KALW 91.7 (Bay Area) Your Call — The US at 250: A Native Perspective with Professor Matthew Fletcher —

Here.

From the website:

On this edition of Your Call, we continue our new series, The US at 250: A Native Perspective, which centers Native historians, activists, storytellers, and elders to reveal the pre- and post-colonial history of these lands and the resilience and strength of its first peoples.

As the United States prepares to mark 250 years, the Trump administration is celebrating the Doctrine of Discovery, a 15th-century legal principle that authorized European explorers to claim lands already inhabited by Indigenous peoples, effectively erasing their sovereignty and laying the groundwork for the deaths of millions of Indigenous peoples through conquest, displacement, and disease. For far too long, historians, politicians, and the media have erased and ignored those who have lived on these lands long before settlers arrived. We’re calling on them to focus on a broader understanding of the so-called founding of the United States.

Matthew L.M. Fletcher, Professor of Law at the University of Michigan and chief justice for several tribal nations, will discuss the crucial – and often erased – role of Native American Nations in the making of the US.

What will it take to center this history ahead of 250th commemorations?

Guests:

Matthew L.M. Fletcher, Professor of Law and Professor of American Culture at the University of Michigan, chief justice of the Grand Traverse Band of Ottawa and Chippewa Indians, the Pokagon Band of Potawatomi Indians, and the Poarch Band of Creek Indians, appellate judge and staff attorney for numerous other tribes, and primary editor and author of Turtle Talk, the leading law blog on American Indian law and policy

Oklahoma Federal Judge Accepts Creek Nation-City of Tulsa Settlement Stipulation, Denies Gov. Stitt Motion to Intervene

Here are new materials in Muscogee (Creek) Nation v. City of Tulsa (N.D. Okla.):

153 DCT Order Denying Criminal Defendants Motion to Intervene

154 DCT Order Denying Creek Freedmen Motion to Intervene

155 Stitt Reply ISO Motion to Intervene

167 – OPINION & ORDER (3-16-26)

Prior post here.

Utah Federal Court Denies EPA Administrative Warrant to Inspect Uintah & Ouray Reservation Air Pollution Sources

Here is the order in In re Ex parte Search Warrant Application IMO Environmental Protection Agency Administrative Inspection of Ute Tribal Land (D. Utah):

Ninth Circuit Rejects Effort to Force Injunction Against Transfer of Oak Flat to Mining Company

Here is the lead opinion in Arizona Mining Reform Coalition v. United States Forest Service. A partial dissent is forthcoming.

Selected briefs are here.

Update in ICRA Habeas Claim at Cayuga

Here are updated materials in Parker v. Halftown (N.D.N.Y.):

Prior post here.

New Student Scholarship on EPA Water Quality Standards and Tribal Reserved Water Rights

Mostyn Josty has published “Rivers of Sovereignty: The EPA’s New Water Quality Standards Rule as a Potential Channel for Revitalizing Tribal Reserved Water Rights” in the Cardozo Law Review.

Here is the abstract:

This Note explores the federal government’s evolving approach to its obligation to protect tribal reserved water rights through a case study of the Environmental Protection Agency’s (EPA) 2024 Water Quality Standards Regulatory Revisions to Protect Tribal Reserved Rights rule (the “WQS Rule”). It argues that while the WQS Rule represents a step forward in safeguarding tribal water rights, the legal challenge it faces underscores broader issues of federalism, administrative authority, and the country’s fluctuating commitment to tribal sovereignty. The Note examines the WQS Rule’s legal foundation, its potential challenges, and the implications for tribal self-determination, emphasizing the need for a more accountable and enforceable framework for tribal water protections.Additionally, this Note situates these legal developments within international human rights frameworks, suggesting that evolving global standards on Indigenous rights and water access could offer a more stable foundation for securing equitable water for reservations. Ultimately, this Note argues that regardless of the WQS Rule’s future, it is the underlying principle of the federal trust obligation and the need for lasting protections that must guide efforts to ensure Native Nations’ access to water.

New Student Scholarship on the Federal Indian Boarding School Initiative

Jilly Horowitz has published “Pursuing Restorative Justice for the Legacy of Federal Indian Boarding Schools” in the Cardozo Journal of Dispute Resolution.

An excerpt:

The federal government started to acknowledge its role in causing devastating damage throughout Native communities, but acknowledgement is just the beginning of restorative justice. Because the federal government has not communicated any plans for ongoing restorative and reparative work, this Note will analyze the federal government’s efforts to date. Finally, the Note will conclude with a discussion of what an ongoing restorative justice practice might look like and how this work would help to restore Native sovereignty.

New Student Scholarship on the Need for Tribal Criminal Jurisdiction over Non-Indian Drug Offenses

Shivani Singh has published “The Need for Special Tribal Criminal Jurisdiction Over Drug Crimes” in the Cornell Journal of Law and Public Policy.

An excerpt:

Limitations to Tribal criminal jurisdiction, especially over drug crimes, have ultimately contributed to “limited law enforcement; delayed prosecutions; too few prosecutions, and other prosecution inefficiencies” that have allowed non-Indian perpetrators to exploit a failing system and endanger vulnerable Tribal communities.

Tana Fitzpatrick on the History of Tribal Access to Legal Representation

Tana Fitpatrick published “Federal Gatekeeping and Hollow Sovereignty: A Historical
Statutory Analysis of Tribal Access to Legal Representation
” in the Sovereignty Symposium XXXVII (2025). It seems like a really good paper. Wish I knew about it earlier.

Fourth Circuit Rejects Rule 19 Argument in Employment Suit against Eastern Band Cherokee Casino

Here is the opinion in Peterson v. Harrah’s NC Casino Company LLC.

Briefs:

Opening Brief

Answer Brief 

Reply

Lower court materials here.