
Author: Matthew L.M. Fletcher
Tribal Law Journal Call for Papers
Update in Standing Rock/Dakota Access Pipeline
Here are the new materials in Standing Rock Sioux Tribe v. United States Army Corps of Engineers (D.D.C.):
Prior post here.
Mount Rushmore Fireworks Suit Materials (so far)
Here are the materials in Noem v. Haaland (D.S.D.):
31 Cheyenne River Sioux Tribe Motion to Intervene
Sovereign Lending Tribe Wins Partial Victory in Conn. SCT
Here is the opinion in Great Plains Lending LLC v. State of Conn. Dept. of Banking:
Briefs here.
American Indian Law Scholarly Update
Recent articles posted on SSRN:
‘The Court of the Conqueror’: Colonialism, the Constitution, and the Time of Redemption
Law’s Infamy: Understanding the Canon of Bad Law (eds. Austin Sarat, Lawrence Douglas, and Martha M. Umphrey) (NYU Press 2021).Number of pages: 42 Posted: 18 May 2021Working Paper SeriesSherally MunshiGeorgetown University Law Center
On Power & the Law: McGirt v. Oklahoma
Sup. Ct. Rev. __ (forthcoming 2021).Number of pages: 57 Posted: 18 May 2021 Last Revised: 19 May 2021Accepted Paper SeriesMaggie BlackhawkUniversity of Pennsylvania Carey Law School
Tribal Consultation: Toward Meaningful Collaboration with the Federal Government
33 Colorado Natural Resources, Energy & Environmental Law Review 1, ForthcomingNumber of pages: 53 Posted: 14 May 2021Working Paper SeriesMichael C. Blumm and Lizzy PennockLewis & Clark Law School and Lewis & Clark College – Lewis and Clark Law School
PERMANENT HOMELANDS THROUGH TREATIES WITH THE UNITED STATES: RESTORING FAITH IN THE TRIBAL NATION-U.S. RELATIONSHIP IN LIGHT OF THE MCGIRT DECISION
47 Mitchell Hamline Law Review 640 (2021)Number of pages: 46 Posted: 29 Apr 2021Accepted Paper SeriesAngelique EagleWomanMitchell Hamline School of Law
A National Truth Commission for Native Americans
Wisconsin Journal of Law, Gender & Society, 2021Number of pages: 35 Posted: 22 Apr 2021Accepted Paper SeriesSara OchsUniversity of Louisville Brandeis School of Law
The Marshall Factor: How Forced Sterilization of Native American Women Birthed Generational Reproductive Injustice
Number of pages: 30 Posted: 19 Apr 2021Working Paper SeriesMicaela SimpsonSouthern University Law Review
The Blind Eye: Jus Soli, and the “Pretended” Treaty of New Echota
9 American Indian Law Journal (2021) (forthcoming), U Iowa Legal Studies Research Paper ForthcomingNumber of pages: 46 Posted: 09 Apr 2021Accepted Paper SeriesChristopher RossiUniversity of Iowa College of Law
E Ola Ka ‘Ōlelo Hawai‘i:Protecting the Hawaiian Language and Providing Equality for Kānaka Maoli
UCLA The Indigenous Peoples’ Journal of Law, Culture & ResistanceNumber of pages: 51 Posted: 01 Apr 2021Accepted Paper SeriesTroy J.H. AndradeUniversity of Hawai’i at M?noa | William S. Richardson School of Law
Incorporation by Any Other Name? Comparing Congress’ Federalization of Tribal Court Criminal Procedure with the Supreme Court’s Regulation of State Courts
Kentucky Law Journal, Vol. 109, No. 299, 2020Number of pages: 60 Posted: 29 Mar 2021Accepted Paper SeriesJordan GrossAlexander Blewett III School of Law at the University of Montana
Jurisprudence and Recommendations for Tribal Court Authority Due to Imposition of U.S. Limitations
47 Mitchell Hamline L. Rev. 339 (2021)Number of pages: 33 Posted: 23 Feb 2021Accepted Paper SeriesAngelique EagleWomanMitchell Hamline School of Law
Politician in Public, Plotter in Private: How Thomas Jefferson Conquered the West and Robbed Native Americans of Their Birthright
Number of pages: 24 Posted: 14 Feb 2021Working Paper SeriesEdward AdamsThe Blake School
Cert Stage Materials in Seneca County v. Cayuga Indian Nation [property tax]
House Resources/Indigenous Peoples Subcommittee Hearing Today
Here:
Legislative: Hearing on Tribal-Related Legislation – Including RESPECT Act and Stop Act
Subcommittee for Indigenous Peoples of the United StatesDate: Thursday, May 20, 2021Add to my CalendarTime: 12:00 PMPresiding: The Honorable Teresa Leger Fernández, Chair
On Thursday, May 20, 2021 at 12:00 p.m. EDT, the Subcommittee for Indigenous Peoples of the United States (SCIP) will host a virtual, fully remote legislative hearing on the following tribal-related legislation:
- H.R. 2930 (Rep. Leger Fernández), To enhance protections of Native American tangible cultural heritage, and for other purposes, STOP Act of 2021.
- H.R. 438 (Rep. Young), To amend the Alyce Spotted Bear and Walter Soboleff Commission on Native Children Act to extend the deadline for a report by the Alyce Spotted Bear and Walter Soboleff Commission on Native Children, and for other purposes.
- RESPECT Act [discussion draft] (Rep. Raúl Grijalva), To prescribe procedures for effective consultation and coordination by Federal agencies with federally recognized Indian Tribes regarding Federal Government actions that impact Tribal lands and interests to ensure that meaningful Tribal input is an integral part of the Federal decision-making process.
Witness List
The Honorable Brian D. Vallo (H.R. 2930) (testimony)
Governor
Pueblo of Acoma
Acoma, NM
Ms. Stacy Leeds (Discussion Draft – RESPECT Act) (testimony)
Professor of Law and Leadership
ASU Sandra Day O’Connor College of Law Phoenix, AZ
Mr. Matthew L.M. Fletcher (Discussion Draft – RESPECT Act) (testimony)
Director & Professor of Law
Indigenous Law and Policy Center
Michigan State University College of Law
Ann Arbor, MI
Ms. Lauren van Schilfgaarde (Discussion Draft – RESPECT Act) (testimony)
Director
Tribal Legal Development Clinic
UCLA School of Law
Los Angeles, CA
Mr. Robert Gallegos (H.R. 2930) (testimony)
Treasurer
Antique Tribal Art Dealers Association PO Box 45628
Rio Rancho, NM 87174
Mohawk Nations Bring Reservation Boundaries Litigation
Here are the new materials in Canadian St. Regis Band of Mohawk Indians v. State of New York (N.D. N.Y.):
769-2 Akwesasne Mohawks Motion
D.C. Circuit Orders Federal Exhaustion in Federal Acknowledgement Matter
Here is the order in Mdewakanton Sioux Indians of Minnesota v. Haaland:
Briefs here.

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