Sixth Circuit Oral Argument in LTBB v. Whitmer

Matthew L.M. Fletcher

Here:

Briefs are here.

Materials in Suit against Caesars [Rincon Band]

ilpc

Here are the materials so far in Pilant v. Caesars Entertainment Services Inc. (S.D. Cal.):

1 Notice of Removal

1-5 Complaint

3-1 Motion to Dismiss

4 Response

5 Reply

6 DCT Order

An excerpt:

This matter is before the Court on a motion by specially appearing Defendants Caesars Enterprise Services, LLC (“CES”) and Caesars Entertainment, Inc. (“CEI”) to dismiss the complaint for failure to join an indispensable party and for lack of personal jurisdiction. The motion has been fully briefed, and the Courtdeems it suitable for submission without oral argument. As discussed below, the motion to dismiss for failure to join an indispensable party is denied and the motion to dismiss for lack of personal jurisdiction is granted in part and denied in part.

Administrative Law Review Podcast on the Mashpee Wampanoag Tribe’s Federal Recognition Struggle

Matthew L.M. Fletcher

Here.

On today’s episode of A Hard Look, a Junior Staffer on ALR, Olivia Miller, joins host, Sarah Knarzer, and Professor Matthew Fletcher to discuss the tribal recognition process and the barriers it poses to tribes across the United States, and in particular the Mashpee Wampanoag tribe. Earlier this year, and in the middle of a surging coronavirus pandemic, the Bureau of Indian Affairs announced its intention to revoke the Mashpee Wampanoag’s land from its federal trust. This action is only a continuation of the Mashpee Wampanoag’s four hundred year struggle for tribal survival, dating back to the origins of the Thanksgiving myth.

Olivia and Professor Fletcher discuss Olivia’s comment, which she wrote as part of ALR’s comment writing process, to identify why the tribal recognition process is such a difficult, expensive, and frustrating administrative process for tribes who want and need to be federally recognized.

Federal Court Holds Tribal Employee Not Covered by Kickapoo Tribe’s Insurance Policy in Auto Accident

Matthew L.M. Fletcher

Here are the materials in Dinger v. Wishenko (N.D. Ill.):

1-1 Garnishment Petition

52 Amended Counterclaim

58 Insurance Co. Motion for Summary Judgment

70 Wishenko Response

70-2 Order re Partial Settlement of Claim

74 Wishenko Motion for Summary Judgment

88 Insurance Co. Response

91 Wishenko Reply in Support of 74

108 DCT Order

Materials in the related Federal Tort Claims Act case, Dinger v. United States (D. Kan.):

1 FTCA Claim [docket no. 70-1 in N.D. Ill. case]

9 US Motion to Dismiss

10 Opposition

14 Reply

16 DCT Order

Amicus Brief of NCAI in Census Case

Matthew Campbell

Here is the National Congress of American Indians’ (“NCAI”) Amicus Brief in Trump v. New York, which is being argued today and addresses whether unauthorized immigrants should now be excluded from the Census count.

From the brief:

Multiple amici argue, in effect, that unauthorized immigrants are not “persons” to be counted for purposes of apportionment. Because the United States once tried to argue that American Indians were not “persons” under the law, amicus NCAI is compelled to refute these arguments.

….

These arguments are inconsistent with the Constitution’s text and history. Worse still, in a nation where “all persons are created equal,” Matthews v. Lucas, 427 U.S. 495, 516 (1976) (Stevens, J., dissenting), see also Declaration of Independence ¶ 2 (“We hold these truths to be self-evident, that all men are created equal. . . .”), these attempts to deny the very personhood of unauthorized immigrants are morally bankrupt.