Author: Matthew L.M. Fletcher

Getches, Wilkinson, Williams, Fletcher, Carpenter, and Singel Federal Indian Law Casebook 2022-23 Update

Matthew L.M. Fletcher

We delighted that Wenona Singel has joined us this year. Guess it’s time to get cracking on the eighth edition. . . .

teacher’s memorandum 2022-2023.pdfDownload

Sherally Munshi on Dispossession and American Property

Matthew L.M. Fletcher

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

Matthew L.M. Fletcher

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

9 Amended Complaint.pdfDownload
14 Motion to Dismiss.pdfDownload
20 Response.pdfDownload
23 Reply.pdfDownload
30 DCT Order.pdfDownload
Itspeteski

Ninth Circuit Orders Chickasaw Nation to Arbitration with Pharmacy Benefits Manager

Matthew L.M. Fletcher

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

Briefs:

Opening Brief.pdfDownload
Answer Brief.pdfDownload
US Chamber of Commerce Amicus Brief.PDFDownload
Washington Legal Foundation Amicus Brief.PDFDownload
Reply.pdfDownload

Lower court materials here.

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

Matthew L.M. Fletcher

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

Briefs:

Tribal Opening Brief.pdfDownload
Federal Brief.pdfDownload
Powertech Brief.pdfDownload
Tribe Reply.pdfDownload

Prior post here.

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

Matthew L.M. Fletcher

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

Briefs:

Tribal Opening Brief.pdfDownload
Federal Brief.pdfDownload
Powertech Brief.pdfDownload
Tribe Reply.pdfDownload

Prior post here.

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

Matthew L.M. Fletcher

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

10 Amended Complaint.pdfDownload
33 Fontenot MSJ.pdfDownload
36 State MSJ.pdfDownload
40 Fontenot Response.pdfDownload
42 State Response.pdfDownload
43 Fontenot Reply.pdfDownload
44 State Reply.pdfDownload
45 DCT Order.pdfDownload
https://www.fontenotphotography.com/contact/about

Ninth Circuit Briefs in Alturas Indian Rancheria v. Haaland

Matthew L.M. Fletcher

Here:

Alturas Opening Brief.pdfDownload
Federal Answer Brief.pdfDownload

Here are the district court materials:

1 Complaint.pdfDownload
18-1 Federal MTD.pdfDownload
21 Opposition.pdfDownload
24 Reply.pdfDownload

31 [minute order dismissing case]

32 Judgment.pdfDownload

Fletcher Reflections on Professionalism in Tribal Jurisdictions

Matthew L.M. Fletcher

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.