Author: Matthew L.M. Fletcher

Final Version of Fletcher & Singel’s “Indian Children and the Federal-Tribal Trust Relationship” Now Available

Matthew L.M. Fletcher1 Comment

Fletcher and Singel will publish “Indian Children and the Federal-Tribal Trust Relationship” in the Nebraska Law Review.

WaPo Commentary on New Indian Country Energy Guy at DOE

Matthew L.M. Fletcher1 Comment

Here is “‘How else can a Kenyan creampuff get ahead?’ is just one of the disturbing tweets sent by this Trump Energy Department agency head.”

Indigenous Law Journal Call for Papers

Matthew L.M. Fletcher

Here:

Indigenous Law Journal – Call For Submissions!

Please download our Call for Submissions!

Deadline: September 1, 2017

Please contact the Submissions Manager prior to making an oral submission, or to submit written work: submissions.ilj@utoronto.ca

If someone you know would like to receive future calls for submissions, please signup here (link)! You may unsubscribe from our list using the link at the bottom of this email.

Sincerely,

Ben Hanff, Josh Favel, Catherine Ma
Editors-in-Chief
The Indigenous Law Journal

Ninth Circuit Affirms Dismissal of Tort Claim against Rocky Boy’s

Matthew L.M. Fletcher

Here is the unpublished opinion in Eagleman v. Rocky Boy’s Chippewa-Cree Business Committee or Council.

Briefs here.

Lower court materials here.

Oral argument video here.

Isleta Pueblo Sues New Mexico over Revenue Sharing

Matthew L.M. Fletcher

Here is the complaint in Pueblo of Isleta v. Martinez (D.N.M.):

Complaint

An excerpt:

The Plaintiffs seek a declaration, pursuant to 28 U.S.C. § 2201, that the Defendants’ ongoing effort under the 2015 Tribal-State Gaming Compacts with the State of New Mexico (“2015 Compact”) to require each Pueblo to retroactively treat all free play credits used on Gaming Machines as revenue for purposes of calculating State revenue sharing payments under the 2007 Tribal-State Gaming Compacts with the State of New Mexico (“2007 Compact”) violates federal law.

Spokane County Sues to Stop Spokane Tribe Casino

Matthew L.M. Fletcher

Here is the complaint in Spokane County v. Dept. of Interior (E.D. Wash.):

Complaint

An excerpt:

Spokane County, Washington (“County”) brings this action seeking review of and relief from a June 15, 2015 decision by the Department of the Interior (“Department”) approving a proposal by the Spokane Tribe of Indians to build its third casino directly below Fairchild Air Force Base’s (“Fairchild AFB”) VFR traffic pattern for Fairchild’s primary runway. The Department’s determination that this casino will not be detrimental to the surrounding community violates federal statutes governing such decisions, overrides the opposition of the vast majority of officials elected to represent the interests of the surrounding community, is belied by the record evidence and long-standing agency policy, and defies basic common sense.

Cert Petition in Washington State Dept. of Licensing v. Cougar Den Inc.

Matthew L.M. Fletcher2 Comments

Here:

Cert Petition

Questions presented:

Whether the Yakama Treaty of 1855 creates a right for tribal members to avoid state taxes on off-reservation commercial activities that make use of public highways.

Lower court materials here.

UPDATE (8/23/17):

Cougar Den Cert Opp

UPDATE (9/6/17):

Reply

 

National Indian Law Library Bulletin (6/21/2017)

Matthew L.M. Fletcher

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 6/21/17.

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2016-2017update.html
Opinion was issued in Matal v. Tam (Trademarks; Free Speech) on 6/19/17.

U.S. Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2017.html
French v. Starr (Tribal Jurisdiction; Eviction)
Darnell v. Merchant (Witnesses)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2017.html
In Interest of L.M.B. (Indian Child Welfare Act – Expert Witnesses)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Culture and Tradition section, we feature an article about the U.S. Supreme Court decision striking down a ban on disparaging trademarks.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2017.html
The following articles were added:
Bringing it home: North American genocides.
The model tribal probate code: Opportunity to correct the problems of fractionation and legacy of the Dawes Act.
The Indian Health Service: Barriers to health care and strategies for improvement.
Casting a wide net: Why it is incumbent upon the Environmental Protection Agency to expand the scope of its cost-benefit analysis to include Native American populations and cultural fishing practices in the aftermath of Michigan v. EPA.
Changing currents: Climate change and stakeholder involvement in the Colorado River basin.
The Antiquities Act & national monuments: Analysis of geological, ecological, & archaeological resources of the Colorado Plateau.

Bob Chang: “Derogatory trademarks aren’t about free speech. They’re about discrimination.”

Matthew L.M. Fletcher

From WaPo, here.