Next week we’ll start with the round of 16.
Match-up No. 13
(2) The Kansas Indians defeats (31) Cherokee Nation v. Leavitt: 74 percent to 26 percent
Foundational Indian law cases, naturally, are going to do well in a tournament of greatest cases, but Leavitt and its progeny could be worth many many millions of dollars. It’s an embarrassment of riches.
Match-up No. 14
(15) United States v. Wheeler defeats (18) White Mountain Apache Tribe v. Bracker: 64 percent to 36 percent
Bracker hasn’t aged well, either. Wheeler is going strong, despite that nasty red flag that shows up on Westlaw every time one types in 435 U.S. 313….
Match-up No. 15
(7) Williams v. Lee defeats (26) California v. Cabazon Band: 75 percent to 25 percent
Once again, in the greatest cases tournament, money walks and sovereignty advances. This absolute blow-out was a surprise — I expected a much closer contest here. Last time I checked, exclusive tribal court jurisdiction over small claims against tribal members was worth less than $30 billion a year. 🙂
Match-up No. 16
(23) Solem v. Bartlett defeats (via tiebreaker) (10) Choctaw Nation v. Oklahoma: a TIE
Our first tie. We used a highly scientific tiebreaker — the MSU ILPC 2012-13 fellow, Ken Akini, didn’t bother to vote, so WS and I forced him to break the tie. Next time you see him, especially if you’re from Oklahoma, ask him why he did what he did. But be nice, or he will break you. Either way, I don’t think either of these cases would stand a chance in the next round.