Author: Matthew L.M. Fletcher

Arizona Administrative Appeals Board Finds Tax Immunity for Indian-Owned Business at Salt River

Matthew L.M. Fletcher

Here is the opinion in On-Auk-More Trade Center LLC and State of Arizona E S A Tax Unit:

2020-05-20 – OAMTC Opinion3224

WaPo: “Covid-19 has been brutal in Indian country — just like past epidemics were”

Matthew L.M. Fletcher

Here.

Project to Implement the United Nations Declaration on the Rights of Indigenous Peoples in the United States

Matthew L.M. Fletcher

From CU and NARF:

The University of Colorado American Indian Law Program and Native American Rights Fund have teamed up on a Project to Implement the UN Declaration on the Rights of Indigenous Peoples in the United States. Visit our new website (https://un-declaration.narf.org/) for informational materials and upcoming interactive sessions to advance human rights in Indian Country. Among other things, the site features our 2020 Project Report and material on the applicability of the Declaration in various subject matters, with new information being added on a daily basis. This summer we will work with Professor Angela R. Riley’s Native Nations Law and Policy Center at UCLA School of Law to develop a Tribal Implementation Toolkit, and hope to collaborate with other institutions going forward! We’d love to hear from you.

Another Update on South Dakota Road Closure Controversy

Matthew L.M. Fletcher

From Above the Law, “South Dakota Governor Demands White House, DOJ, Interior, And Congress Crack Down On Reservation’s COVID Roadblocks.”

Letter is here.

Cert Petition in Oklahoma Gaming Machines Tax Case

Matthew L.M. Fletcher

Here is the petition in Rogers County Board of Tax Roll Corrections v. Video Gaming Technologies, Inc.:

20200514142407520_Petition for Writ of Certiorari

20200514142428474_Appendix for Petition for Writ of Certiorari

Question presented:

Whether a generally applicable state ad valorem tax, as assessed against personal property owned by a non-Indian, out-of-state corporate entity and leased to a tribe for use in its casino operations, is preempted by the Indian Gaming Regulatory Act and the Court’s “particularized inquiry” balancing test, see White Mountain Apache Tribe v. Bracker, 448 U.S. 136 (1980), where the tax does not infringe on any federal regulatory purpose contained in the IGRA, the tax does not interfere with any tribal sovereignty interests, and the tax supports relevant and important government interests, such as law enforcement, schools and health services.

Lower court decision here.

UPDATE:

Tulsa County Assessor Amicus Brief

Cert Opp Brief

National Indian Law Library Bulletin (5/20/2020)

Matthew 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 narf.org/nill/bulletins/

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2020.html
Chee v. Mescalero Apache Tribal Court (Writ of Habeas Corpus)
Magee v. Shoshone Paiute Tribes of the Duck Valley Reservation (Sovereign Immunity)
Stephen C. v. Bureau of Indian Education (Indian Education)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2020.html
Robbins v. Mason County Title Insurance Company (Treaty Rights)

U.S. Legislation – 116th Congress Bulletin
https://narf.org/nill/bulletins/legislation/116_uslegislation.html

  • S.3754 – A bill to amend the Omnibus Public Land Management Act of 2009 to make a technical correction to the water rights settlement for the Shoshone-Paiute Tribes of the Duck Valley Reservation, and for other purposes.
  • S.3742/H.R.6907 – A bill to establish a program in the Department of the Treasury to allocate funds to States, units of general local government, and Indian Tribes to provide assistance to certain small businesses, and for other purposes.
  • H.R.6836 – To amend the CARES Act to provide for payments to the Indian Health Service, Indian Tribes, Tribal organizations, and urban Indian organizations from the Public Health and Social Services Emergency Fund, and for other purposes.

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2020.html

  • Jurisdictionary transparency and Native American women.
  • Uncivil rights: The abuse of tribal sovereignty and the termination of American Indian tribal citizenship.

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

  • Native Women Lead, Nusenda funnel funding to indigenous businesses, families
  • Native Sun News Today: Checkpoints on reservations point of discussion
  • Harvard Project/Native Nations Institute Report on CARES Act Distribution
  • Burt Lake Band prevails in federal court; can appeal BIA denial
  • UCLA Preliminary Report on Census 2020 and 2010 Response Rates on American Indian Reservations
  • Mashpee Wampanoag Tribe returns to court
  • Native American farm working to keep community fed during pandemic
  • Healthcare. Housing. Infrastructure. Indian Country’s ‘status quo is in a bad spot’
  • A sustainable Arctic has to include Indigenous groups
  • KU Law partners with UN to train diplomats on indigenous issues, conflict resolution
  • Bison bring spiritual revitalization to Sioux, Assiniboine

Federal Court Allows Gila River Indian Community Effort to Enforce Gila River Water Rights to Proceed

Matthew L.M. Fletcher

Here are the materials so far in Gila River Indian Community v. Cranford (D. Ariz.):

1 Complaint

14 Motion to Dismiss

15 Response

16 Reply

20 Defendants Supp Brief

21 GRIC Supp Brief

22 DCT Order

Leah Litman on Interruptions of Women Justices in SCOTUS Oral Arguments by Phone

Matthew L.M. Fletcher

Really interesting chart about how often the Chief Justice interrupted RBG, Sotomayor, and Kagan that has a LOT of instances from the McGirt argument.

Here is “Muted Justice” on SSRN.