Day 2 of UDub Restatement Conference — Morning Sessions

Justice Raquel Montoya-Lewis
Bob Miller
Kaighn Smith
Townsend Hyatt
Lynn Slade
Brie Coyle Jones
Kayla Ganir

North Dakota Federal Court Holds that Exposing Nonmember Conducting Business on Indian Land to a Suit Enforcing a Contract-Based Smoking Ban to which the Nonmember Agreed to Creates an Irreparable Harm

Color me skeptical about the state of the Eighth Circuit’s tribal inherent powers jurisprudence if a tribal citizen who leases their land to nonmembers, who then violate the terms of that lease, cannot bring suit in tribal court to enforce the lease. Seems to me this holding is in direct conflict with the Supreme Court’s decisions ordering tribal exhaustion.

Here are the materials in WPX Energy Williston LLC v. Fettig (D.N.D.):

1 Complaint

16 Answer + Counterclaim

20 Motion to Dismiss

22 Motion to Dismiss Counterclaim

24-12 MHA Nation Trial Court Decision

25 Response to 20

27 Motion for Preliminary Injunction

38 Reply in Support of 20 + Response to 27

43 Response to 22

44 Reply in Support of 27

47 Reply in Support of 22

51 DCT Order on Motion to Dismiss

Alaska Federal Court Denies Rule 19 Motion in Tribal Health Care Case

Here are the materials in Southcentral Foundation v. Alaska Native Tribal Health Consortium (D. Alaska), on remand from the Ninth Circuit (materials here):

296 ANTHC Rule 19 Motion

302 Response

308-1 Amicus Brief

310 Reply

316 Southcentral Motion for Summary

317 Response

322 Reply

Rule 19 doesn’t work well when it’s dark outside. . . .

A Look Inside the Restatement Project

The final vote, May 2021
The first slide of the first presentation to the ALI membership, May 2012
The drafts
The filing cabinet drawer of restatement materials
Fletcher waiting for the Advisers’ comments on the most recent draft.

Ninth Circuit Briefs in Engasser v. Tetra Tech Inc. [Mechoopda Cultural Resource Preservation Enterprise]

Here:

Lower court materials here.

Butte County Camp Fire of 2018, or the Flames of Tribal Sovereign Immunity?

Even More Pics from Day 1 of the UDub Restatement Conference

Eric Eberhard
Asa Washines
Elizabeth Reese
Kate Fort
Neoshia Roemer
Matt Campbell
Kirsten Carlson
Michalyn Steele

ABC News Profile of Nooksack Disenrollments

Here is “Native Americans facing disenrollment fight to remain with tribe.

More Day 1 UDub Restatement Conference Panelists

Kristen Carpenter
Wenona Singel, ready to jump into shark-infested waters
Dean Elizabeth Kronk Warner
Gloria Valencia-Weber
Nikki Borchardt-Campbell

Day 1 of the UDub Indian Law Restatement Conference

Keynote Address by Judge William Fletcher
Bree Black Horse
Matt Campbell
Michalyn Steele
Dr. Kirsten Carlson
Early morning lobby. . .