Author: Matthew L.M. Fletcher

Oglala Sioux Tribe Opioid Suit

Matthew L.M. Fletcher

Here is the complaint in Oglala Sioux Tribe v. Purdue Pharma LP (D.S.D.):

Complaint

NCAI: “VAWA 2013’s Special Domestic Violence Criminal Jurisdiction (SDVCJ) Five-Year Report”

Matthew L.M. Fletcher

Here.

South Dakota SCT Decides Estate of Ducheneaux v. Ducheneaux II

Matthew L.M. Fletcher

Here:

Opinion

Prior opinion here.

Ninth Circuit Briefs in Chemehuevi Tribe v. Brown [gaming compact dispute]

Matthew L.M. Fletcher

Here:

Chemehuevi Opening Brief

California Answer Brief

Reply

Lower court materials here.

Ninth Circuit Briefs in Mitchell v. Tulalip Tribes [challenge to tribal zoning ordinance]

Matthew L.M. Fletcher

Here:

Mitchell Opening Brief

Tulalip Answer Brief

Reply Brief

NYTs: “There’s Never Been a Native American Congresswoman. That Could Change in 2018.”

Matthew L.M. Fletcher

Here.

Harvey v. Ute Indian Tribe Cert Petition

Matthew L.M. Fletcher

Here:

Harvey v. Ute et al. Petition

Questions presented:

1.Whether the tribal remedies exhaustion doctrine, which requires federal courts to stay cases challenging tribal jurisdiction until the parties have exhausted parallel tribal court proceedings, applies to state courts as well.

2.Whether the tribal remedies exhaustion doctrine requires that nontribal courts yield to tribal courts when the parties have not invoked the tribal court‘s jurisdiction.

Lower court materials here.

UPDATES:

cert opp brief

Reply

SG Brief [Ute]

Petitioners Supplemental Brief

National Indian Law Library Bulletin (3/15/2018)

Matthew L.M. Fletcher

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 3/15/18.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2018.html

  • Justice for Native Nations: Insights from legal pluralism.
  • GMOs, International law, and Indigenous peoples.
  • May the spirit of section 106 yet prevail?: Recognizing the environmental elements of Native American intangible cultural heritage.

Tribal Courts Bulletin
http://www.narf.org/nill/bulletins/tribal/2018.html
Eastern Band of Cherokee Indians v. Lambert (Impeachment)
Apachito v. Navajo Election Administration (Elections)
Northern Edge Casino v. Window Rock District Court (Personal Injury)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2018.html
State v. Zack (Jurisdiction)

Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2018.html
The Department of the Interior has issued a notice relating to a list of programs eligible for inclusion in funding agreements negotiated with self-governance tribes.

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Health & Welfare section, we feature a couple of articles about Congressional efforts to battle opioid addiction in Indian Country.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
The following bills were added:

  • S. 2514: PACED Act (Preserving Access to Cost Effective Drugs) [bill to abrogate tribal sovereign immunity]
  • S. 2545: A bill to amend the Public Health Service Act to authorize a special behavioral health program for Indians.
  • H.R.5244: To reaffirm the Mashpee Wampanoag Tribe reservation, and for other purposes.

Federal Court Denies Reconsideration of Restoration of Swinomish Claims in BNSF Dispute

Matthew L.M. Fletcher

Here are the new materials in Swinomish Indian Tribal Community v BNSF Railway Company (W.D. Wash.):

88 Motion for Reconsideration

91 Swinomish Response

92 Reply

93 DCT Order

Prior posts here.