SCOTUS Reverses in United States v. Cooley

Here is the unanimous opinion from Justice Breyer.

An excerpt:

The question presented is whether an Indian tribe’s police officer has authority to detain temporarily and to search a non-Indian on a public right-of-way that runs through an Indian reservation. The search and detention, we assume, took place based on a potential violation of state or federal law prior to the suspect’s transport to the proper nontribal authorities for prosecution.
We have previously noted that a tribe retains inherent sovereign authority to address “conduct [that] threatens or has some direct effect on . . . the health or welfare of the tribe.” Montana v. United States, 450 U. S. 544, 566 (1981); see also Strate v. A–1 Contractors, 520 U. S. 438, 456, n. 11 (1997). We believe this statement of law governs here. And we hold the tribal officer possesses the authority at issue.

Another excerpt:

More broadly, cross-deputization agreements are difficult to reach, and they often require negotiation between other authorities and the tribes over such matters as training, reciprocal authority to arrest, the “geographical reach of the agreements, the jurisdiction of the parties, liability of officers performing under the agreements, and sovereign immunity.” Fletcher, Fort, & Singel, Indian Country Law Enforcement and Cooperative Public Safety Agreements, 89 Mich. Bar J. 42, 44 (2010).

Here are the briefs and other background materials.

Yakama Nation Trust Breach Suit [Timber] Survives Motion to Dismiss

Here is the order in Confederated Tribes and Bands of the Yakama Nation v. United States (Fed. Cl.):

31 CFC Order

Briefs here.

The Intercept News Profile on Tribal Sovereign Lending

Here.

Freedmen Descendants’ Tribal Citizenship News Coverage

NYTs: “Tribes to Confront Bias Against Descendants of Enslaved People.”

Underscore: “Race and Tribal Sovereignty Clash in Congressional Dispute Over Enrollment.”

AP: “Black Freedmen struggle for recognition as tribal citizens.”

Choctaw Nation: “An Open Letter From Chief Gary Batton.

NPR: “Choctaw Nation Taking First Steps To Grant Citizenship To Freedmen.”

Additional materials on the Greenwood massacre.

AP: “‘The foundation of the wealth:’ Why Black Wall Street boomed.

Non-Indian’s Habeas Petition Rooted in McGirt Rejected

Here are the materials in Woods v. Nunn (W.D. Okla.):

1 Habeas Petition

5 Magistrate Report

7 DCT Order

8 Magistrate Report 2

9 DCT Order

Chemehuevi 638 Suit Dismissed, Moot

Here are the materials in Chemehuevi Indian Tribe v. United States (D. Ariz.):

1 Complaint

10 US Motion to Dismiss

13 Response

17 Reply

18 DCT Order

National Writers Series: Robin Wall Kimmerer — June 10, 2021

Details here.

ROBIN WALL KIMMERER

Robin Wall Kimmerer is a mother, scientist, decorated professor, and enrolled member of the Citizen Potawatomi Nation. She is the author of Braiding Sweetgrass: Indigenous Wisdom, Scientific Knowledge and the Teaching of Plants, which has earned Kimmerer wide acclaim. Her first book, Gathering Moss: A Natural and Cultural History of Mosses, was awarded the John Burroughs Medal for outstanding nature writing.

As a writer and a scientist, her interests in restoration include not only restoration of ecological communities, but restoration of our relationships to land. She holds a BS in Botany from SUNY ESF, an MS and PhD in Botany from the University of Wisconsin and is the author of numerous scientific papers on plant ecology, bryophyte ecology, traditional knowledge and restoration ecology. 

EVENT AND BOOK

This special TICKETED virtual event is presented in partnership with For Love of Water (FLOW), a nonprofit dedicated to protecting and preserving the extraordinary and essential natural resources of the Great Lakes. Half of the proceeds from our ticket sales will go to FLOW to support their mission. We are also honored to welcome Chairman David M. Arroyo of the Grand Traverse Band of Ottawa and Chippewa Indians for a blessing at the beginning of our event, and the Botanic Garden at Historic Barns Park as a community partner.

As a botanist, Robin Wall Kimmerer has been trained to ask questions of nature with the tools of science. As a member of the Citizen Potawatomi Nation, she embraces the notion that plants and animals are our oldest teachers. In Braiding Sweetgrass: Indigenous Wisdom, Scientific Knowledge and the Teachings of Plants, Kimmerer brings these two lenses of knowledge together to take us on “a journey that is every bit as mythic as it is scientific, as sacred as it is historical, as clever as it is wise” (Elizabeth Gilbert).

Braiding Sweetgrass weaves together a central argument: that the awakening of a wider ecological consciousness requires the acknowledgment and celebration of our reciprocal relationship with the rest of the living world.

This event is made possible in part by a grant from the Michigan Humanities, an affiliate of the National Endowment for the Humanities.

GUEST HOST | MATTHEW L.M. FLETCHER

Matthew L.M. Fletcher is Foundation Professor of Law at Michigan State University College of Law and Director of the Indigenous Law and Policy Center. He has been a visiting professor at the University of Arizona Rogers College of Law, the University of Michigan Law School, the University of Montana Blewett School of Law, and Stanford Law School. He is a frequent instructor at the Pre-Law Summer Institute for American Indian students. He sits as the Chief Justice of the Poarch Band of Creek Indians Supreme Court and also sits as an appellate judge for the Colorado River Indian Tribes, the Hoopa Valley Tribe, the Mashpee Wampanoag Tribe, the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians, the Pokagon Band of Potawatomi Indians, the Nottawaseppi Huron Band of Potawatomi Indians, the Rincon Band of Luiseño Indians, the Santee Sioux Tribe of Nebraska, and the Tulalip Tribes. He is a member of the Grand Traverse Band of Ottawa and Chippewa Indians.

Ninth Circuit Affirms Conviction in US v. Polequaptewa

Here is the opinion.

Briefs here.

New Issue of the American Indian Law Journal, Vol. 9, No. 2

Here:

Current Issue: Volume 9, Issue 2 (2021)

Articles

PDF

In Defense of the Indian Commerce Clause
Stephen Andrews

PDF

The Time Is Now For The IACHR To Address Climate Action As A Human Right: Indigenous Communities Can Lead (Again)
Lara C. Diaconu

PDF

Unqualified? Investing In Qualified Opportunity Zones On Reservations
Ben Gibson

PDF

Beyond A Sliver Of A Full Moon: Acknowledging And Abolishing White Bias To Restore Safety & Sovereignty To Indian Country
Mary T. Hannon

PDF

Inuit Nunangat Regional Overlaps: Reciprocal Harvesting & Wildlife Management Agreements
Christopher M. Macneill

PDF

Rebalancing Bracker Forty Years Later
William McClure and Thomas E. McClure

PDF

Native Nations’ Land Ownership And Our Disservice To Their People And Culture A Proposed Legislative Solution And A Lesson To Be Learned
David E. Missirian

PDF

The Blind Eye: Jus Soli, And The “Pretended” Treaty Of New Echota
Christopher Robert Rossi

PDF

Case Law On American Indians
Thomas P. Schlosser