Category Archives: Research

Split Ninth Circuit Panel Finds Colorable Navajo Labor Commission Jurisdiction over Window Rock School District

Here is the opinion in Window Rock School District v. Nez. An excerpt from the court’s syllabus: The panel held that it was “colorable or plausible” that the tribal adjudicative forum, the Navajo Nation Labor Commission, had jurisdiction because the claims arose … Continue reading

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Tiger Swan Tactics

In a four-part series, The Intercept examines the blurred lines between private security and public law enforcement, and the impact of corporate money on the increasing opposition to oil pipelines. TigerSwan Tactics Part 1:  Leaked Documents Reveal Counterterrorism Tactics Use … Continue reading

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Dakota Access security firm operated in ND without license, board says

In a complaint dated June 12, attorneys for the North Dakota Private Investigative and Security Board said the agency denied an application to James Patrick Reese, the founder of North Carolina-based TigerSwan, to become a licensed private security provider earlier … Continue reading

Posted in Environmental, Research | 1 Comment

Tenth Circuit Holds NIGC Indian Lands Opinion Letters Not Final Agency Action

Here is the opinion in State of Kansas v. Zinke. An excerpt: The question in this case is whether a legal opinion letter issued by the Acting General Counsel of the National Indian Gaming Commission (“NIGC”) regarding the eligibility of Indian lands … Continue reading

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

Washington COA Dismisses Two Challenges to Swinomish Civil Forfeiture under Rule 19

Here is the unpublished opinion in Washington v. Director of the Dept. of Licensing. An excerpt: After losing her vehicle to the Swinomish Tribe in civil forfeiture, Washington filed this suit against the Department of Licensing and unnamed Swinomish police … Continue reading

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

Split Ninth Circuit Panel Allows Equal Protection Claim against FBI Official Who Failed to Properly Investigate Murder of Crow Nation Members

Here is the unpublished opinion in Cole v. Oravec. Briefs: Appellant Brief Answer Brief Reply Prior posts here.

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Federal Court Affirms Some 638 Contract Denials re: Northern Arapaho Tribe, Remands Others

Here are the materials in Northern Arapaho Tribe v. Lacounte (D. Mont.): 131 NAT Motion for Summary Judgment 140 US Cross Motion 146 NAT Reply 149 US Reply 175 DCT Order An excerpt: The Court affirms the BIA’s declinations of … Continue reading

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Arizona COA Vacates Gila River Member’s Conviction for Crime Committed Entirely On-Rez, Affirms Conviction for Fleeing Police

Here is the unpublished opinion in State v. Carpio (Ariz. Ct. App.): State v Carpio An excerpt: Manuel Carpio appeals his convictions and sentences for one count of disorderly conduct and one count of unlawful flight from a law enforcement vehicle. Carpio, … Continue reading

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

Oil will keep flowing through the Dakota Access Pipeline — for now.

From Grist.org: At a Wednesday hearing, U.S. District Court Judge James Boasberg established a summer timeline for the Standing Rock Sioux and the Cheyenne River Sioux to submit arguments that the pipeline should be shut down while additional environmental review … Continue reading

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Ninth Circuit Affirms Dismissal of Tort Claim against Rocky Boy’s

Here is the unpublished opinion in Eagleman v. Rocky Boy’s Chippewa-Cree Business Committee or Council. Briefs here. Lower court materials here. Oral argument video here.

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