Author: Matthew L.M. Fletcher

Ann Tweedy on Tribal Gun Regulations

Matthew L.M. Fletcher

Ann Tweedy has posted “Tribes and Gun Regulation: Should Tribes Exercise Their Sovereign Rights to Enact Gun Bans or Stand-Your-Ground Laws?” on SSRN.

Here is the abstract:

This essay examines tribal laws relating to guns. It then discusses whether tribes whose values accord with either gun bans or stand-your-ground laws would be well-served to enact such a law law. It concludes that enforcement difficulties and related problems make both types of laws very costly and that tribes are likely to be best served by enacting more modest firearm regulations and/or protecting the right to bear arms (without expanding the right to self-defense). The essay also concludes that the risks tribes face in the area of firearms regulation in particular contravene Congress’ intent in enacting the Indian Civil Rights Act.

“The Unintended Consequences of Disenrollment”

Matthew L.M. Fletcher2 Comments

Here.

“Why Native Americans are concerned about potential exploitation of their DNA”

Matthew L.M. Fletcher

Here.

H/T Pechanga.

National Native American Bar Association Foundation Announces Inaugural Scholarship Awards

Matthew L.M. Fletcher

NNABA FOUNDATION ANNOUNCES SCHOLARSHIPS

PHOENIX—The National Native American Bar Association (NNABA) Foundation is pleased to announce an inaugural round of scholarships will be awarded in April 2015. This year the NNABA Foundation will award four (4) $2500 scholarships.

The NABA Foundation awards scholarships on a nationwide basis to current and incoming law students who demonstrate a commitment to serve or contribute to the Native American community as future leaders. These scholarships are made possible by donations from numerous corporations, law firms, bar associations, and individuals. The inaugural scholarships awarded in 2015 were made possible by the generous support of Walmart.

More information and a copy of the NNABA Foundation Scholarship application is available HERE. The deadline to apply for these scholarships is March 15, 2015.

“These scholarships will help to improve the pipeline of Native American lawyers and encourage more Native Americans to attend law school,” said Mary Smith, NNABA Foundation president. “The scholarships help achieve the NNABA Foundation’s goal of supporting the full inclusion of Native American attorneys in the legal profession.”

Seattle Human Rights Commission Release on Law Firms that will Boycott Washington Football Team

Matthew L.M. Fletcher

Law Firms Rally to Boycott Corporate Sponsors of the D.C. N.F.L. Team; the National Congress of American Indians Issues a Letter of Support

For information contact:

Ethel Branch

(206) 344-8100

ethel.billie@gmail.com

SEATTLE –The Seattle-based law firm of Kanji & Katzen PLLC has answered the call of the Seattle Human Rights Commission and has voted to boycott the D.C. N.F.L. team’s key corporate sponsors until the team’s name changes.  This includes ceasing use of FedEx in the firm’s two offices, and closing the firm’s accounts at Bank of America.  The firm specializes in litigation on behalf of Native Nations throughout Indian country in fields spanning treaty rights, sovereignty protection, taxation and regulation, land claims and land use, reservation boundaries, gaming and economic development, and environmental protection.

The move by Kanji & Katzen, announced last Monday, prompted other law firms to join the boycott.  By Friday, Kewenvoyouma Law, Skenandore Law, Galanda Broadman (also Seattle-based) and the Alaska office of Sonosky, Chambers, Sachse, Endreson & Perry, LLP had joined the boycott.  The boycott is also under review by the partners of a number of other law firms nationwide.

Meanwhile, on Thursday, the National Congress of American Indians, the oldest and largest representative organization of Native Nations in the United States, issued a letter of support for the Seattle Human Rights Commission’s Resolution No. 15-01 calling for the boycott among City of Seattle residents and businesses, as well as by the City of Seattle itself.

The Commission continues to urge the City, City businesses, and City residents to join the boycott and recently started a change.org petition for individuals to sign on to the boycott.  The “Boycott D.C. N.F.L. Team Sponsors until the Name is Changed” petition has garnered 69 signatures thus far.

Indian Affairs Budget Chapters

Matthew L.M. Fletcher

Here:

2016_Indian Affairs Budget Request

2016_Tribal_Nations Budget

Anadarko Petroleum Wins Indian (sorta) Tax Case in Utah SCT

Matthew L.M. Fletcher

Here is the opinion in Anadarko Petroleum Corp. v. Utah State Tax Commission:

Anadarko150130

An excerpt:

This is a tax case that comes before us on appeal from a formal decision of the Utah State Tax Commission (Commission). Utah law imposes a severance tax on owners of oil and gas interests. The tax rate an owner must pay depends on the fair market value of the owner‟s interest. The question presented in this case concerns how the value of such an interest is to be calculated. Petitioners Anadarko Petroleum Corporation and Kerr-McGee Oil & Gas Onshore L.P. (collectively Anadarko) argue that the Commission improperly disallowed deductions they made for tax-exempt federal, state, and Indian tribe royalty interests. Based on the plain meaning and structure of the severance tax statute, we agree and reverse the Commission‟s determination.

Federal Court Orders Exhaustion of Tribal Remedies in Claim against Western Sky-Related Lenders

Matthew L.M. Fletcher

Here are the materials in Brown v. Western Sky Financial LLC (M.D. N.C.):

92 Payday Financial Motion to Dismiss

94 Cashcall Omnibus Motion to Dismiss

97 Brown Response to Payday Financial

100 Brown Response to Omnibus Motion

102 Reply in Support of Omnibus Motion

103 Reply in Support of Payday Financial Motion

116 DCT Order on Exhaustion

An excerpt:

For the reasons described in detail in this Memorandum Opinion and in order to ensure that this matter is before the proper tribunal, this court finds most persuasive the cases holding tribal court exhaustion appropriate on the threshold issue of tribal court jurisdiction. Therefore, Defendants’ Motion to Dismiss for Lack of Personal Jurisdiction (Doc. 91) will be denied without prejudice pending the determination of tribal court jurisdiction. Defendants’ Omnibus Motion (Doc. 93) will be granted in part in light of this court dismissing current proceedings without prejudice pending tribal court exhaustion and denied in part in that this court will not compel arbitration at this time.

We posted on this case a while back here.

 

Grand Forks High School Eagle Feather Graduation Policy Decision

Matthew L.M. Fletcher

Here are the materials — a big win!

Eagle Feather Packet

Superintendent Nybladh Eagle Feather Decision