Author: Matthew L.M. Fletcher

National Indian Law Library Bulletin (11/6/2019)

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/index.html

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
Drake v. Salt River Pima-Maricopa Indian Community (Sovereign Immunity)

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

  • H.R.4957 – To amend the Indian Child Protection and Family Violence Prevention Act.

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2019.html

  • America’s quiet legacy of Native American voter disenfranchisement: Prospects for change in North Dakota after Brakebill v. Jaeger.

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

  • Native American leaders say Keystone spill highlights the need to oppose Dakota Access Expansion, Keystone XL
  • An Inuit approach to cancer care promotes self-determination and reconciliation
  • Uprooted: The 1950’s plan to erase Indian Country
  • House OKs permanent ban on mining 1 million acres around Grand Canyon
  • Snoqualmie Tribe buys ancestral Snoqualmie Falls from Muckleshoot for $125 million
  • Nevada tribes slam state for scrubbing native history document from web
  • Indian student count finally being updated for the modern era

Federal Court Orders Tribal Exhaustion in Employment Discrimination Case [Chippewa Cree Tribe]

Matthew L.M. Fletcher

Here are the materials in Walker v. Windy Boy (D. Mont.):

1 Complaint

10 Motion to Dismiss

20 Response

25 Reply

32 DCT Order

Federal Court Grants Summary Judgment to US on Whistleblower Claims from Former Sauk-Siuattle Employee

Matthew L.M. Fletcher

Here are the materials in the looooong-running Dahlstrom v. United States (W.D. Wash.) matter:

98 US MSJ

103 Response

107 Reply

116 DCT Order Granting 98

Prior materials in this case here. Materials in the related case against the tribe, here.

Prisoner Claims against Mescalero Dismissed

Matthew L.M. Fletcher

Here are the materials in  (D.N.M.):

1 Complaint

6 DCT Order

And here are the materials in  (D.N.M.):

1 Habeas Petition

13 DCT Order

Federal Claims Court Dismisses 2 of 3 Counts against US in Ute Trust Breach Suit

Matthew L.M. Fletcher

Here are the materials in (Fed. Cl.):

1 Complaint

15 US Motion to Dismiss

20 Response

21 Reply

23-1 Surreply

27 DCT Order

Related suit here.

Malinda Lowery on Why Columbus Day Is Dying

Matthew L.M. Fletcher

Here is “Why more places are abandoning Columbus Day in favor of Indigenous Peoples Day.”

The Onion: “‘Hey You, Want To Be A Federal Judge?’ Says Mitch McConnell Pointing To Valet In Heritage Foundation Parking Lot”

Matthew L.M. Fletcher

Here.

The Onion: “TC Energy Says Keystone Pipeline Failed Due To Protestors Making It Lose Confidence In Itself”

Matthew L.M. Fletcher

Here.

Federal Court Dismisses ADA Claim against Tribal Enterprise [service animal barred from casino]

Matthew L.M. Fletcher

Here are the materials in Drake v. Salt River Pima-Maricopa Indian Community (D. Ariz.):

1 Complaint

14 Motion to Dismiss

15 Motion to Set Aside Default

21 Response to 14

22 Response to 15

24 Reply in Support of 14

25 Reply in Support of 15

26 DCT Order

Governor Whitmer Signs Executive Directive to Strengthen Tribal-State Relations

Matthew L.M. Fletcher

Here is the Executive Directive.

Press release:

Governor Whitmer Signs Executive Directive to Strengthen Tribal-State Relations  

EDbuilds upon and strengthens process of tribal consultation 

MT. PLEASANT, Mich. —Today, during a summit of Michigan’s tribal leaders, Governor Gretchen Whitmer signed Executive Directive 2019-17. The executive directive reaffirms and extends Michigan’s commitment to recognize the sovereignty and right of self-governance of Michigan’s federally-recognized Indian tribes and orders each state department and agency to adhere to these principles. 

“As Michiganders, we must ensure that our tribalcommunitiesare treated with dignity and respect,” said Governor Whitmer.“It’s important to me that each tribe has aseat at the table in my administration to contribute their perspectives, and I’m committed to working closely with our tribal leaders to protect the health, safety, and welfare of their communities.” 

Executive Directive 2019-17 also details a process of tribal consultation designed to ensure meaningful and mutually beneficial communication and collaboration between these tribes and the departments and agencies on all matters of shared concern. It’s also the firstexecutivedirectivein Michigan history to require training on tribal-state relations for all state department employees who work on matters that have direct implications for tribes. 

Governor Whitmer has shown a deep commitment to ensuring members of Michigan’s federally recognized tribes have a seat at the table in state government. She appointed Wenona Singel, a citizen of Little Traverse Bay Bands, as her advisor on tribal-state affairs, the first tribal citizen to hold this position in Michigan history. 

Tribal members that Governor Whitmer has appointed to Michigan state boards and commissions include Chris Swartz on the UP Energy Task Force, General Counsel Whitney Gravelle on the Michigan Women’s Commission, Natural Resources Department Director Evelyn Ravindran on the Committee on Michigan’s Mining Future, and Councilor Emily Proctor on the Census Complete Count Committee.