Sherally Munshi on Dispossession and American Property

Sherally Munshi has published “Dispossession: An American Property Law Tradition” in the Georgetown Law Journal.

The abstract:

Universities and law schools have begun to purge the symbols of conquest and slavery from their crests and campuses, but they have yet to come to terms with their role in reproducing the material and ideological conditions of settler colonialism and racial capitalism. This Article considers the role the property law tradition has played in shaping and legitimizing regimes of racialized dispossession past and present. It intervenes in the traditional presentation of property law by arguing that dis-possession describes an ongoing but disavowed function of property law. As a counter-narrative and critique of property, dispossession is a useful concept for challenging existing property arrangements, often rationalized within liberal and legal discourse.

Interesting. Looks to be expanding on K-Sue Park’s work.

Bobby Wilson

Montana Federal Court Allows Tribal Members’ Race Discrimination Complaint against Telephone Coop to Proceed

Here are the materials in Barnes v. 3 River Telephone Cooperative, Inc. (D. Mont.):

Itspeteski

Ninth Circuit Orders Chickasaw Nation to Arbitration with Pharmacy Benefits Manager

Here is the opinion in Caremark LLC v. Chickasaw Nation.

Briefs:

Lower court materials here.

D.C. Circuit Rejects Oglala Sioux Tribe Challenge to Uranium Mine

Here is the opinion in Oglala Sioux Tribe v. Nuclear Regulatory Commission.

Briefs:

Prior post here.

D.C. Circuit Rejects Oglala Sioux Tribe Challenge to Uranium Mine

Here is the opinion in Oglala Sioux Tribe v. Nuclear Regulatory Commission.

Briefs:

Prior post here.

Peggy Fontenot [represented by Pacific Legal Foundation] Challenge to Missouri American Indian Arts and Crafts Act Dismissed

Here are the materials in Fontenot v. Schmitt (W.D. Mo.):

https://www.fontenotphotography.com/contact/about

Ninth Circuit Briefs in Alturas Indian Rancheria v. Haaland

Here:

Here are the district court materials:

31 [minute order dismissing case]

Fletcher Reflections on Professionalism in Tribal Jurisdictions

Fletcher has posted “Reflections on Professionalism in Tribal Jurisdictions,” a short paper prepared for a special issue of the Michigan Bar Journal.

The abstract:

In this article, I will canvass several themes of professionalism in tribal practice, drawing my tribal law experience. Many lawyers to undervalue — even disrespect — tribal governance. This lack of professionalism has significant costs to tribal governments, tribal business, and their business partners.

Another irrelevant image.

Connecticut Court Dismiss Contract Suit against Mohegan Tribe

Here are the materials in Drabik v. Thomas (Conn. Super.):

New Mexico Federal Court Enjoins State Court Tort Claim against Pojoaque Pueblo, Choosing Federal Precedent over State Precedent

Here are the materials in Pueblo of Pojoaque v. Wilson (D.N.M.):

Complaint here.