Tag Archives: treaty rights

Culverts Case Oral Argument Transcript

Here. Culverts case background materials here.

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Monte Mills on the Culverts Case

Here is “Supreme Court case tests weight of old Native American treaties in 21st century,” from The Conversation. Background materials on the culverts case are here.

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United States Tax Court Holds Income Earned from Seneca Lands is Taxable

Here is the opinion in Perkins v. Commissioner: Opinion

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Ninth Circuit Rules in Favor of Lummi over Klallam Tribes in U&A Litigation

Here is the opinion in Lower Elwha Klallam Tribe v. Lummi Nation. From the syllabus: The panel reversed the district court’s summary judgment in favor of the Lower Elwha Klallam Indian Tribe, and held that the disputed waters west of Whidbey Island, Washington … Continue reading

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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

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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.

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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