Author: Matthew L.M. Fletcher

Ninth Circuit Rules in Favor of Lummi Tribe in Treaty Fishing Dispute

Matthew L.M. Fletcher1 Comment

Here is the court’s opinion in United States (Lower Elwha Klallam Indian Tribe) v. Lummi Tribe:

CA9 Opinion

The court’s syllabus:

The panel reversed the district court’s summary judgment entered in favor of the Klallam Tribe in a case involving a fishing territory dispute between two sets of Indian Tribes, brought pursuant to the continuing jurisdiction of the 1974 “Boldt Decree” issued by the U.S. District Court for the Western District of Washington.

The panel held that the issue of whether the waters immediately to the west of northern Whidbey Island were part of the Lummi Tribe’s usual and accustomed fishing grounds had not yet been determined. The panel held, therefore, that the district court erred in concluding that the issue was controlled by law of the case. The panel remanded to the district court for further proceedings.

Judge Rawlinson dissented because she would hold that the district court properly applied the law of the case doctrine where the fishing rights issue was addressed in the prior opinion United States v. Lummi Indian Tribe, 235 F.3d 443 (9th Cir. 2000).

Briefs and other materials here.

NSF funds pilot project aimed at increasing the number of American Indians and Alaska Natives faculty members

Matthew L.M. Fletcher

Here. An excerpt:

The National Science Foundation (NSF) is funding a new pilot project designed to increase the representation of American Indian and Alaska Natives in tenure track positions.

This pilot project will provide varied types of supportive resources to a select group of American Indian and Alaska Native students who are studying science, technology, engineering or mathematics (STEM) at U.S. colleges and universities. These resources will provide participating students with motivating encouragement, practical skills and intellectual experiences that will help compel them to stay in their chosen STEM field–so that they will earn the necessary academic credentials to land tenure track positions at U.S. colleges and universities.

NSF is awarding $1.5 million over five years to the American Indian Science and Engineering Society (AISES) to implement the pilot program, which is called “Lighting the Pathway to Faculty Careers for Natives in STEM.”

Wisconsin State Bar 3rd Annual Indian Law CLE

Matthew L.M. Fletcher

Registration here. Agenda here:

8:10 a.m. – 9:30 a.m.
Case Law and Legislative Update including Featured Discussion of the SCOTUS Bay Mills Decision

Colette Routel, William Mitchell College of Law
Tom Springer, Whyte Hirschboeck Dudek S.C.

9:30 a.m. – 10:50 a.m.
Intellectual Property Rights in Indian Country

Lenor Scheffler, Best and Flanagan
David Zubke, Best and Flanagan
Samantha Greendeer-Skenandore, Skenandore Law

10:50 a.m. – 11:00 a.m.
BREAK

11:00 a.m. – 12:20 p.m.
The Role of a Guardian ad Litem in a WICWA Case

Judge Butts, Cheboygan County, Michigan District Court
Paul Stenzel, Stenzel Law Office
Prof. Mary Jo Hunter, Hamline University School of Law
Mike Vruno, Legal Aid Society of Milwaukee

12:20 p.m. – 1:20 p.m.
Lunch sponsored by Whyte Hirschboeck Dudek S.C.

1:20 p.m. – 2:30 p.m.
Drug Endangered Children in Indian Country

Cindy Giese, Wisconsin Department of Justice
Courtney Allensworth, Lac Courte Oreilles Band of Lake Superior Chippewa

2:30 p.m. – 3:40 p.m.
Natural Resource Development in Indian Country

Professor Larry Nesper, University of Wisconsin
Erick Arnold, Bad River Band of Lake Superior Chippewa
Atty. Jennifer H. Weddle, Greenberg Traurig

3:40 p.m. – 3:50 p.m.
BREAK

3:50 p.m. – 4:50 p.m.
Ethics for Attorneys Working in Indian Country
Professor Wenona Singel, Michigan State University College of Law

4:50 p.m. – 5:00 p.m.
Closing

Forest County Potawatomi Seeks Environmental Lawyer

Matthew L.M. Fletcher

The Forest County Potawatomi Community’s Attorney General Office in Milwaukee, Wisconsin, is seeking an experienced environmental attorney with eight or more years of relevant experience. Candidates should possess a broad range of experience in tribal, federal and state environmental laws, as well as experience in energy-related projects.

Qualified candidates must be licensed or eligible for licensure in Wisconsin.

Interested candidates should send a cover letter and résumé to Deputy Attorney General Jo Swamp via U.S. Mail (Forest County Potawatomi Community, 313 North 13th Street, Milwaukee, WI 53233) or E-Mail (jo.swamp@fcpotawatomi-nsn.gov).

North Carolia COA Decides Matter on Applicability of ICWA

Matthew L.M. Fletcher1 Comment

Here is the opinion in In re H.S.:

NC App Opinion

An excerpt:

DSS sent a standard letter of notice to the Bureau of Indian Affairs (BIA) and did not receive a response. The juveniles’ guardian ad litem met with respondent father who stated that he was not Native American, and respondent mother who stated that she was part Cherokee. He met with the juveniles’ maternal grandmother who stated that she and her family were associated with the Eastern Band of Cherokee Indians. The guardian ad litem gave the Eastern Band of Cherokee Indians’ enrollment office the names of the  juveniles’ parents, maternal grandparents, and maternal great grandparents. None of them
were enrolled members.

Al Jazeera: “Alaska ballots fraught with issues for Yup’ik speakers”

Matthew L.M. Fletcher

Here.

NYTs Article on German Museums and American Indian Scalps

Matthew L.M. Fletcher

Here.

California COA Affirms Tribal Immunity from Casino Employees’ Suit

Matthew L.M. Fletcher1 Comment

Here is the opinion in Chavez v. Morongo Casino Resort & Spa:

Opinion

Minnesota COA Affirms TRO against Western Sky; Rejects Immunity Defense

Matthew L.M. Fletcher1 Comment

Here is the opinion in State ex rel. Swanson v. CashCall Inc.:

Minn COA Unpublished Opinion

An excerpt:

Respondent State of Minnesota brought a consumer-enforcement action against appellants CashCall, Inc., and WS Funding, LLC, in July 2013, alleging that appellants are using a third company, Western Sky Financial, LLC, as a front to make usurious loans to Minnesota consumers. The state moved for a temporary injunction, and appellants moved to dismiss the state’s complaint pursuant to Minnesota Rule of Civil Procedure 12.02(e). The district court granted the temporary injunction and denied the dismissal motion. Appellants challenged both rulings in these consolidated appeals. Because the district court did not err by denying the dismissal motion and did not abuse its discretion by granting the temporary injunction, we affirm.