Author: Matthew L.M. Fletcher

American Constitution Society 2022 Supreme Court Preview — Thursday, 9/15 @ 12:30 EST [featuring Singel]

Matthew L.M. Fletcher

Register here.

Description:

Join ACS for our Annual Supreme Court Preview, part of our observation of this year’s Constitution Day. After the seismic decisions handed down last Term, all eyes will be on the Court this fall to see what may come next. The Preview will feature a diverse group of constitutional and legal experts offering their insights into the upcoming Supreme Court Term that begins on October 3rd.

Welcome Remarks

Russ Feingold, ACS President

Speakers

Adam Liptak, Supreme Court Correspondent, The New York Times (moderator)

Deborah Archer, President, ACLU; Professor of Clinical Law and Co-Faculty Director of the Center on Race, Inequality, and the Law, NYU School of Law

Jonathan Diaz, Senior Legal Counsel, Campaign Legal Center

Kent Greenfield, Professor and Dean’s Distinguished Scholar, Boston College Law School

Wenona Singel, Associate Professor of Law and Director of the Indigenous Law & Policy Center, Michigan State University College of Law

Shoba Sivaprasad Wadhia, Associate Dean for Diversity, Equity, and Inclusion; Samuel Weiss Faculty Scholar; and Clinical Professor of Law, Penn State Law

American Constitution Society 2022 Supreme Court Preview [featuring Singel]

Matthew L.M. Fletcher

Register here.

Description:

Join ACS for our Annual Supreme Court Preview, part of our observation of this year’s Constitution Day. After the seismic decisions handed down last Term, all eyes will be on the Court this fall to see what may come next. The Preview will feature a diverse group of constitutional and legal experts offering their insights into the upcoming Supreme Court Term that begins on October 3rd.

Welcome Remarks

Russ Feingold, ACS President

Speakers

Adam Liptak, Supreme Court Correspondent, The New York Times (moderator)

Deborah Archer, President, ACLU; Professor of Clinical Law and Co-Faculty Director of the Center on Race, Inequality, and the Law, NYU School of Law

Jonathan Diaz, Senior Legal Counsel, Campaign Legal Center

Kent Greenfield, Professor and Dean’s Distinguished Scholar, Boston College Law School

Wenona Singel, Associate Professor of Law and Director of the Indigenous Law & Policy Center, Michigan State University College of Law

Shoba Sivaprasad Wadhia, Associate Dean for Diversity, Equity, and Inclusion; Samuel Weiss Faculty Scholar; and Clinical Professor of Law, Penn State Law

Split Oklahoma SCT Rules against Cherokee Nation’s Claims for COVID Business Losses Coverage

Matthew L.M. Fletcher

Here are (many of) the materials in Cherokee Nation v. Lexington Insurance Co.:

Oklahoma SCT Opinion.pdfDownload
Cherokee Brief.pdfDownload
Insurers Opposition.pdfDownload
Reply.pdfDownload

Ninth Circuit Rejects Effort to Challenge Tribal-State Cross-Dep Agreement [Fort Peck]

Matthew L.M. Fletcher

Here is the opinion in United States v. Fowler.

Briefs:

Opening Brief.pdfDownload
Federal Brief.pdfDownload
Reply.pdfDownload

Washington Federal Court Rules in Favor of Suquamish over Insurance Company in Tribal Court Jurisdiction Dispute

Matthew L.M. Fletcher

Here are the materials in Suquamish Tribe v. Smith (W.D. Wash.):

1 Complaint .pdfDownload
1-3 Suquamish COA Opinion.pdfDownload
52 Suquamish MSJ.pdfDownload
54 Lexington MSJ.pdfDownload
62 Suquamish Response.PDFDownload
65 Lexington Response.PDFDownload
67 Suquamish Reply .pdfDownload
68 Lexington Reply .pdfDownload
70 DCT Order.pdfDownload
Puget Sound and Seattle from Suquamish

Congrats to Kaighn Smith! Second Edition of “Labor and Employment Law in Indian Country”

Matthew L.M. Fletcher
On my desk after I returned from a meeting! Like at dinner when you run off to the restroom and your entree is there when you return.

Order here.

I Don’t Know Why Indian Country Doesn’t Demand that Congress Pass the RESPECT Act because This Bullshit’s Gonna Keep Happening Until Then [Badger Two-Medicine]

Matthew L.M. Fletcher

Please see the strongly worded, if misguided, commentary from Judge Leon in Solonex v. Haaland, who sees 40 years of delay on a drilling permit and calls it “Kafkaesque.” It’s hard to disagree with that sentiment — though I wish the court were more understanding that tribal and Indian efforts to stop the drilling proposal began when there were virtually no legal protections for tribes and Native citizens to utilize. It’s time to acknowledge that this drilling should never have been approved over tribal and Indian objections and the RESPECT Act takes us a long way down the road to preventing this B.S. from happening over and over again.

Here is the order in Solonex LLC v. Haaland (D.D.C.):

181 DCT Order.pdfDownload

Prior post on the D.C. Circuit decision from which this case is on remand here.

Briefs:

156 Solonex MSJ.pdfDownload
162 Tribal Intervenors MSJ.pdfDownload
164 Interior MSJ.pdfDownload
168 Blackfeet Tribe Amicus Brief.pdfDownload
170 Solonex Reply.pdfDownload
175 Federal Reply.pdfDownload
176 Tribal Intervenors Reply.pdfDownload

Fletcher on Teaching Indian Law in the 21st Century

Matthew L.M. Fletcher

Here is “Teaching Indian Law in the 21st Century,” (hopefully) forthcoming in an edited collection of papers on teaching law in the 21st century.

The abstract:

Since the first Indian law classes were offered in the late 1960s and early 1970s, law teachers mostly have considered the field a niche specialty, even a backwater, unnecessary to anyone not likely to go into law practice in Indian country. In those days, law teachers focused on treaty rights fights. Treaty rights are a critical but small part of Indian country practice. Lawyers in modern day Indian country handle virtually every kind of matter taught in law schools in addition to the Indian law-specific subject matters. Beginning in the 1990s, American Indian tribal nations started to become critical factors in governmental and economic activity throughout much of the United States.
In the 21st century, many law schools offer Indian law — and occasionally offer additional, specialized courses — but generally are still far behind the curve. Worse, when it is offered, the Indian law canon tends to be taught in ways that ignore contemporary tribal agency by emphasizing historical events over modern issues. Modern tribal nations make their own laws. Here I give examples of tribal court cases and tribal statutes law teachers can use to incorporate Indian law into virtually any common law course.

Oregon COA Reverses State Criminal Conviction of Nez Percé Treaty Fishers

Matthew L.M. Fletcher

Here are the materials in State v. McCormack (Or. Ct. App.):

McCormack Opinion.pdfDownload
Opening Brief.pdfDownload
State Brief.pdfDownload
Reply.pdfDownload
University of Washington digital collection

Klamath and Hoopa Tribes Prevail in Ninth Circuit Klamath River Water Distribution Challenge

Matthew L.M. Fletcher

Here is the opinion in Klamath Irrigation District v. Bureau of Reclamation.

Briefs:

Klamath irrigation Opening Brief

Shasta View Opening Brief

Hoopa Answer Brief

Klamath Answer Brief

Federal Answer Brief

Shasta View Reply

Reply

Lower court materials here.