Matthew L.M. Fletcher

National Indian Law Library Bulletin (6/9/2021)

June 14, 2021Matthew L.M. Fletcher

Here:

We have scoured the web. Here are some of the latest materials related to Indian Law. Find all of the latest updates at https://narf.org/nill/bulletins/

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2020-2021update.html
A petition for certiorari was filed in one case on 5/28/21:

Phillips, et al. v. Oneida Indian Nation (Indian Taxation)

A petition for certiorari was denied in one case on 6/7/21:

Seneca County v. Cayuga Indian Nation of New York (Indian Taxation; Tribal Sovereign Immunity)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2021.html

Ohlsen v. United States (FTCA)
Paskenta Band of Nomlaki Indians v. Crosby (RICO Act)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2021.html

In re N.R. (Indian Child Welfare Act)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2021.html

In defense of the Indian Commerce Clause.
The time is now for the IACHR to address climate action as a human right: Indigenous communities can lead (again).
Unqualified? Investing in qualified opportunity zones on reservations.
Beyond a sliver of a full moon: Acknowledging and abolishing white bias to restore safety and sovereignty to Indian Country.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:

Lakota victory: Cheyenne River Sioux Tribe celebrates denial of Noem’s fireworks fiasco
Cherokee Nation files 1,000th case in tribal court since McGirt ruling
ND activists: Lack of tribal inclusion in redistricting runs deep
Tackling tribal connectivity: NAU scientist Vigil-Hayes developing broadband solutions for rural areas
NCAI weighs in on discovery of remains of 215 children at Indian residential school in Canada
Pipeline workers are scaring Indigenous elders away from their own lands
Native American mascots could be banned from Colorado schools by October
IU works with Native American tribes on new measures to strengthen partnership
Wyoming tribes take over full ownership of oil and gas field
Native Americans most likely to die from police shootings, families who lost loved ones weigh in
Two-spirit pride stories

Ninth Circuit Partially Vacates Assault Conviction of Domestic Violence Victim at Navajo

June 14, 2021Matthew L.M. Fletcher

Here is the opinion in United States v. Charley.

Briefs:

Opening Brief

US brief

An excerpt:

The panel affirmed Seraphina Charley’s conviction on one count of making false statements to a government official, vacated her convictions on two counts of assault within the territorial jurisdiction of the United States, and remanded for a new trial on the assault counts and for resentencing on the false-statements count.
The convictions stem from an incident with Charley’s boyfriend, Merle Begay, whom Charley hit in the head with a piece of rebar after, she claimed, he attacked her while he was drunk.

SCOTUS Denies Cert in Challenge to Indian Health Service Contract with Cheyenne River Sioux Tribe

June 14, 2021Matthew L.M. Fletcher

Here is today’s order list.

Here is the case page for Gilbert v. Weahkee.

WaPo: “Deb Haaland: My grandparents were stolen from their families as children. We must learn about this history.”

June 14, 2021Matthew L.M. Fletcher

Here.

NPR: “Indian Affairs Promised To Reform Tribal Jails. We Found Death, Neglect And Disrepair”

June 14, 2021Matthew L.M. Fletcher

Here.

Ninth Circuit Rules in Favor of Yakama Nation in Reservation Boundaries Case

June 11, 2021Matthew L.M. Fletcher

Here is the opinion in Confederated Tribes and Bands of the Yakama Nation v. Klickitat County.

Briefs here.

Bryan Newland Confirmation Hearing Video

June 10, 2021Matthew L.M. Fletcher

Here.

National Writers Series Preview: Dr. Robin Wall Kimmerer [June 10 7PM]

June 10, 2021Matthew L.M. Fletcher

Here for video.

Penn. Commonwealth Court Reverses Penn. Human Relations Commission Order against School District with Red**ins Name

June 10, 2021Matthew L.M. Fletcher

Here is the opinion in Neshaminy School District v. Pennsylvania Human Relations Commission:

Opinion

An utterly strange excerpt:

There can be no dispute that the Act is intended to be used to eliminate unlawful discriminatory practices, as defined by Section 5(i)(1), within Pennsylvania. The Commission’s authority is defined by the Act, and the Act’s plain language may not be ignored in an effort, however laudable, to pursue its spirit. Reviewing the Act’s plain language, the record, and the Commission’s Final Opinion and Order, we agree with the Commission that it had jurisdiction over the District and that the claims raised were not barred by the statute of limitations. The Commission’s holding that the District violated Section 5(i)(1) based on the educational harm caused to non-Native American students was predicated on “[t]he non-Native American student bystanders [being] impacted by the District’s discrimination against Native Americans ….” (Final Op. and Order at 48 (emphasis added).) However, the Commission dismissed both claims alleging that the District committed an unlawful discriminatory practice causing harm to Native American students, on the basis that such harm was either speculative or not supported by the evidence. That dismissal was not appealed and is not before us. Because the Commission dismissed the claims of discrimination against Native American students, the predicate under Section 5(i)(1) to sustain the claim for harm to non-Native American students was not there. Therefore, the determination is not supported by the Act’s plain language. Accordingly, the Commission’s Order is reversed.