Administrative Law Review Podcast on the Mashpee Wampanoag Tribe’s Federal Recognition Struggle

Here.

On today’s episode of A Hard Look, a Junior Staffer on ALR, Olivia Miller, joins host, Sarah Knarzer, and Professor Matthew Fletcher to discuss the tribal recognition process and the barriers it poses to tribes across the United States, and in particular the Mashpee Wampanoag tribe. Earlier this year, and in the middle of a surging coronavirus pandemic, the Bureau of Indian Affairs announced its intention to revoke the Mashpee Wampanoag’s land from its federal trust. This action is only a continuation of the Mashpee Wampanoag’s four hundred year struggle for tribal survival, dating back to the origins of the Thanksgiving myth.

Olivia and Professor Fletcher discuss Olivia’s comment, which she wrote as part of ALR’s comment writing process, to identify why the tribal recognition process is such a difficult, expensive, and frustrating administrative process for tribes who want and need to be federally recognized.

Federal Court Holds Tribal Employee Not Covered by Kickapoo Tribe’s Insurance Policy in Auto Accident

Here are the materials in Dinger v. Wishenko (N.D. Ill.):

1-1 Garnishment Petition

52 Amended Counterclaim

58 Insurance Co. Motion for Summary Judgment

70 Wishenko Response

70-2 Order re Partial Settlement of Claim

74 Wishenko Motion for Summary Judgment

88 Insurance Co. Response

91 Wishenko Reply in Support of 74

108 DCT Order

Materials in the related Federal Tort Claims Act case, Dinger v. United States (D. Kan.):

1 FTCA Claim [docket no. 70-1 in N.D. Ill. case]

9 US Motion to Dismiss

10 Opposition

14 Reply

16 DCT Order

D.C. Circuit Declines to Order Injunction on Construction of Border Wall to Stop Destruction of Sacred Sites over Dissent of Judge Millett

Here is the order in Manzanita Band of the Kumeyaay Nation v. Wolf:

Order on Motion for Stay Pending Appeal + Dissent

Briefs:

Opposition

Appellants Motion for Emergency Injunction

Lower court materials here.