Author: Matthew L.M. Fletcher

Utah Law School VAP Announcement

Matthew L.M. Fletcher

The University of Utah – S.J. Quinney College of Law invites applications for the position of visiting assistant professor, for a two-year term beginning in academic year 2015-2016. Qualifications for the position include a record of excellence in academics, successful teaching experience or potential as a teacher, and strong scholarly distinction or promise.  Interested persons should submit an application to the Chair of Appointments, Andy Hessick, at andy.hessick@law.utah.edu.

The University of Utah is an Equal Opportunity/Affirmative Action employer and educator.  Minorities, women, and persons with disabilities are strongly encouraged to apply.  The University also affords a preference to qualified veterans upon request.  Reasonable accommodations provided.  For additional information: http://www.regulations.utah.edu/humanResources/5-106.html.

The University of Utah values candidates who have experience working in settings with students from diverse backgrounds and possess a strong commitment to improving access to higher education for historically underrepresented students.

Stanford’s Second Annual Native American Law Conference – February 7th

Matthew L.M. Fletcher1 Comment

Conference page here.

Breakfast                                                     9:30am-10:30am

Panel #1                                                     10:30am-12:00pm

(Constructing Judicial Systems)

Lunch & Cultural Event                              12:00pm-2:00pm

Panel #2                                                     2:15pm-3:45pm

(Environmental Human Rights in Indian Country)

Panel #3                                                     4:00pm-5:30pm

(Intellectual Property Law and Native Representation)

Reception                                                    5:30pm-7:00pm

 

Confirmed panelists include Cheryl Demmert Fairbanks (Cuddy & McCarthy); Stephanie Fryberg (University of Washington); Cynthia Gomez (State of California); Darcie Houck (Partner, Fredericks Peebles & Morgan); Adrienne Keene (Native Appropriations); Jessica Koski (Keweenaw Bay Indian Community); Gail Small (Native Action); Gerald Torres (Cornell Law); and Paula Yost (Dentons).

Federal Court Remands Choctaw Contract Dispute with its Insurer in Removal Action

Matthew L.M. Fletcher

Here are the materials in Choctaw Nation of Oklahoma v. Occidental Fire & Insurance Co. (E.D. Okla.):

15 Occidental Motion to Dismiss

17 Choctaw Motion to Remand

18 Choctaw Opposition to Motion to Dismiss

22 Occidental Reply

26 Occidental Opposition to Motion to Remand

28 Choctaw Reply

31 DCT Order

An excerpt:

Occidental characterizes the issue in this case as whether it may assert or waive the Nation’s sovereign immunity in connection with insurance coverage on a claim made on the policy. It has not been suggested that Congress provided authority for an insurer such as Occidental to abrogate, waive, or otherwise assert the sovereign immunity of an Indian nation through appropriate legislation. Consequently, the source of the waiver must be the Nation itself. The sole unequivocal statement of the relationship between the Nation and the insurers is the policy itself. Indeed, Occidental recognizes this fact by relying upon certain provisions within the policy to argue the Nation has specifically granted it a waiver or control over the assertion of sovereign immunity. The interpretation of the terms of the policy as a contract is governed exclusively by state law.

Who Won American Indian Law and Policy in 2014? Championship Round

Matthew L.M. Fletcher

The final is here.

#2 Tribal Sovereign Immunity v. #10 Tribal In-House Counsel Association

Immunity won with a narrow 54-46 percent margin over Alaska Native tribes. The big splash of the Supreme Court victory overwhelms the big news year for Alaska Native tribes.

The Tribal In-House Counsel Association wins easily over Justice Sotomayor. As Frank Pommersheim once said, the real practice of Indian law is in the trenches, as opposed to the high-stakes reality television of the Supreme Court. A perfect matchup for the final.

