Matthew L.M. Fletcher

National Indian Law Library Bulletin (11/16/2018)

November 19, 2018Matthew L.M. Fletcher

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 11/16/18.

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2018-2019update.html
Read the latest Tribal Supreme Court Project update published on 11/8/18.

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2018.html

Indian Country and the Territory Clause: Washington’s promise at the framing.
An indivisible and living whole: Do we value nature enough to grant it personhood?
Indigenous rights to water & environmental protection.
The prison as reserve: Governmentality, phenomenology, and indigenizing the prison.

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2018.html
Oklahoma Intrastate Transmission, LLC v. 25 Foot Wide Easement (Utility Easements)
New Mexico ex rel. State Engineer v. Carson (Water Rights; Standing)

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
In the Environment & Energy section, we feature articles about a ruling halting the Keystone XL pipeline.

Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2018.html
The Department of Health and Human Services, Administration for Children and Families, seeks public comment on proposed adoption of Administration for Native Americans Programs policies and procedures.

U.S. Legislation Bulletin
https://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
The following were added:
S.Res.702: A resolution recognizing National Native Native American Heritage Month and celebrating the heritages and cultures of Native Americans and the contributions of Native Americans to the United States.
H.R.7121: To protect the voting rights of Native American and Alaska Native voters.

WNYC News – Manhattan’s Indigenous People Hold First Pow Wow in City Since 1700s

November 19, 2018Matthew L.M. Fletcher

Here.

2018 TICA/MSU ILPC Conference Ethics Panel: Professional Responsibility and Ethical Obligations

November 16, 2018Matthew L.M. Fletcher

Nikki Borchardt Campbell, T.J. McReynolds, Kaighn Smith, and Yasmeen Farrah

Ninth Circuit Briefs in California Valley Miwok Tribe v. Zinke

November 16, 2018Matthew L.M. Fletcher

Here:

appellant-brief.pdf

tribal-appellee-brief1.pdf

federal-answer-brief.pdf

reply-1.pdf

Oral argument video here.

Lower court materials here.

2018 TICA/MSU ILPC Conference Panel #7: Litigating Difficult ICWA Cases

November 16, 2018Matthew L.M. Fletcher1 Comment

Annette Nickel, Tom Murphy, and April Olson

2018 TICA/MSU ILPC Conference Panel #6: Carpenter v. Murphy Overview and Implications

November 16, 2018Matthew L.M. Fletcher

Sara Hill, Stephen Greetham, Debra Gee, and Phil Tinker

Tenth Circuit Affirms Enable Oklahoma Intrastate Transmission LLC v. A 25 Foot Wide Easement

November 16, 2018Matthew L.M. Fletcher

Here is the opinion. An excerpt:

Plaintiff Enable Oklahoma Intrastate Transmission, LLC, appeals the district court’s dismissal of its case for lack of subject matter jurisdiction and for failure to join an indispensable party. Enable also challenges the amount of attorney fees the court awarded to the landowner defendants. Because our decision in Public Service Company of New Mexico v. Barboan, 857 F.3d 1101 (10th Cir. 2017), is dispositive of the subject matter jurisdiction issue, we affirm the district court’s order dismissing the action. We likewise affirm the attorney fees award as consistent with Oklahoma law.

Briefs and lower court materials here.