Tag Archives: Second Circuit

Second Circuit Affirms Dismissal of Shinnecock Land Claims

Here are the materials in Shinnecock Indian Nation v. State of New York: New York Brief Shinnecock Opening Brief Shinnecock Reply Shinnecock v NY Opinion

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

Second Circuit Rules in Favor of Seneca Nation in Gaming Dispute

Here is the opinion in Citizens Against Casino Gambling in Erie County v. Chaudhuri: CACGEC Opinion The court’s syllabus: The plaintiffs, organizations and individuals who oppose the operation of a casino on land owned by the Seneca Nation of Indians in Buffalo, … Continue reading

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

Second Circuit Rejects Jay Treaty Statute Defense to Criminal Prosecution

Here are the materials in United States v. Malachowski: Appellant Brief Appellee Brief CA2 Order An excerpt: Malachowski invokes 8 U.S.C. § 1359, which allows American Indians born in Canada to freely cross the borders of the United States, and contends that … Continue reading

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

Second Circuit Briefs in Cayuga Nation v. Tanner

Here: Appellant Brief Appellee Brief Lower court materials here and here.

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

Second Circuit Affirms Dismissal of Pro Se Employment Claims against Mohegan Sun Casino

Here are the materials in Tremblay v. Mohegan Sun Casino: Tremblay Brief Mohegan Brief CA2 Summary Order

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

Second Circuit Rejects Schaghticoke Land Claims

Here is the unpublished opinion in Schaghticoke Tribal Nation v. Kent School Corp. Inc.: Schaghticoke CA2 Opinion An excerpt: Ultimately, the district court concluded that the evidence submitted by STN was insufficient to satisfy the Montoya standard requiring that the … Continue reading

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

SCOTUS Rejects Seneca County’s Effort to File Cert Petition Out of Time

Here is the order list. The Second Circuit decision at issue is here.

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

Second Circuit Brief in IFP, Pro Se Employment Discrimination Complaint against Mohegan Sun Casino

Here is the tribe’s brief in Tremblay v. Mohegan Sun Casino: Mohegan Brief From the brief: On May 20, 2014, the Court granted the Defendant’s Motion to Dismiss based on sovereign immunity. The full text of the decision is as … Continue reading

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