Matthew L.M. Fletcher

Penn Law/Field Center Session on the Origins and History of the Indian Child Welfare Act

October 5, 2022Matthew L.M. Fletcher

Here:

Next session is December 1:

Split Eighth Circuit Reverses State Tax Preemption Judgment Favoring Flandreau Santee Sioux

October 4, 2022Matthew L.M. Fletcher

Here is the opinion in Flandreau Santee Sioux Tribe v. Houdyshell.

Briefs here.

OU Law Will Host National Native American Law Competition

October 4, 2022Matthew L.M. Fletcher

NORMAN, OKLA. The University of Oklahoma College of Law will host the 31st annual National Native American Law Students Association (NNALSA) moot court competition on February 25 – 26, 2023 at the OU Law Center.
NNALSA selected OU Law’s bid in July 2022. Professors M. Alexander Pearl and Taiawagi Helton are co-authoring this year’s moot court problem, in which the teams will brief and argue.
“In partnership with Native Nations from in-state and around the country, we have long led the way in integrating Indigenous Peoples’ Law across doctrinal and experiential aspects of our program,” notes college dean Katheleen Guzman. “Given that this year marks the 200th anniversary of a foundational case for federal Indian law and policy [Johnson v. M’Intosh], as well as the 50th anniversary of our own American Indian Law Review – the first of its kind in the nation – we are especially honored that NNALSA selected OU Law to host this year, and proud of the work that our NALSA Chapter members engaged to secure this singular opportunity and will expend on running a first-rate event.”
Recognized as the premier federal Indian law moot court competition in the nation, the OU Law NALSA chapter will coordinate this year’s competition comprised of 34 teams from law schools around the country. Team registration will be on a first-come, first-served basis with a limitation of 2 teams per school.
Respectively, the University of North Dakota hosted the 29th annual competition and the University of Colorado hosted the 30th annual competition. OU Law is excited to return to an inperson format for the 31st annual competition.
“We are proud to have been chosen this year and we are excited to be able to showcase the College that hosts our incredible Indian law curriculum and the faculty that teaches our Native students. We look forward to personally meeting everyone in February,” comments OU NALSA President Reagan McGuire.
The competition website will go live in October. Stay tuned for more information.

Tu Stultus Es — Pactum Reservati Dominii

October 4, 2022Matthew L.M. Fletcher

Here.

AP: “Climate Threatens Ojibwe Sacred Wild Rice”

October 4, 2022Matthew L.M. Fletcher

Long Conference Update: SCOTUS Denies Cert in a Several Indian Law Cases

October 4, 2022Matthew L.M. Fletcher

Here is yesterday’s order list.

1. The Court denied cert in Acres v. Marston, part of a longstanding — and by now patently ridiculous — effort by a nonmember to punish an Indian tribe’s employees for working at the tribe. The petition is here (the respondent’s waived the right to respond):

Acres Cert Petition.pdf Download

2. The Court also denied cert in Mill Bay Members Assn. v. United States, another petition related to a longstanding effort by nonmembers to punish an Indian tribe for existing, this time by suing the federal government. The petition is here (the government waived the right to respond):

Mill Bay Members Cert Petition.pdf Download

3. The Court also denied cert in Becker v. Ute Indian Tribe, a case about tribal exhaustion with a plausible, if weak, circuit split — perhaps, again, because this is a longstanding, ridiculous dispute between a nonmember and tribe (both sides ridiculous this time). The cert stage briefs are here.

4. The Court, finally, denied cert in Quaempts v. Lopez, an unremarkable sovereign immunity matter.