Here are the materials in Saginaw Chippewa Indian Tribe v. Pearce (E.D. Mich.):
Author: Matthew L.M. Fletcher
Open Request for Information: Service Agreements between Tribes and Municipal Governments
Open Request for Information: Service Agreements between Tribes and Municipal Governments
Rebecca M. Webster, J.D., Ph.D., seeks copies of Service Agreements and Payment Formulas between tribes and municipal governments. She is expanding her research on the differing rates and factors tribes consider when negotiating payment for municipal government services on tribal trust land. Her previous research on service agreements for the Oneida Reservation in Wisconsin will be published this fall in American Indian Quarterly.
“There is little guidance for tribes and local governments to turn to when trying to determine how to adequately account for the services each government provides to the community,” Dr. Webster writes. “Many tribal governments throughout the United States struggle with developing and maintaining positive relationships with other governments that have overlapping boundaries.”
Dr. Webster hopes that, by sampling the rates and factors tribe use in negotiating service agreements around the country, she can synthesize data on best practices.
If you have copies of Service Agreements for your tribe, or know where they can be found, please contact my Research Assistant, Talbot Eckweiler via email: eckweile@msu.edu.
On Reconsideration, Federal Court Dismisses Indian Group’s Petition to Preserve Judge Cebull Emails
Here are the new materials in Four Directions v. Committee on Judicial Conduct and Disability of the Judicial Conference of the United States (N.D. Cal.):
83 DCT Order Granting Motion for Reconsideration
Prior materials here.
Update in Cayuga Nation v. Tanner
Here are more materials in the case captioned Cayuga Nation v. Tanner (N.D. N.Y.):
38 DCT Order Denying Unity Council Motion to Intervene
41 Plaintiffs Reply in Support of PI
42 Plaintiffs Response to Tanner Motion to Dismiss
50 DCT Order Dismissing Claims
52-1 Motion for Reconsideration
Apparently, the Halftown faction (the plaintiffs here) is continuing the fight for gaming, while the Unity Council group has been dismissed from the case. We posted materials on this case here.
Ninth Circuit Evaluates Contours of Migratory Bird Treaty Act in Criminal Appeal for Selling Eagle Fans
Here is the opinion in United States v. Crooked Arm.
From the court’s syllabus:
The panel affirmed in part and reversed in part the district court’s denial of a pretrial motion to dismiss for failure to state a felony claim an indictment charging two defendants with violating the Migratory Bird Treaty Act of 1918, vacated the sentences, and remanded.
The defendants argued that the counts to which they conditionally pled guilty were improperly charged as felonies because it is only a misdemeanor under the MBTA to sell
migratory bird feathers.The panel held that even under the defendants’ interpretation of the MBTA, Count I, which charges a conspiracy to kill, transport, and offer for sale and sell migratory birds, including bald and golden eagles, charges a felony.
The panel held that in regard to Count II, which charges unlawful trafficking in migratory bird parts, the allegations state a misdemeanor only.
Federal Court Declines to Dismiss California v. Iipay Nation
Here are the materials in State of California v. Iipay Nation of Santa Ysabel (S.D. Cal.):
15-1 Iipay Nation Motion to Dismiss
24 DCT Order Denying Motion to Dismiss
TRO stage materials are here.
SCOTUS Holds Dollar General v. Mississippi Choctaw
Here is today’s order list.
The Dollar General v. Mississippi Band of Choctaw Indians cert petition was scheduled for the Court’s Conference last Friday. The Court took no action on the petition. That could mean many things or nothing. It could mean the Court is taking one last look before granting the petition. It could mean the Court is looking at denying the petition but one or more Justices has asked the rest of the Court to wait, or for time to write a dissent on the denial of the cert petition. The fact that the United States has recommended a denial strongly weighs against a grant, but the fact that the Court did not immediately denies cert somewhat mitigates the government’s position. We’ll see in next week or the coming weeks.
The cert stage briefs can be accessed here.
Iowa Legislature Passes Resolution Requesting Congress to Repeal 1948 Statute Authorizing Iowa to Assert Jurisdiction over Meskwaki Settlement
Tribal Immunity Does Not Block Third Party Subpoena in Ongoing Grand Canyon Skywalk Development Disputes
Here are the materials in Grand Canyon Skywalk Development v. Cieslak (D. Nev.) & Grand Canyon Skywalk Development v. Steele (D. Ariz.):
1 Motion to Quash in 15-663 D. Ariz.
NLRB Declines Jurisdiction over Chickasaw Nation Casino Due to Interference with Treaty Rights
Here is the board’s decision:
An excerpt:
At issue in this case is whether an Indian tribe, the Chickasaw Nation, in its capacity as operator of the WinStar World Casino, is subject to the Board’s jurisdiction and, if so, whether it violated Section 8(a)(1) of the National Labor Relations Act by informing casino employees that because of the Nation’s tribal sovereignty, they did not have the protection of the Act. Applying the test established by the Board in San Manuel Indian Bingo & Casino, 341 NLRB 1055 (2004), enfd. 475 F.3d 1306 (D.C. Cir. 2007), we find that application of the Act would abrogate treaty rights, specific to the Nation, contained in the 1830 Treaty of Dancing Rabbit Creek. As a result, we decline to assert jurisdiction over the Nation, the Respondent here.
Materials here:
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