Author: Matthew L.M. Fletcher

MSU Law Alum (Erin Oliver) Named to Indiana Native American Indian Affairs Commission

Matthew L.M. Fletcher1 Comment

Congrats to Erin!!!!

Here:

Native American Indian Affairs Commission

  1. John Warren (St. Joseph County), appointed to serve a four-year term through July 31, 2018.  Mr. Warren will also serve as Chairman.
  2. John Boyd (Hamilton County), appointed to serve a four-year term through July 31, 2018
  3. Nathan Underwood (Floyd County), appointed to serve a four-year term through July 31, 2018
  4. Shannon-Marie Turner (Morgan County), appointed to serve a four-year term through July 31, 2018
  5. Erin Oliver (Tippecanoe County), appointed to serve a four-year term through July 31, 2018
  6. Kenneth Eagle (Starke County), appointed to serve a four-year term through July 31, 2018
  7. Tracy Locke (Tippecanoe County), appointed to serve a four-year term through July 31, 2018
  8. Catherine “Katie” Morris (Dearborn County), appointed to serve a four-year term through July 31, 2018

12th Annual Northwest Gaming Law Summit

Matthew L.M. Fletcher

Here:

12th Annual Northwest Gaming Law Summit Brochure

Seattle Law School Symposium: “The Future of Trust Administration” — October 3, 2014

Matthew L.M. Fletcher1 Comment

Here is the conference website.

Agenda here. Blurb:

We are witnessing a convergence of several factors that could substantially alter the course of future trust administration. Tribal leaders and resource managers are gaining recognition, respect, access to capital, and political clout. The Secretarial Commission on Trust Administration and Reform issued its report and recommendations in December, 2013. The fiscal challenges confronting the federal government have already dramatically altered workforces and budgets for domestic discretionary programs, which includes the programs charged with carrying out the trust responsibility. External forces beyond the boundaries of Indian Country continue to adversely affect the environment and threaten the ability of tribes to access and utilize resources that are vital to sustaining their cultures and economies. The opportunity to significantly improve the benefits that tribal communities can gain from sound management of their natural resource heritage is fleeting. The time is ripe for creative, thoughtful exploration of alternative futures for trust administration and resource stewardship.

The Symposium will facilitate multi-party dialogue regarding alternative futures for trust administration with the goal of developing actionable recommendations as well as providing the basis for new scholarship to support the recommendations.

Lots of Indian law rockstars here!

Federal Court Affirms that Tribal Cops Working under BIA Contract May Be Federal Officers for Certain Purposes (Updated)

Matthew L.M. Fletcher1 Comment

Here are the materials in United States v. Janis (D. S.D.):

27 Motion to Dismiss

30 US Response

43 DCT Order

Update (9/4/14):

61 Janis Motion for Reconsideration

79 DCT Order Denying Motion for Reconsideration

Federal Court Affirms Arbitration Provision in Tribal Payday Lending But Won’t Order Arbitration Outside of Federal District

Matthew L.M. Fletcher

Here are the materials in Achey v. BMO Harris Bank (N.D. Ill.):

15 Bank Motion to Transfer Case

29 Bank Motion to Compel Arbitration

33 Bank Motion to Dismiss

39 Response to Motion to Transfer

40 Response to Motion to Compel Arbitration

41 Response to Motion to Dismiss

60 DCT Order

Eleventh Circuit Rules in Favor of Seminole Tribe in Title VII Matter

Matthew L.M. Fletcher

Here is the unpublished opinion in Mastro v. Seminole Tribe:

Mastro v Seminole

Briefs here.

Hopi Seeks Pro Tem Judge

Matthew L.M. Fletcher

Here. And here.

Fifth Circuit Holds Eagle Act Regulations May Violate RFRA

Matthew L.M. Fletcher1 Comment

Here is the opinion.

An excerpt:

Appellants filed suit against the Department of the Interior (the
“Department”) seeking a declaration of rights that the Department’s enforcement of the Migratory Bird Treaty Act (the “MBTA”) and the Bald and Golden Eagle Protection Act (the “Eagle Protection Act”) violates the Free Exercise Clause of the First Amendment and the Religious Freedom Restoration Act (“RFRA”) because it prohibits American Indians who are not members of federally recognized tribes from possessing bald and golden eagle feathers. The district court granted the Department’s motion for summary judgment, finding that the Department’s implementation of the Eagle Protection Act was narrowly tailored to a compelling governmental interest. Because we find that the Department did not provide sufficient evidence that the policy of limiting permits for the possession of eagle feathers to members of federally recognized tribes survives the scrutiny required by RFRA, we REVERSE the district court’s grant of summary judgment and REMAND for proceedings consistent with this opinion.

Briefs here.

Mark Chavaree Op/Ed on Penobscot River Suit

Matthew L.M. Fletcher

Here is “Penobscot Nation suing Maine to fight for namesake river.”

Mark Chavaree is a member of the Penobscot Nation and serves as the tribe’s General Counsel. He grew up on Indian Island and resides there with his family.

Navajo SCT Rules that Navajo Courts Retain Jurisdiction over Navajo Children Residing Off-Reservation

Matthew L.M. Fletcher

Here is the opinion in Nouri v. Crownpoint Family Court. The court’s syllabus:

The Supreme Court issues its Opinion and Order Denying Writ of Prohibition regarding competing child custody actions filed by parents in Navajo and state courts. Jurisdiction of the Navajo court over the child was challenged because the child who formerly resided in Fort Defiance now resides with her mother in Albuquerque. The Court affirms that the Nation has jurisdiction over Navajo children wherever they may reside, which arises from inherent sovereignty as acknowledged at 7 N.N.C. 253(B). The Court further affirms that the Álchíní Bi Beehaz’áannii Act is not the basis for jurisdiction over privately filed family actions in which parents are legally capable of making decisions for their children.