioning United States v. Drapeau to Force Circuit Split over Use of Prior Uncounseled Tribal Court Convictions in Federal Sentencing Enhancement

Here is the opening brief in United States v. Drapeau: Drapeau Opening Brief An excerpt: Santana Drapeau was convicted of two counts of domestic assault by an habitual offender. In support of those charges the United States offered evidence of … Continue reading

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North Fork Rancheria Sues California Alleging Violation of IGRA Good Faith Negotiation Obligation

Here is the complaint in North Fork Rancheria of Mono Indians of California v. State of California (E.D. Cal.): 1 Complaint An excerpt: The Indian Gaming Regulatory Act (“IGRA”) requires states, upon request by an Indian tribe, to “negotiate with … Continue reading

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Yakama/Umatilla Prevail against Fish and Wildlife Service in Sacred Sites Question

Here are the materials in Confederated Tribes and Bands of the Yakama Nation v. Fish and Wildlife Service (E.D. Wash.): 1 Complaint 49 Umatilla Motion for Summary J 50 Yakama Motion for Summary J 52 FWS Motion for Summary J 54 … Continue reading

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Mishewal Wappo Tribe Loses Trust Breach/Federal Recognition Claim

Here is the order in Mishewal Wappo Tribe  of Alexander Valley v. Jewell (N.D. Cal.): 197 DCT Order Briefs are here.

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Quinault Moves to Dismiss Claims against Estate of Edward Comenout; Counterclaims Dismissed, Too

Here are the materials in Quinault Indian Nation v. Comenout (W.D. Wash.): 59 Quinault Motion to Dismiss Counterclaims 62 Opposition 67 Reply 72 DCT Order

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North Dakota SCT Holds State and Tribal Courts Enjoy Concurrent Jurisdiction over Child Support Matters…

… where one parent lives on and the other lives off the reservation.  Here is the opinion in Lavallie v. Lavallie. Briefs: Appellee Reply

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