Tag Archives: oral argument

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

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

Ninth Circuit Materials in Carsten v. Nevada Inter-Tribal Council — FMLA Claims

Here: Carsten Opening Brief ITC Answer Brief Carsten Reply Brief Oral argument video and audio. Lower court materials here.

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

Materials on Makah Indian Tribe’s Request for Determination Re Quileute and Quinault Usual and Accustomed Fishing Grounds in the Pacific Ocean

There is the potential for an enormous amount of chaos for both US v. Washington and for any Indian tribe with extant treaty rights based on the arguments going on here now. Most notably, several tribes (Quinault, Quileute, and Hoh) are … Continue reading

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Debate on JURIST re: NAGPRA and the Jim Thorpe Case

Here is Walter Olson’s post “NAGPRA, Indian Burials, and the Unquiet Grave.” Here is Elizabeth C. Varner, Diane Penneys Edelman and Leila Amineddoleh’s “NAGPRA and Congress’s Foresight.” H/T Pechanga. The Third Circuit materials are here (en banc petition pending).

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

Third Circuit Accepts NCAI and Sen. Nighthorse Campbell Amicus Briefs in Jim Thorpe Appeal

Here: ORDER (MCKEE, Chief and Circuit Judge) granting motions of the National Congress of the American Indians and Ben Nighthorse Campbell to file in support of the petition for rehearing. The Clerk is directed to file the briefs on the … Continue reading

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Ninth Circuit Materials in Tulalip Tribes v. State of Washington — Gaming Compact Dispute

Here are the briefs: Tulalip Opening Brief Samish Amicus Brief Washington Brief Tulalip Reply Oral argument audio here. Lower court materials here: 13 Tulalip Motion for Summary J 20 Washington Response 28 Tulalip Response 29 Tulalip Reply 30 Washington Reply … Continue reading

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

Third Circuit En Banc Petition Materials in Thorpe v. Borough of Jim Thorpe (UPDATED)

Here: Petition for Rehearing (12-8-14) NCAI Mtn for Leave and Proposed Brief in Support Filed 12-8-14 Senator Ben Nighthorse Campbell amicus brief Senator Ben Nighthorse Campbell motion for leave to file amicus brief UPDATE: Borough Opposition to NCAI Amicus Brief … Continue reading

Posted in Author: Matthew L.M. Fletcher, cultural resources, Research | Tagged , , , , , , , | 2 Comments

D.C. Circuit Rejects Bid by Buena Vista Rancheria to Intervene in Challenge to Trust Acquisition

Here is the opinion in Amador County v. Dept. of Interior. An excerpt: In 2005, Amador County, California brought suit against the Department of Interior challenging the Secretary’s approval of a gaming compact between the Buena Vista Rancheria of Me-Wuk … Continue reading

Posted in Author: Matthew L.M. Fletcher, gaming, Research, sovereign immunity | Tagged , , , , , , , , , , , | 2 Comments

Third Circuit Holds NAGPRA Does Not Require Repatriation of Jim Thorpe’s Remains

Here is the opinion in Thorpe v. Borough of Jim Thorpe: Jim Thorpe Opinion [Update — the clerk has withdrawn this version of the opinion for quality control.] An excerpt: Thorpe’s remains are located at their final resting place and … Continue reading

Posted in Author: Matthew L.M. Fletcher, cultural resources, Research | Tagged , , , , , , , | 4 Comments

Ninth Circuit Materials in Hoh/Quinault/Quileute v. Port Gamble/Jamestown/Makah Subproceeding 09-1

Here are the briefs in United States v. Washington subproceeding 09-1: Hoh Tribe Opening Brief Quinault & Quileute Tribes Opening Brief Makah Answer Brief Port Gamble and Jamestown S’Klallam Tribes Answer Brief Washington Answer Brief Hoh Tribe Reply Quileute & … Continue reading

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