Tag Archives: treaty rights

Ninth Circuit Remands Makah v. Quileute/Quinault Ocean U&A Dispute

Here is the opinion in Makah Indian Tribe v. Quileute Indian Tribe.  Briefs are here.

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En Banc Petitions in Penobscot v. Mills

Here: Tribe En Banc Petition US En Banc Petition Prior case materials here.

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Federal Court Holds Feds Cannot Tax Proceeds Derived Directly from Indian Lands

Here are the materials in Perkins v. United States (W.D.N.Y.): 9-1 Motion to Dismiss 12 Opposition 13 Reply 14 Magistrate R&R 15 US Objections 16 Perkins Objections 19 US Response 20 Perkins Response 21 US Reply 22 Perkins Reply 24 … Continue reading

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

New Scholarship on Standing Rock, Treaties, and the Supremacy Clause

Carla F. Fredericks & Jesse D. Heibel have posted “Standing Rock, the Sioux Treaties, and the Limits of the Supremacy Clause,” forthcoming in the University of Colorado Law Review. Here is the abstract: The controversy surrounding the Dakota Access Pipeline … Continue reading

Posted in Author: Matthew L.M. Fletcher, cultural resources, Environmental, Scholarship, treaty rights | Tagged , , , , , , | Leave a comment

Michael Blumm on the Treaty Right to a Habitat

Michael Blumm has published “Indian Treaty Fishing Rights and the Environment: Affirming the Right to Habitat Protection and Restoration” in the Washington Law Review.

Posted in Author: Matthew L.M. Fletcher, Environmental, Scholarship, treaty rights | Tagged , , , | Leave a comment

Skokomish Suit against Suquamish Council Members Dismissed in Federal Court

Here are the materials in Skokomish Indian Tribe v. Forsman (W.D. Wash.): 15 Motion to Dismiss 19 Response 20-2 Sklallam Amicus Brief 22 Reply 34 DCT Order

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

News Profile of the US v. Washington Culverts Decision

Here is “License to kill: how Washington may lose its right to wipe out salmon.”

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Joel West Williams on Five Civilized Tribes’ Treaty Rights to Water Quality

Joel West Williams has posted “The Five Civilized Tribes’ Treaty Rights to Water Quality and Mechanisms of Enforcement” on SSRN. Here is the abstract: This thesis focuses on the treaty rights to water quality of the Cherokee, Choctaw, Chickasaw, Muscogee … Continue reading

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News Profile of LTBB Reservation Litigation

Here is “Long lawsuit ahead regarding tribal reservation: Federal judge orders two phases to tribal lawsuit, first phase could go to 2018.” Court docs here.

Posted in Author: Matthew L.M. Fletcher, Michigan Indian, News, treaty rights, Uncategorized | Tagged , , | Leave a comment

Ninth Circuit Briefs in U.S. v. Washington Ocean Fishing Appeal

Here are the materials in United States v. Washington (subproceeding 09-01): Makah Opening Brief Four Tribes Brief Hoh Tribe Brief Six Tribes Brief Washington Brief Lower court decision here. Lower court materials here.

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