Matthew L.M. Fletcher

Criminal injustice. Police officers who flocked to Standing Rock to crush Indian protesters are giving each other awards. An all-white jury acquitted of murder a white farmer in Saskatchewan who shot and killed a young aboriginal man with car trouble who was asking for help. Oklahoma appeals Tenth Circuit decision affirming reservation boundaries because it wants to execute a tribal member. Muscogee (Creek) Nation police chief estimates tribe will need at least 200 more police officers as a result of the decision. A new short article for practitioners on practicing criminal law in tribal courts.

Tenth Circuit Affirms Conviction (again) for Mail Fraud against Paiute Indian Tribe of Utah

February 10, 2018Matthew L.M. Fletcher

Here is the unpublished opinion in United States v. Zander.

Prior post here.

Carla Pratt to be Dean of Washburn Law School

February 9, 2018Matthew L.M. Fletcher

Here.

From the law school’s website:

Pratt brings more than 20 years of experience to Washburn Law, including serving as law professor and associate dean for academic affairs at Dickinson Law, Carlisle, Pennsylvania, and practicing law as a commercial litigator with the law firm of Drinker, Biddle & Reath LLP, Philadelphia, and as deputy attorney general in New Jersey. From 2012 to 2018, she served as an associate justice for the Supreme Court of the Standing Rock Sioux Tribe, Fort Yates, North Dakota, where she heard appeals in cases relating primarily to tribal criminal law, family law, business law, and constitutional law.

National Indian Law Library Bulletin (2/8/2018)

February 9, 2018Matthew L.M. Fletcher

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 2/8/18.

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2017-2018update.html
Petition for certiorari was filed in Royal v. Murphy (Tribal Jurisdiction; Indian Reservation Boundaries) on 2/6/18.

U.S. Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2018.html
State of Texas v. Alabama Coushatta Tribe of Texas (Indian Gaming Regulatory Act – Class II Gaming)
United States v. Board of Directors of the Truckee-Carson Irrigation District (Tribal Water Rights)
Citizen Potawatomi Nation v. State of Oklahoma (Gaming – Arbitration Award)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Culture & Tradition section, we feature an article about the Transportation Security Administration’s commitment to improve respectful handling of Native American sacred objects.

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

The “right” right to environmental protection: What we can discern from the American and Indian constitutional experience.
An Arctic peril: The pitfalls and potential of a fragmentary polar law.
Tribal sovereignty and gaming: A proposal to amend the National Labor Relations Act.
Responsible resource development: A strategic plan to consider social and cultural impacts of tribal extractive industry development.
A dollar for your thoughts: Dollar General and the Supreme Court’s struggle with tribal civil jurisdiction.

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

H.R.4965: To establish best practices for State, tribal, and local governments participating in the Integrated Public Alert and Warning System, and for other purposes.
H.R.4975: To amend the Atomic Energy Act of 1954 to provide for consultation with State, tribal, and local governments, the consideration of State, tribal, and local concerns, and the approval of post-shutdown decommissioning activities reports by the Nuclear Regulatory Commission.
H.R.4899: Access to Substance Abuse Treatment Act of 2018 (See Sec.4 A.i.)
H.R.4967: To amend the Richard B. Russell National School Lunch Act and the Child Nutrition Act of 1966 to improve nutrition in tribal areas and for other purposes.
S.2369: A bill to authorize aboriginal subsistence whaling pursuant to the regulations of the International Whaling Commission, and for other purposes.
S.2375: A bill to amend title 38, United States Code, to provide outer burial receptacles for remains buried in National Parks, and for other purposes.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2018.html
We feature a notice of the Department of the Interior, Bureau of Indian Affairs notice of tribal consultation on the Indian trust asset management demonstration project.