Author: Matthew L.M. Fletcher

Yale Native Study Group Overview of Dollar General v. Mississippi Choctaw Case

Matthew L.M. Fletcher

Here, “YGSNA Members Prepare Amicus Briefs for the U.S. Supreme Court, DOLLAR GENERAL CORP. vs. MISSISSIPPI BAND OF CHOCTAW INDIANS.” An excerpt:Shame on Dollar General

In 2000, the Dollar General Corporation entered into a series of agreements with the Mississippi Band Choctaw Indians to open a Dollar General store on the Tribe’s lands in Mississippi.  Numerous national chains and corporations maintain commercial establishments on tribal lands, leasing lands, facilities, and related commercial venues for their enterprises.  Such leases and agreements form contracts that are executed by both tribal and corporate attorneys.

Dollar General agreed not only to lease lands from the Tribe for its retail business but also to enter into the Tribe’s Youth Opportunity Program, which places tribal youth in working environments.  In Summer 2003, a 13-year-old entered this program and was placed within the Dollar General store under the supervision of a store manager who, the minor and his parents allege, sexually assaulted him.  Since the United States Supreme Court, in 1978, declared that Tribal Governments may no longer exercise their inherent criminal jurisdiction over Indians who commit crimes on tribal lands, the minor, his family, and the Tribe looked to the local U.S. Attorney’s Office for prosecution. The United States declined to proceed with a criminal complaint, and the minor and his parents then sued Dollar General and its employee in tribal court, seeking damages relating to the child’s injuries. The District Court and Mississippi Band of Choctaw Supreme Court both sided with the minor.

Effort to Stop Thirty Meter Telescope Project on Mauna Kea Fails

Matthew L.M. Fletcher

Here are the materials in Amsterdam v. State of Hawai’i (D. Haw.):

3 Motion for PI

22 Opposition

23-1 Motion to Dismiss

35 DCT Order

Washtenaw Circuit Judge Tim Connors Honored with Judicial Excellence Award

Matthew L.M. Fletcher

Here:

GRAND RAPIDS, MI, October 28, 2015 – The Michigan Judges Association has announced that Washtenaw County Circuit Court Judge Timothy P. Connors is the 2015 winner of the Hilda Gage Judicial Excellence Award. Judge Connors has served on the bench since 1991, serving as chief judge for more than a decade, and also serving by appointment as Judge Pro Tem for the Little Traverse Bay Bands of Odawa Indians.

“Judge Connors has led groundbreaking efforts to strengthen the juvenile court in Washtenaw County and he has been an instrumental collaborator in developing strong state-tribal court relations,” said Michigan Supreme Court Justice Bridget McCormack. “Because of his efforts, Washtenaw’s juvenile court system looks dramatically different in the six short months he has presided over this docket.”

“His impact on child welfare cases transcends the systemic reform efforts he has undertaken,” Justice McCormack said. “On each individual case, he carefully listens to each family’s story. According to the lawyers who regularly appear before him, no matter the result in the particular hearing or case, the parties all leave feeling that they have been heard. The community’s respect for the juvenile court has grown because of his approach.”

This award is named after the late Michigan Court of Appeals Judge Hilda Gage and recognizes Circuit and Court of Appeals judges who have excelled in trial and docket management, legal scholarship, and contributions to the profession and the community. The award honors current or former judges who serve their profession and their communities with integrity, skill, and courage every day.

A biography of Judge Connors is available here.

Fourth Circuit Rejects Challenge to Western Sky Arbitration Provision

Matthew L.M. Fletcher

Here is the opinion in Parnell v. CashCall Inc.

Materials and briefs here.

Seminole Tribe Good Faith Negotiations Complaint

Matthew L.M. Fletcher

Here is the complaint in Seminole Tribe of Florida v. State of Florida (N.D. Fla.):

1 Complaint

Second Circuit Affirms Dismissal of Shinnecock Land Claims

Matthew L.M. Fletcher2 Comments

Here are the materials in Shinnecock Indian Nation v. State of New York:

New York Brief

Shinnecock Opening Brief

Shinnecock Reply

Shinnecock v NY Opinion

National NALSA Announces 45th Anniversary and 2015 Executive Board

Matthew L.M. Fletcher

Here:

45th Anniversary and Board Announcement

More “Karluk Tribal Court”/”Karluk Supreme Court” Nonsense

Matthew L.M. Fletcher

Here are the materials in Remenar v. Office of Dana Scarp (D. D.C.), where the court dismissed a mandamus petition of a non-lawyer seeking admission to practice claiming to be licensed by the fake “Karluk Tribal Court” out of Washington state (not to be confused with the federally recognized Indian nation in Alaska):

Petition for Mandamus Relief

Judge Leon Opinion

And here are materials in Mr. Remenar’s criminal case in Texas:

State of Texas v. Remenar Removal Petition

Remand

We’ve posted materials on the people claiming to represent this fake tribal court and fake tribe here, here, here, here, here, and here.

Interior Solicitor (Tulsa Office) Job Posting

Matthew L.M. Fletcher

Here. From the description:

Represent the Secretary of the Interior in Oklahoma state court for approval proceedings of conveyances and leases of restricted Five Tribes lands; on probate issues involving restricted lands of deceased Five Tribes individuals and involving restricted lands and head right interests of Osage individuals; and on quiet title matters involving restricted Five Tribes lands.

Represent the Secretary on guardianship cases involving individual members of the Five Tribes and the Osage Nation. Review and make recommendations regarding Osage inter vivos trusts and hold hearings related to Osage wills and trusts.

Provide general legal assistance, such as research and writing legal opinions, reviewing legal documents and administrative records, and handling litigation before administrative bodies such as the Merit Systems Protection Board (MSPB), Equal Employment Opportunity Commission (EEOC), Interior Board of Indian Appeals (IBIA), Interior Board of Land Appeals (IBLA), Civilian Board of Contract Appeals (CBCA), and Oklahoma state boards, primarily to the Bureau of Indian Affairs on matters involving Indian law, realty and land title, environmental law, FOIA, contracts, employment law, tort claims and other matters as assigned.