Matthew L.M. Fletcher

An excerpt:

The report of the all-volunteer, bi-partisan commission, “A Roadmap for Making Native America Safer,” highlights Alaska’s violent crime epidemic. This includes a domestic violence rate 10 times the national average and sexual assault rates 12 times higher. It’s a crisis in the Bush, but also in Anchorage and other cities where families flee when village life becomes unbearable. Where criminals keep victimizing women and children because they were never held accountable for their crimes back home.

Randall Akee: “The press for Native Hawaiian federal recognition is presumptuous”

June 23, 2014Matthew L.M. Fletcher

From the Hawaii Independent. A response to this news.

An excerpt:

In moving forward, what should be done? The process for Federal recognition was a knee-jerk reaction to the Rice v. Cayetano decision. Surely there are other legal strategies and plans that the Office of Hawaiian Affairs and State officials can undertake to protect the OHA trust assets and Native Hawaiian entitlement programs. In the 14 years since the decision, the trust and programs have survived without a serious attack. It should be noted that political winds change all the time and there is no absolute certainty with Federal recognition either. For instance, during the 1940s, 1950s and 1960s the US Federal government’s policy was to terminate the legal and political existence of some Federally recognized American Indian tribes in California, Oregon and a number of other US States. During the Civil Rights era of the 1960s and 1970s, the US Federal government made a significant change in that policy and worked to empower tribal governments. However, it is impossible to guarantee that future US Federal policies will not shift back in that direction again.

538 on Impact of Washington Football Team Trademark Decision on National Electoral Politics

June 20, 2014Matthew L.M. Fletcher

In short, virtually none.

Here.

New Scholarship on Employment Preferences and Statutory Exemptions for Alaska Native Corporations

June 20, 2014June 26, 2014Matthew L.M. Fletcher2 Comments

Gregory S. Fisher & Erin “Faith” Rose have published “Selling Ice in Alaska: Employment Preferences and Statutory Exemptions for Alaska Native Corporations 40 Years After ANCSA” in the Alaska Law Review.

Here is the abstract:

In 1971, Congress enacted the Alaska Native Claims Settlement Act (ANCSA) in order to settle land disputes between Alaska Natives and the federal government. ANCSA established Alaska Native Corporations (ANCs), which were tasked with managing settlement funds to provide for the health, education, and economic welfare of Alaska Natives. To enable the ANCs to promote the interests of their shareholders, Congress exempted ANCs from certain employment restrictions contained in Title VII of the Civil Rights Act, but did not exempt ANCs from other worker-protective legislation. In subsequent decades, courts reviewing the preferential practices of ANCs have often construed these statutory exemptions narrowly, thus exposing ANCs to liability under various anti-discrimination statutes. This Article argues that Congress never intended to subject ANCs to these pieces of worker-protective legislation, despite court holdings to the contrary. The Article proposes two possible solutions to this discrepancy: (1) congressional amendment of ANCSA to clarify and further limit the extent of ANC liability; and (2) judicial adoption of a two-part test which would consider employment policies giving preference to Alaska Native shareholders in light of Congress’s intent to protect such preferences.

Godfrey & Kahn Environmental/Energy/Indian Law Associate Posting

June 19, 2014Matthew L.M. Fletcher

GODFREY & KAHN SEEKS ENVIRONMENTAL/ENERGY/INDIAN LAW ASSOCIATE

Godfrey & Kahn, S.C., a general business practice firm with over 180 attorneys, is seeking an associate to work with the firm’s environmental/energy and Indian Nations law teams.

Strong academic credentials and an interest in environmental and sustainable energy solutions, as well as federal Indian law and tribal law, is required. Indian country experience preferred, but not required.

Most importantly, we are looking for individuals that are detail-oriented with strong business acumen and analytical and communication skills who will fit in with our team-oriented culture.

We offer an excellent benefit package, competitive compensation commensurate with experience and reasonable billable hour expectations. Please visit www.gklaw.com to apply.

Federal Court Issues TRO in Paskenta Leadership Dispute to Prevent Disturbance of Gaming Operations

June 19, 2014Matthew L.M. Fletcher3 Comments

Here are the updated materials in State of California v. Paskenta Band of Nomlaki Indians (E.D. Cal.):

8 Response to Motion for TRO

12 Supplemental Authority

13 Supplemental Authority

14 Supplemental Authority

18 DCT Order Granting TRO

An excerpt:

Based upon the forgoing findings of fact and conclusions of law, and good cause appearing, it is hereby ordered that the State’s motion for a temporary restraining order is GRANTED without requiring the State to post security, and that the Tribe, and all of its officers, agents, servants, employees and attorneys and all persons acting under the Tribe’s direction and control, including both factions or groups currently claiming to constitute the tribal government, are hereby ENJOINED AND RESTRAINED from:

1. Attempting to disturb, modify or otherwise change the circumstances currently in effect with respect to operation of the Rolling Hills Casino in Corning, California.

2. Deploying any armed personnel of any nature within 100 yards from the Casino, the property on which the Casino is located, and tribal properties surrounding the Casino including the nearby hotels, gas station, and RV park (collectively, Tribal Properties).

3. Possessing, carrying, displaying, or otherwise having firearms on the Tribal Properties. This order will remain in effect until 6 p.m. on July 2, 2014 unless modified by the court before then, or extended by the court to continue in effect thereafter. FED. R. CIV. P. 65(b)(2).

At the preliminary injunction hearing on June 30, 2014, the court will entertain further argument regarding whether the court should enter a broader injunction preventing any class III gaming activity on Paskenta lands. 25 U.S.C. § 2710(d)(7)(A)(ii). Any supplemental briefing advancing this position must be filed by June 23, and any opposition briefing by June 27; no brief shall exceed 20 pages.