Author: Matthew L.M. Fletcher

WaPo Article on Indian Country Juvenile Justice

Matthew L.M. Fletcher

Here is “From Broken Homes to a Broken System.“

Ned Blackhawk in the NYTs on the Sand Creek Massacre

Matthew L.M. Fletcher

Here is “Remember the Sand Creek Massacre.“

Fredericks Peebles Seeking Transactional and Governmental Attorney

Matthew L.M. Fletcher

Here (PDF):

Transactional and Tribal Government Attorney

Join our growing Firm……….                                                                                                                                         Fredericks Peebles & Morgan LLP is a nationwide law firm dedicated to the representation of American Indian tribes and organizations. We represent tribes and tribal entities in a wide spectrum of services including business transactions, litigation and governmental affairs, in many forums, including state, federal and tribal courts. FPM is seeking an Associate Attorney for the Omaha, Nebraska office.

 

Responsibilities will include:

  • Tribal corporate law and tribal government work.
  • Experience regarding Economic Development, Business Law, and Corporate law.
  • Experience regarding tribal gaming and gaming regulations.

Requirements include:

  • Juris Doctorate degree from an ABA accredited law school.
  • Status as an active member in good standing of the bar in at least one state jurisdiction and willing to obtain licensure in Nebraska.
  • Minimum of 3 – 5 years’ experience as an Associate Attorney
  • Must have Indian law experience and experience working with tribes/tribal business/organizations
  • Excellent analytical, research and writing abilities
  • Proven communication skills including verbal, written and listening skills; Superior interpersonal skills; Proven record of maintaining a positive attitude
  • Organized; Detailed; Flexible; Accurate; Reliable and Dependable
  • Ability and willingness to do whatever it takes to meet tight and unexpected deadlines; Work well independently and as a team in a fast paced environment

Your contributions are rewarded with a “Total Compensation” Package including a competitive salary, bonus potential and excellent Firm paid benefits.

Send your resume, cover letter with salary requirements, writing example, law school transcript (if graduated from law school less than 5 years ago) to:

Ann Hacker, Director of Human Resources                           ahacker@ndnlaw.com

3610 N 163rd Plaza

Omaha, NE 68116

Position is open until January 12, 2015

New York Court of Appeals Finds Seneca-Owned Company Not Cloaked with Tribal Immunity

Matthew L.M. Fletcher1 Comment

Here is the opinion in Sue/Perior Concrete and Paving v. Lewiston Golf Course Corp.

An excerpt:

Defendant Lewiston Golf Course Corporation (Lewiston Golf) is an indirect, wholly owned subsidiary of the Seneca Nation of Indians, a federally recognized Indian tribe. We are asked to decide whether that corporation is protected from suit by the Seneca Nation’s sovereign immunity. Applying the factors set out in Matter of Ransom v St. Regis Mohawk Educ. & Community Fund (86 NY2d 553 [1995]), we hold that it is not.

Briefs and other materials here:

A102214-196-Oral-Argument-Transcript

ASuePeriorConcretevLewiston-amic-SenecaNation-amicbrf

ASuePeriorvLewiston-app-Lewiston-brf

ASuePeriorvLewiston-app-Lewiston-Rec

ASuePeriorvLewiston-app-Lewiston-replybrf

ASuePeriorvLewiston-res-SuePerior-brf

ASuePeriorvLewiston-res-SuePerior-BrfRspAmic

Lower court materials here. My commentary on the appellate division’s reasoning applies here as well.

Ninth Circuit Briefs and Oral Argument Audio in EXC Inc. v. Jensen

Matthew L.M. Fletcher1 Comment

Here is the oral argument audio.

Here are the briefs:

Opening Brief

Navajo Nation Amicus Brief

NCAI Amicus Brief

EXC Answer Brief

Jensen Reply

Lower court materials here.

National NALSA is Recruiting Judges for the 2015 Moot Court Competition

Matthew L.M. Fletcher

Here is the recruitment letter:

Letter to Recruit Juges for Moot Court

UPDATE — Also an email from the NNALSA board:

Greetings Friends and Colleagues,

The NALSA Chapter at the University of Arizona College of Law was chosen to host the 2015 National NALSA Moot Court Competition in Tucson, AZ on March 6-7, 2015.

 

The competition is expected to draw roughly 50-60 teams from law schools across the country. As both the President of the UofA NALSA Chapter and the Vice-President of National NALSA, I’m tasked with organizing and planning this competition. I am seeking attorneys from both inside and outside the Arizona legal community to serve as either brief judges or oral argument judges. Attached is a letter from me detailing the tasks of a brief and oral argument judge and a form is included for those interested in participating.

 

Please consider participating in the National NALSA Moot court competition. For more information on the competition (the moot court problem), see:

http://www.law.arizona.edu/iplp/moot_court/

 

The problem centers on Indian law, particularly a tribe’s civil jurisdiction. Please note that you don’t need a background in Indian law to judge because we, the host school, will provide a bench brief that will explain the issues, provide the relevant law, and provide arguments for both sides. This is a great opportunity to watch and help law students hone their advocacy and legal writing skills.

 

Eleventh Circuit Briefs and Updated Materials in IRS Subpoena Controversy with Miccosukee

Matthew L.M. Fletcher1 Comment

Here are the appellate materials in United States v. Billie:

Miccosukee Opening Brief

US Appellee Brief

Billie Reply

District court materials:

19 Miccosukee Response to Summons

21 US Reply

26 DCT Order Enforcing Subpoena

31 Miccosukee Motion to Stay

33 US Response

34 DCT Order Denying Motion for Stay

35 US Motion for Contempt 36 DCT Order Denying Motion

38 US Second Motion for Contempt

Federal Govt. Sues Osage Wind over Wind Energy Turbine Excavations

Matthew L.M. Fletcher3 Comments

Here is the complaint in United States v. Osage Wind LLC (N.D. Okla.):

2 Complaint

An excerpt:

In this civil action, the United States seeks a preliminary and a permanent injunction and a declaratory judgment that the ongoing excavation activities of Osage Wind, LLC, Enel Kansas, LLC, and Enel Green Power North America, Inc. (collectively “Defendants”) in Osage County, Oklahoma, are unlawful and must be suspended until Defendants have obtained all requisite federal regulatory approvals and have entered into appropriate leases approved by the Secretary of the Interior (“the Secretary”).

Habeas Petition Filed at Nez Perce

Matthew L.M. Fletcher1 Comment

Here are the materials in Cunningham v. Carlin (Nez Perce Tribal Court):

Cunningham Habeas Petition

Cunningham Habeas Affidavits and Exhibits Set 1

Cunningham Habeas Exhibits Set 2

Cunningham Habeas Exhibits Set 3

Audio files are available, too — contact Quanah Spencer quanah@qspencerlaw.com.