Category Archives: Research

California COA Briefs in Individual Capacity Suit Arising at Elem Indian Colony of Pomo Indians

Here are the briefs in Brown v. Garcia: Opening Brief Here is a description of the matter from the appellant brief: This is a tort case concerning Respondents’ publication of defamatory statements against Appellants and whether Appellants are entitled to … Continue reading

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

Ninth Circuit Denies En Banc Petition in Tavares v. Whitehouse

Here are the materials: CA9 Order Denying Petition En Banc Petition Prior posts here.

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

Review of The Other Slavery: The Uncovered Story of Indian Enslavement in America

My review of Andrés Reséndez’s The Other Slavery: The Uncovered Story of Indian Enslavement in America is up on JOTWELL: Equality. I highly recommend the book. It’s a dense and emotionally difficult read but well worth it for the knowledge … Continue reading

Posted in Author: Ann Tweedy, Human Trafficking, legal history, Research | Tagged , , , , , , | Leave a comment

Ninth Circuit Rejects Mishewal Wappo Trust Breach Claim

Here are the materials in Mishewal Wappo Tribe of Alexander Valley v. Zinke: Unpublished Opinion Briefs: Opening Brief Federal Answer Brief Amicus Brief Reply Other posts with lower court materials here.  

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Jenn Weddle Guest Commentary on Lewis v. Clarke

This was the best possible result in this case (a narrow remand).  Justice Sotomayor’s opinion keeps tribal employees on equal footing with federal and state employees and decides the import of indemnification provisions – really have nothing to do with … Continue reading

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Central Arizona Water Conservation District Responds to Ak-Chin Suit; Seeks Federal Joinder

Here are the new materials in Ak-Chin Indian Community v. Central Arizona Water Conservation District (D. Ariz.): AnswerCC motion Complaint is here.

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

Tenth Circuit Upholds Interior’s Authority to Release Gray Wolves in New Mexico

Here is the opinion in New Mexico Dept. of Game and Fish v. Dept. of the Interior.

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

Initial Observations about Lewis v. Clarke

Opinion and materials here. The initial impact could be very big. The holding is pretty broad, bringing in the doctrine of official immunity to the tribal context without the same grounding or context as state and federal official immunity doctrines. … Continue reading

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

Unanimous SCOTUS Rules Against Tribe in Lewis v. Clarke

Here is the opinion. Materials here.

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

Unpublished ICWA Case from Kansas Court of Appeals

There’s a lot of discussion about what the standards for removal are in an ICWA case at the first (emergency/24/48/72 hour/prelim/shelter care) hearing after a child is removed. This is the question of the Oglala Sioux v. Van Hunnik federal … Continue reading

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