Matthew L.M. Fletcher

Coeur D’alene Tribe v. Hawks: Why Federal Courts Have the Power to Recognize and Enforce Tribal Court Judgments Against Nonmembers “Because of the Federal Government’s Unique Relationship with Indian Tribes” – Heath Albert PDF

The Disproportionate Effect on Native American Women of Extending the Federal Involuntary Manslaughter Act to Include a Woman’s Conduct Against Her Child in Utero: United States v. Flute – Andie B. Netherland PDF

Special Feature

Mirrored Harms: Unintended Consequences in the Grant of Tribal Court Jurisdiction over Non-Indian Abusers – Jonathan Riedel PDF

Yellen/ANCs v. Chehalis Oral Argument Transcript

April 19, 2021Matthew L.M. Fletcher

Here.

CSPAN link here.

Background materials here.

SCOTUS Argument in Yellen/ANCs v. Chehalis

April 19, 2021Matthew L.M. Fletcher

CSPAN link here.

Background materials here.

Strict Scrutiny Podcast Featuring Yellen v. Chehalis Preview

April 19, 2021May 6, 2021Matthew L.M. Fletcher

Here.

Transcript here.

Background materials here.

Catawba Nation Prevails against Cherokee Nations in Trust Land Matter

April 19, 2021April 18, 2021Matthew L.M. Fletcher

Here is the opinion in Eastern Band of Cherokee Indians v. Dept. of the Interior (D.D.C.):

77 DCT Order

Briefs here.

Federal Court Dismisses Pala Band’s Challenge to State Motor Fuel Tax Collection Requirement

April 19, 2021April 18, 2021Matthew L.M. Fletcher

Here are the materials in Pala Band of Mission Indians v. Maduros (S.D. Cal.):

15 Second Amended Complaint

16-1 Motion to Dismiss

18 Response

19 Reply

21 DCT Order

D.C. Circuit Affirms Stand Up for California! v. Dept. of Interior [Wilton Rancheria]

April 16, 2021Matthew L.M. Fletcher

Here is the opinion.

An excerpt:

This appeal comes after a seven year effort by the Department of the Interior (“Department”) to acquire land in trust on behalf of the Wilton Rancheria (“Wilton” or “Tribe”) to build a casino. After the Department finalized the acquisition of a parcel of land in Elk Grove, California, Stand Up for California! (“Stand Up”), Patty Johnson, Joe Teixeira, and Lynn Wheat (collectively “Appellants”) sued the Department. They brought a litany of claims, including claims that the Department (1) impermissibly delegated the authority to make a final agency action to acquire the land to an official who could not wield this authority, (2) was barred from acquiring land in trust on behalf of Wilton’s members, and (3) failed to adhere to its National Environmental Protection Act obligations when it selected the Elk Grove location. Appellants and the Department cross moved for summary judgment, and the District Court granted the Department’s motions on all counts. For the reasons set forth below, we affirm the District Court.

Briefs here.