Tag Archives: equal protection clause

Fletcher Paper on States and American Indian Citizenship Rights (+ ICWA)

Here is “States and Their American Indian Citizens,” recently published in the American Indian Law Review. An excerpt: This article is intended to provide a theoretical framework for tribal advocates seeking to approach state and local governments to discuss cooperation … Continue reading

Posted in Author: Matthew L.M. Fletcher, Child Welfare, ICWA, Michigan Indian, Scholarship | Tagged , , , , | Leave a comment

Wisconsin COA Reverses Conviction of American Indian After Prosecutor Struck Only Indian Juror

Here is the opinion in State v. Snow: Wisconsin v. Snow An excerpt: Karen Lynne Snow appeals from a judgment of conviction for operating a motor vehicle with a prohibited alcohol concentration and an order denying her motion for a … Continue reading

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

New Scholarship by Sarah Krakoff on Race, Tribal Membership, and Tribal Sovereignty

Sarah Krakoff has posted her new paper, “Inextricably Political: Race, Membership and Tribal Sovereignty,” forthcoming from the Washington Law Review, on SSRN. Here is the abstract: Courts address equal protection questions about the distinct legal treatment of American Indian tribes … Continue reading

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

Harvest Institute Freedmen Cert Petition (Challenge to Cobell Settlement)

Here is the petition in Harvest Freedmen Institute v. United States: Harvest Inst. Freedmen Cert Petition Lower court materials here.

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Wyoming Supreme Court Rejects Equal Protection Challenge to ICWA “Clear and Convincing Evidence” Standard

Here the opinion in In re KMO. An excerpt: Several state courts have evaluated the equal protection argument in the context of the ICWA as compared with a state statute with a “clear and convincing” standard of proof. See, In … Continue reading

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D.C. Circuit Rejects Challenge to Western Shoshone Claims Distribution Act on Standing Grounds

Here are the materials in Timbisha Shoshone Tribe v. Salazar: CADC Opinion Timbisha Opening Brief Interior Answering Brief Timbisha Reply Timbisha Supplemental Brief Background materials are here.

Posted in Author: Matthew L.M. Fletcher, Research | Tagged , , , , | 1 Comment

Opening Brief in Timbisha Shoshone Tribe v. Salazar Judgment Funds Claim

An interesting case to watch. Here is the brief: Timbisha Opening Brief Here was the original complaint and a press release explaining the claim. And here is the district court order dismissing the claim: DCT Order in Timbisha Shoshone v … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research | Tagged , , , , | 1 Comment

Constitutional Challenge to Indian Arts and Crafts Act Fails

Here is the opinion in what appears to be the first IACA case in the First Circuit, out of the District of Rhode Island: DCT Order Denying Specialties’ Motion to Dismiss  

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Judge Cohn Rejects Challenge to Michigan Gaming Control and Revenue Act

The Eastern District of Michigan rejected a constitutional challenge to Michigan Const. art. IV, section 41, otherwise known as Proposal E, and the Michigan Gaming Control and Revenue Act. Here are the pleadings in Northville Downs v. Granholm. northville-downs-complaint state-motion-to-dismiss … Continue reading

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

Iowa Supreme Court Strikes Down Portion of Iowa ICWA

In In the Interest of A.W. the Iowa Supreme Court held that the Iowa ICWA‘s definition of “Indian child” violated the Equal Protection Clause. The definition included Indian children who were not eligible for membership in any tribe (“‘Indian child’ … Continue reading

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