PLSI’s Heidi Nesbitt to be Honored by New Mexico Women’s Law Caucus

Matthew L.M. Fletcher

The Women’s Law Caucus is pleased to announce the 2015 Honorees of the Justice Mary Walters Award will be The Honorable Anne Kass and Heidi Nesbitt, Director of the Pre-Law Summer Institute (PLSI) and Assistant Director of the American Indian Law Center, Inc.

On February 27, 2015, the Justice Mary Walters Award Banquet will be held at the UNM School of Law, where they will honor both of these women for their distinguished careers and the lasting impact they have made in the New Mexico legal community.

3rd Annual Tribal Lands Conference @ University of Arizona

Matthew L.M. Fletcher1 Comment

The University of Arizona Native Peoples Technical Assistance Office/Indigenous Peoples Law & Policy Program is hosting its 3rd Annual Tribal Lands Conference, scheduled for January 26th and 27th, 2015.

Indian Probate Seminar 2015_Agenda

Ninth Circuit Materials in Arce v. Huppenthal (Arizona’s Ethnic Studies Ban)

Matthew L.M. Fletcher1 Comment

Here are the briefs:

Arizona Opening Brief

Plaintiffs Response Brief

Brief for Amici Curiae 48 Public School Teachers

Brief of Amicus Curiae Latina and Latino Critical Legal Theory, Inc.

Brief of Authors Rodolfo Acuña, Bill Bigelow, Richard Delgado, and Jean Stefancic as Amici Curiae

Brief of Chief Earl Warren Institute on Law and Social Policy

Brief of Freedom to Read Foundation

Brief of the National Education Association and Arizona Education Association as Amici Curiae

Brief Amicus Curiae of Pacific Legal Foundation in Support of Neither Party

Arizona Reply Brief

Oral argument video here.

News coverage here.

TT’s prior coverage here, here, and here.

Who Won American Indian Law and Policy in 2014? Final Four

Matthew L.M. Fletcher

It’s been a long strange trip but we’re down to the final four.

#1 Alaska Native tribes v. #2 Tribal Sovereign Immunity

Alaska Native tribes win again with 55 percent of the vote over Bay Mills Indian Community. The top overall seed defeated the Buena Vista Rancheria, the Omaha Tribe, and the Wisconsin Oneidas before facing Bay Mills.

Tribal sovereign immunity also advances with 74 percent of the vote over ICWA. Immunity knocked out alternative energy, American Indian education, and VAWA before taking out ICWA.

The matchup looks very similar for the Alaska tribal communities. In effect, Bay Mills gets a second chance at the prize, along with all the other tribes that have raised sovereign immunity this year. Westlaw says there are 16 tribal immunity cases from 2014 alone. Of course, there are 229 Alaska Native tribes.

#2 Justice Sotomayor v. #10 Tribal In-House Counsel Association

Justice Sotomayor wins out in the people bracket, narrowly eliminating Judge Humetewa with 54 percent of the vote. She eliminated the McAllen Grace Baptist Church, Frank Pommersheim, and the authors of Structuring Sovereignty before facing Judge Humetewa.

TICA is the big upstart in this inaugural tournament, winners of the groups bracket but the lowest seed remaining. Obviously, I underestimated their staggering power at the beginning. TICA squeaked by NABA and the Tribal Supreme Court Project before gathering steam and completely destroying the Carcieri challengers and the 1491s.

Hmm, this semifinal features one versus many, begging us to ask Spock’s stark question — do the needs of the many outweigh the needs of the few, or the one?

 

Lower Brule Tribal Govt Response to HRW Report

Matthew L.M. Fletcher5 Comments

LOWER BRULE SIOUX TRIBE

FOR IMMEDIATE RELEASE

CONTACT: Marshall Matz, mmatz@ofwlaw.com

THE LOWER BRULE SIOUX TRIBE CONDEMNS
HUMAN RIGHTS WATCH’S BIASED AND INACCURATE REPORT

Lower Brule, South Dakota

“The report of Human Rights Watch attacking the Lower Brule Sioux Tribe and its leaders is totally baseless and simply republishes misstatements of the past” said Lower Brule Sioux Tribal Chairman Mike Jandreau.

