Author: Matthew L.M. Fletcher

Ninth Circuit Rejects La Posta Band’s Challenge to Border Wall

Matthew L.M. Fletcher

Here is the unpublished opinion in La Posta Band of Diegueno Mission Indians of the La Posta Reservation v. Trump.

Briefs are here.

New Indian Law Scholarship Posted on SSRN

Matthew L.M. Fletcher

Here:

Scaling Commercial Law in Indian Country

Texas A&M Law Review, Forthcoming
Number of pages: 38 Posted: 21 Sep 2020
Working Paper Series
Marc Lane Roark
Southern University Law Center

McGirt v. Oklahoma and the Past, Present, and Future of Reservation Boundaries

University of Pennsylvania Law Review Online, 2020
Number of pages: 45 Posted: 22 Sep 2020 Last Revised: 06 Oct 2020
Accepted Paper Series
Bethany Berger
University of Connecticut School of Law

Disparate Defense in Tribal Courts: The Unequal Right to Counsel as a Barrier to Expansion of Tribal Court Criminal Jurisdiction

Forthcoming in 106 Cornell Law Review (November 2020)
Number of pages: 29 Posted: 25 Sep 2020
Accepted Paper Series
Samuel Macomber
Independent

The Canadian Indian Free Passage Right: An Anomaly in U.S. Immigration Law

The Federal Lawyer (May/June 2020)
Number of pages: 2 Posted: 02 Oct 2020
Accepted Paper Series
Paul Spruhan
Navajo Nation Department of Justice

Tribes, Nations, States: Our Three Commerce Powers

Number of pages: 48 Posted: 12 Oct 2020
Working Paper Series
Christopher R. Green
University of Mississippi – School of Law

Indiana’s Indian Laws: Indigenous Erasure and Racism in the Land of the Indians

Number of pages: 28 Posted: 21 Oct 2020
Working Paper Series
Aila Hoss
University of Tulsa College of Law

Chris Chaney on Tribal Data Sovereignty

Matthew L.M. Fletcher

“Data Sovereignty: Tribal Records are Sacred” is available here.

D.C. Circuit Materials in Standing Rock v. Army Corps

Matthew L.M. Fletcher

Here are the briefs in Standing Rock Sioux Tribe v. United States Army Corps of Engineers:

Dakota Access Brief

Dakota Access Reply

Federal Brief

Federal Reply Brief

Members of Congress Amicus Brief

NIWRC Amicus Brief

North Dakota Brief

Standing Rock Brief

States Against DAPL Amicus Brief

States Supporting DAPL Amicus Brief

Tribal Orgs Amicus Brief

Oral argument audio here.

Lower court materials here.

Albany Law Journal of Science and Technology Symposium on COVID

Matthew L.M. Fletcher

I will be presenting on my paper “Indian Lives Matter: Pandemics and Inherent Tribal Powers.”

My presentation materials are here.

Federal Court Orders Exhaustion (again) of Tribal Remedies in Suit against LDS

Matthew L.M. Fletcher

Here are the materials in Corporation of the President of the Church of Jesus Christ of Latter-Day Saints v. F.D. (D. Utah):

1-1 Federal Complaint

10 FD Motion to Dismiss

11 Notice of Removal

19 Motion to Remand

19-1 DCT Stay Order

19-2 Redacted Complaint

32 FD Opposition

40 Reply

43 DCT Order

A related case, Corporation of the President of the Church of Jesus Christ of Latter-Day Saints v. B.N. (D. Utah), is stayed:

2 Complaint

2-1 BN Tribal Court Complaint

2-2 Window Rock DCT Order on Motion to Dismiss

2-3 Navajo SCT Opinion

17 BN Motion to Dismiss

23 Opposition

24 Reply

45 DCT Stay Order

Our prior post on the first order to exhaust is here.

Ute Tribe and Members Sue Federal Government over Uintah Indian Irrigation Project

Matthew L.M. Fletcher

Here is the complaint in Perank v. United States (D. Utah):

2 Complaint