Author: Matthew L.M. Fletcher

U.S. Tax Court Holds Section 17 Corporation Not Legally Distinct from Corporate Subsidiaries

Matthew L.M. Fletcher

Here is the opinion in Blue Lake Rancheria Economic Development Corp. v. Commissioner:

Blue Lake Rancheria Sec. 17 Tax Court Decision

New Scholarship on Indian Self-Determination and Health Care

Matthew L.M. Fletcher

Geoffrey D. Strommer, Starla K. Roels, and Caroline P. Mayhew have published Tribal Sovereign Authority and Self-Regulation of Health Care Services: The Legal Framework and the Swinomish Tribe’s Dental Health Program [PDF] in the Journal of Health Care Law and Policy [Maryland].

HIGHLY RECOMMENDED

Materials (so far) in Challenge to Estom Yumeka Maidu Tribe of the Enterprise Rancheria Trust Land Acquisition

Matthew L.M. Fletcher

Here are the materials in Cal-Pac Rancho Cordova LLC v. United States Department of the Interior (E.D. Cal.):

1 Complaint

22 Motion to Supplement Administrative Record

23 Response

24 Reply

28 DCT Order

High Country News: “Is a new copyright law a ‘colonization of knowledge’?”

Matthew L.M. Fletcher

Here.

Native Village of Nuiqsut v. BLM Complaint

Matthew L.M. Fletcher

Here is Native Village of Nuiqsut v. Bureau of Land Management (D. Alaska):

native-village-of-nuiqsut-v-blm.pdf

News Profile on Missing and Murdered Native Women

Matthew L.M. Fletcher

Here is “‘Historical trauma’: Native communities grapple with missing and murdered women.”

Colorado Law – Conference March 15-16, 2019

Matthew L.M. Fletcher

Here:

image_for_registration_1.29.19

Agenda here.

Federal Court Rejects EPA’s Effort to Dismiss Navajo Nation & State of Utah’s Suit over Gold King Mine Spill

Matthew L.M. Fletcher

Here are the materials in In re Gold King Mine Release in San Juan, County on August 5, 2015 (D.N.M.):

1 Transfer Order

8 Amended Complaint

41 Harrison Western Construction MTD

42 Kinross Gold MTD

44 EPA MTD

46 Weston Solutions MTD

52 Gold King Mines MTD

55 Salem Minerals MTD

58 Navajo Response to 46

59 Utah Response to 41

61 Navajo Nation Response to 44

67 Navajo Nation Response to 42 and 52

74 Reply in Support of 42

76 Reply in Support of 44

77 Reply in Support of 41

81 Reply in Support of 52

114 EPA 2d MTD

115 Kinross Gold 2d MTD

117 Weston Solutions 2d MTD

118 Salem Minerals 2d MTD

128 Allen Response to 114 etc

133 EPA Reply in Support of 114

164 DCT Order

Prior post here.

Gov. Whitmer Appoints Wenona Singel as Deputy Legal Counsel to the Office of the Governor

Matthew L.M. Fletcher

Here:

March 1, 2019

 

Gov. Whitmer Appoints Wenona Singel as Deputy Legal Counsel to the Office of the Governor  

 

LANSING, Mich. – Gov. Gretchen Whitmer appointed longtime educator and activist, Wenona Singel, as the deputy legal counsel to the Office of the Governor. Singel is the first American Indian to hold this position in Michigan. 

Her position of deputy legal counsel includes serving as the advisor to the Governor on tribal affairs. While serving in this role, she will work to strengthen the government-to-government relationship between Michigan’s twelve federally-recognized tribes and the State of Michigan.  

“I’m thrilled to work with Wenona on strengthening our relationships with Michigan tribes,” said Whitmer. “As a first step, I directed each state department to develop a tribal consultation policy.”   

Before her appointment, Wenona Singel was an associate professor at Michigan State University College of Law and Associate Director of the Indigenous Law and Policy Center. She is a magna cum laude graduate of Harvard College, and she received a J.D. from Harvard Law School.   

Previously, she served as a board member of the Saint Lawrence Seaway Development Corporation following a presidential appointment by President Barack Obama with Senate confirmation. Wenona is an enrolled citizen of the Little Traverse Bay Bands of Odawa Indians and a member of the American Law Institute, and she has two children with her husband, Matthew Fletcher.   

The appointment is not subject to the advice and consent of the Senate.      

National Indian Law Library Bulletin (2/28/2019)

Matthew L.M. Fletcher

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 2/28/19.

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2018-2019update.html
Petition for certiorari was filed on 2/14/19 in:
Wilson v. Horton’s Towing, et al. (Exhaustion of Tribal Court Remedies)

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

  • Trespass and vandalism or protecting that which is holy? The missing piece of religious liberty land-use claims.
  • Presidential permitting for pipelines: Constitutionality and reviewability.
  • The Dakota Access Pipeline and the destruction of cultural heritage: Applying the crime against humanity of persecution before the ICC.
  • Bridging the jurisdictional void: Cross-deputization agreements in Indian Country.
  • Immunity inconsistency at the patent and trademark office: A case study for sovereign immunity in administrative adjudications.
  • International indigenous economic law.
  • A tiered approach to rights in traditional knowledge.
  • International indigenous economic law.
  • Dawn of a new day? The evolving relationship between the convention on biological diversity and international human rights law.
  • The fallacy of defensive protection for traditional knowledge.
  • Why is traditional knowledge different form all other intellectual property?
  • New dialogues, new pathways: Reframing the debate on intellectual property and traditional knowledge.
  • Traditional knowledge and genetic resources: Observing legal protection through the lens of historical geography and human rights.

 

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
In re Greektown Holdings, LLC (Tribal Sovereign Immunity; Bankruptcy)
Stanko v. Oglala Sioux Tribe (Exhaustion of Tribal Court Remedies)
Energy Transfer Equity, LP v. Greenpeace International (Oil Pipeline; Racketeer Influenced and Corrupt Organizations Act)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2019.html
Long v. Snoqualmie Gaming Commission (Land into Trust; Gaming)
The People ex rel. Becerra v. Huber (Jurisdiction)
Matter of S.R. (Indian Child Welfare Act – Application of)
In re. L.D. v. M.J. (Indian Child Welfare Act – Tribal Intervention)

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
In the Land & Water section, we feature an article about the State of Alaska seeking to takeover subsistence management.

U.S. Legislation Bulletin
https://www.narf.org/nill/bulletins/legislation/116_uslegislation.html
The following were added:
H.R.1416: To protect the legal production, purchase, and possession of marijuana by Indian tribes, and for other purposes.
H.R.1351: To amend the Victims of Crime Act of 1984 to secure urgent resources vital to Indian victims of crime, and for other purposes.
S.582: To amend the duties of the Financial Crimes Enforcement Network (FinCEN) to ensure FinCEN works with tribal law enforcement agencies, protects against all forms of terrorism, and focuses on virtual currencies.

Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2019.html
The Department of the Interior, Bureau of Indian Affairs, published a notice of the deadline for submitting completed applications to begin participation in the Tribal Self-Governance Program in fiscal year 2020 or calendar year 2020.