North Dakota SCT Awards Attorney Fees to Defendants in Indian Country Tort Claim Brought in State Court

February 17, 2017Matthew L.M. Fletcher1 Comment

Here is the opinion in Tillich v. Bruce.

An excerpt:

Don Bruce, Vinier Davis, and Linda Davis (“Defendants”) appeal from a judgment granting their motion to dismiss and denying their request for attorney fees. We reverse the district court’s denial of the Defendants’ request for attorney fees under N.D.C.C. § 28-26-01(2) and remand for calculation of attorney fees based upon accepted factors and order the district court award attorney fees to the Defendants.

Briefs:

1.	Tillich v. Bruce – Appellee Brief
	*Abstract:* Argument date: Oct. 2016. Topic: Torts (Negligence, Liab., Nuis.). Judge: Hon. M. Richard Geiger.

2.	Tillich v. Bruce – Appellant Brief
	*Abstract:* Argument date: Oct. 2016. Topic: Torts (Negligence, Liab., Nuis.). Judge: Hon. M. Richard Geiger.

3.	Tillich v. Bruce – Reply Brief
	*Abstract:* Argument date: Oct. 2016. Topic: Torts (Negligence, Liab., Nuis.). Judge: Hon. M. Richard Geiger.

Carolina Academic Press Book Announcement — Graham & Van Zyl-Chavarro: “Education, Media, and the UN Declaration on the Rights of Indigenous Peoples”

February 16, 2017February 16, 2017Matthew L.M. Fletcher

Here:

Education, Media, and the UN Declaration on the Rights of Indigenous Peoples

Lorie M. Graham & Amy Van Zyl-Chavarro

Education and media are important societal tools for sustaining and transmitting cultures. Yet for Indigenous Peoples, just the opposite has been true for much of modern history. They have been used to silence indigenous voices, support forced assimilation, and perpetuate inequalities and marginalization. This book examines the three articles of the UN Declaration on the Rights of Indigenous Peoples aimed at countering these injustices: Article 14 on the right to education, Article 15 on the right to non-discrimination and accuracy in public information, and Article 16 on the right to media. It explores the intrinsic and instrumental value these international norms hold for self-determining indigenous polities, and how additional domestic laws and policies can lead to their robust implementation.

8th Spokane County Bar Association Indian Law Conference

February 16, 2017Matthew L.M. Fletcher

Here (PDF):

2017-02-24-spokane-indian-law-conference-flyer_page_1

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Northwestern Pritzker School of Law: Law School Admissions Conference

February 16, 2017Matthew L.M. Fletcher

Here are details:

Pathway to the Legal Profession Law School Admissions Conference

Saturday, March 11, 2017 10:00 a.m. – 5:30 p.m.

Check-in starts at 9:30am

We cordially invite you to attend the Pathway to the Legal Profession Conference. This conference will give prospective law school applicants a comprehensive overview of the law school application process and advice on how to successfully navigate it from applicant to law student. Current law students from diverse, non-traditional backgrounds, including first generation students and students with limited financial means, want to help attendees from similar backgrounds journey from law school applicant, to law school student, to lawyer.

The all-day conference consists of:

A workshop on mastering the LSAT
A law school admissions presentation
Mock law class taught by a real law school professor
Various panels made up of diverse lawyers and current law students sharing their wisdom and insight as well as answering your questions
Mentorship opportunities
Lunch will be provided

The conference will take place at: Northwestern Pritzker School of Law

375 East Chicago Avenue, Chicago, Illinois 60611

Please RSVP at https://goo.gl/forms/THk4Msx1vIjjHuos1. Registration closes March 6th at 5:00 p.m. Space is limited.

Agenda (PDF):

2017-pathway-conference-agenda

Cedarville Rancheria Prevails in Tribal Exhaustion Matter

February 16, 2017February 17, 2017Matthew L.M. Fletcher

Here are the materials in Knighton v. Cedarville Rancheria of Northern Paiute Indians (E.D. Cal.):

An excerpt:

Plaintiff Duanna Knighton, the former Tribal Administrator for defendant Cedarville Rancheria of Northern Paiute Indians (“the Tribe”), seeks declaratory and injunctive relief against the Tribe, Cedarville Rancheria Tribal Court (“Tribal Court”), and Tribal Court Judge Patricia R. Lenzi (“Tribal Judge Lenzi”) (collectively “defendants”) to avoid Tribal Court jurisdiction over claims that she defrauded the Tribe and breached her fiduciary duties to it. Defendants move to dismiss Knighton’s complaint because the Tribal Court has jurisdiction. I agree that it has both regulatory and adjudicative authority over its former employee under the facts alleged; accordingly, it has subject matter jurisdiction. Defendants’ motion is GRANTED WITH PREJUDICE.

Split Washington SCT Decides Rule 19/Tribal Immunity in In Rem Jurisdiction Matter

February 16, 2017Matthew L.M. Fletcher2 Comments

Here is the 5-4 opinion in Lundgren v. Upper Skagit Indian Tribe.

Briefs:

Monte Mills: “How will Native tribes fight the Dakota Access Pipeline in court?”

February 16, 2017Matthew L.M. Fletcher

Here, at PBS.

An excerpt:

Although the details of those arguments will be complex, as a legal scholar focused on Native American law I see the case addressing an essential question at the heart of our legal system: namely, how does federal law and judicial process protect the fundamental values and structure of the Constitution?