Tag Archives: Oneida Indian Nation of New York

Gregory Ablavsky Guest Post: What Justice Thomas Gets Wrong About Constitutional History: Part 2—Ratification, Natelson, and Territorial Integrity

Professor Ablavsky is the author of “Beyond the Commerce Clause.” Part I is here. What Justice Thomas Gets Wrong About Constitutional History: Part 2—Ratification, Natelson, and Territorial Integrity One interesting aspect about Upstate Citizens is the underlying dispute’s highly ironic … Continue reading

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Greg Ablavsky Guest Post: What Justice Thomas Gets Wrong About Constitutional History: Part I—the Indian Commerce Clause

SCOTUS denied cert in two cases challenging the constitutionality of Section 5 of the Indian Reorganization Act, the statute that authorizes the Secretary of the Interior to take land into trust for Indian tribes. The petitions are here and here. … Continue reading

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Town of Vernon v. United States Cert Stage Materials

Here: Cert Petition Questions presented: 1. Whether a tribe that opted out of the Indian Reorganization Act can have its status under the Act revived under the Indian Land Consolidation Act, 25 U.S.C. § 2202, even though the United States did not … Continue reading

Posted in Author: Matthew L.M. Fletcher, federal recognition, fee to trust, Research, Supreme Court | Tagged , , , , , | 1 Comment

Federal Magistrate Recommends Section 1983 Suit against NY Oneida Police Proceed

Here are the materials so far in Alexander v. New York (N.D. N.Y): 1 Complaint 4 Magistrate Order

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

SCOTUS Denied Cert in Challenge to Oneida Trust Land Acquisition on Monday (Central New York Fair Business Assoc. v Zinke)

Missed it. Sorry. 🙂 Here’s the order list from Monday. Petition is here.

Posted in Author: Matthew L.M. Fletcher, fee to trust, Research, Supreme Court | Tagged , , , , | Leave a comment

Central New York Fair Business Assoc. v. Jewell Cert Petition

Here: Cert Petition Questions presented: 1) Does the Secretary of the Interior have unlimited authority pursuant to 25 U.S.C. § 465,25 U.S.C. § 9 and 43 U.S.C. § 1457 to promulgate and exercise the 25 CFR Part 151 regulations to … Continue reading

Posted in Author: Matthew L.M. Fletcher, fee to trust, Research, Supreme Court | Tagged , , , , | 1 Comment

Second Circuit Rejects Another Challenge to Oneida Trust Acquisition

Here is the unpublished opinion in Central New York Fair Business Assn. v. Jewell (PDF). Briefs: Appellants Brief Federal Brief Oneida Brief Appellants Reply Lower court materials here.

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

Second Circuit Briefs in Challenge to New York Oneida Trust Land Acquisition

Here are the briefs in Central New York Fair Business Assn. v. Jewell: Appellant Brief Federal Brief Oneida Brief Reply Brief Lower court materials here.

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

Supreme Court Cert Opposition Briefs in Stockbridge-Munsee Land Claim

Here (thanks to the Supreme Court Project page): State of New York Brief in Opposition Oneida Indian Nation Brief in Opposition The petition is here.

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

Law Professors Amicus Brief in Stockbridge-Munsee Community v. New York

Here. Previous coverage here.

Posted in Author: Kate E. Fort, Supreme Court | Tagged , , , , , , , , , , , | 1 Comment