Tag Archives: Tenth Amendment

Elizabeth Reese on the People’s Tenth Amendment

Elizabeth Reese has posted “Or to the People: Popular Sovereignty and the Power to Choose a Government,” published in the Cardozo Law Review, on SSRN. Here is the abstract: To protect state sovereignty, contemporary textualism has reinvigorated the Tenth Amendment … Continue reading

Posted in Author: Matthew L.M. Fletcher, Scholarship | Tagged ,

Federal Judge Rules ICWA Unconstitutional in Brackeen v. Zinke

Here is the opinion in Brackeen v. Zinke (N.D. Tex.): 166_DCT Order.pdf Case page with briefs here. A federal court has held that ICWA violates the equal protection component of the Fifth Amendment’s Due Process Clause, rejecting the Morton v. … Continue reading

Posted in Author: Matthew L.M. Fletcher, ICWA, Research | Tagged , , , , , , | 3 Comments

2nd Circuit Affirms Oneida Fee into Trust Judgment

Here are the materials in the matter of Upstate Citizens for Equality v. United States of America, 15-cv-01688 (Nov. 9, 2016): Doc. 100 Brief for Plaintiffs-Appellants Town of Vernon, New York, Town of Verona, Abraham Acee and Arthur Strife Doc. 101 … Continue reading

Posted in Author: Sarah Donnelly, fee to trust, Research | Tagged , , , , , , , , | 1 Comment

Challenge to Oneida Fee to Trust Defeated

Here are the materials in Upstate Citizens for Equality v. Jewell (N.D. N.Y.): 79-1 US Motion for Summary J 80 UCE Response 81 US Reply 84 DCT Order And the materials in Central New York Fair Business Association v. Jewell (N.D. … Continue reading

Posted in Author: Matthew L.M. Fletcher, fee to trust, Research | Tagged , , , , , , | 4 Comments

Available Briefs in Second Circuit Appeal of Constitutional Challenge to IGRA and Seneca Compacts

Here are the appellee briefs in Warren v. United States: Brief for Federal Appellees Brief for New York Appellees Brief for Seneca Nation Amicus Lower court materials here.

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

Eighth Circuit Affirms BIA Decision to Take Yankton Travel Plaza into Trust

Here is today’s opinion: CA8 Opinion Briefs are here. Lower court materials are here.

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

Constitutional Challenge to IGRA by Anti-Seneca Gaming Advocate Rejected

As first noted on Indianz, here are the materials in Warren v. United States (W.D. N.Y.): Warren Proposed Amended Complaint USA 1st Motion to Dismiss USA 2nd Motion to Dismiss DCT Order Dismissing Warren Complaint UPDATE: 01 Amicus Seneca Nation of … Continue reading

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

Goldsmith on the Agua Caliente State Election Case

Gary Goldsmith has published “Big Spenders in State Elections–Has Financial Participation by Indian Tribes Defined the Limits of Tribal Sovereign Immunity From Suit” in the William Mitchell Law Review. From the introduction: In every election cycle, Indian tribes vigorously attempt … Continue reading

Posted in Author: Matthew L.M. Fletcher, Scholarship, sovereign immunity | Tagged , , , , , ,