
Yale NALSA Brackeen Oral Argument Discussion — Wednesday, Nov. 16 @ Noon


Here is the pleading in Scotts Valley Band of Pomo Indians v. Dept. of the Interior (D.D.C.):

Prior post here.
Here.

Here is the order in Sauk-Suiattle Indian Tribe v. City of Seattle (Sauk-Suiattle Tribal Court):

Complaint here.
Here.
Each side presented their oral arguments Wednesday to the U.S. Supreme Court for the most serious challenge to the Indian Child Welfare Act in recent memory. The decision in Haaland v. Brackeen will be a major force in the future of ICWA and the scope of tribal sovereignty. Today on Native America Calling, Shawn Spruceanalyzes the legal debate from a Native perspective with Matthew Fletcher (Grand Traverse Band of Ottawa and Chippewa Indians), law professor at the University of Michigan Law School and author of the Turtle Talk blog; independent journalist Suzette Brewer (citizen of the Cherokee Nation); and Dr. Sarah Kastelic (Alutiiq), director of the National Indian Child Welfare Association.
Here is the order in State of Oklahoma v. Dept. of the Interior (W.D. Okla.):
Briefs here.
Posted an earlier draft of this before, but here is the all-but-final version, now available on SSRN here.
Here is “Preemption, Commandeering, and the Indian Child Welfare Act,” published in the Wisconsin Law Review.

Foreword
Eric D. Eberhard

Bringing Congress and Indians Back into Federal Indian Law: The Restatement of the Law of American Indians
Kirsten Matoy Carlson
Tribal Sovereignty and Economic Efficiency Versus the Courts
Robert J. Miller
Off-Reservation Treaty Hunting Rights, the Restatement, and the Stevens Treaties
Ann E. Tweedy
Reflections on the Restatement of the Law of American Indians
Matthew L.M. Fletcher
Protection for Indian Sacred Sites
William A. Fletcher
Why Our Stories Matter: A Perspective on the Restatement from the State Bench
Raquel Montoya-Lewis



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