Human Rights Watch (HRW), an organization that claims to be “committed to maintaining high standards of accuracy and fairness” and maintaining high ethical standards, has released a remarkably inaccurate report that attacks Lower Brule Sioux .. The Bureau of Indian Affairs is constantly monitoring all Tribes under its trust responsibilities. In fact, Lower Brule has the lowest unemployment rate of any Tribe in South Dakota because of excellent and consistent Tribal management.
The Lower Brule Sioux Tribe condemns the biased, error-ridden, defamatory attack on the Lower Brule Sioux leadership, Lower Brule Sioux sovereignty, and the Lower Brule Sioux people.

Said Chairman Michael Jandreau: “This report is absolutely baseless. It’s shocking that any credible organization would put its name on it. It’s full of factual errors, misrepresentations, and outright falsehoods. We’re exploring our legal options.”

The factual errors run from the ignorant (“The Lower Brule Sioux Reservation . . . is among the smallest . . . in the United States.”) to irresponsible and reckless inaccuracies. The report infers falsely that the stability of the tribal government is due to corrupt elections even though the current tribal council has new members critical of the previous council. The report wrongly concludes that the development of private sector businesses for sustainable future income involves the use of tribal funds. The report denigrates the long-established independent tribal justice system without any evidence that the tribal government prohibits, inhibits or discriminates against critics from reasonable and equitable access. The Lower Brule Sioux Tribe has advocated and supported, through resolution, the United Nations Declaration on the Rights of Indigenous Peoples.

The report relies heavily on the false statements from political dissenters within the Tribe and treats the sovereignty of the Lower Brule Sioux Tribe as simply a “problematic” and inconvenient barrier to its preconceived conclusions.

The report claims that Lower Brule Sioux tribal members have no way to hold Lower Brule Sioux leaders accountable for their decisions as leaders. To these claims, Chairman Jandreau says: “The attack entirely ignores the fact that every two years the Lower Brule Sioux people decide through their votes in open elections who will serve as leaders of the Tribe. Our government is completely transparent and open to Members of the Tribe.”

The report ignores the fact that any Lower Brule Sioux tribal member could bring an action in Tribal Court if Lower Brule Sioux leaders did not provide information they are entitled to receive.

The inconsistent and contradictory Human Rights Watch report, on one hand, portrays an oppressive tribal government while acknowledging that the government holds fair and open elections at which critics of the incumbents are elected and seated. The report does not allege that freedom of speech is suppressed, or freedom of assembly, or that there is no recourse to tribal and federal courts, or that the tribal government uses physically oppressive tactics of any kind. In spite of its allegations, the report omits he illegal conduct of the three elected tribal council members upon whom the report relies for much of its information. These three individuals attempted to physically take over the tribal government on December 12, 2014. Their wholly illegal and outrageous actions were enjoined in tribal court. While these three dissident tribal council members failed, their actions succeeded in revealing their complete lack of commitment to the rule of law and the thinly veiled and inappropriate political agenda at the root of the Human Rights Watch report. The Human Rights Watch Report is political pamphleteering of the worst sort. ###

Wiggins, Williams & Wiggins (ABQ) Seeks Indian Law Attorney

Matthew L.M. Fletcher

The firm of Wiggins, Williams & Wiggins, P.C. is seeking a lawyer with up to five years of experience in general practice with an emphasis on civil litigation.  Applicants with a strong academic background are preferred.  The firm offers excellent benefits and a flexible work schedule.  Please send a resume, references and a writing sample to Celina Salazar, Firm Administrator, P.O. Box 1308, Albuquerque, New Mexico  87103-1308 or by email to csalazar@wwwlaw.us.  All inquiries will be kept confidential.