Author: Matthew L.M. Fletcher

Elizabeth Reese on the Cooley Argument [SCOTUSBlog]

Matthew L.M. Fletcher

Here.

Federal Court Dismisses Remaining Comanche Claims against US over Chickasaw Casino

Matthew L.M. Fletcher

Here are the materials in Comanche Nation of Oklahoma v. de la Vega [formerly Zinke, then Bernhardt, and now should be Haaland] (W.D. Okla.):

106-1 Second Amended Complaint

113 Motion to Dismiss

120 Response

123 Reply

124 DCT Order

Prior posts here, here, and here.

FBI Releases Data on Missing Indigenous Persons

Matthew L.M. Fletcher

Here.

Federal Court Dismisses Prisoner Suit Seeking CARES Act Money from Kiowa Tribe

Matthew L.M. Fletcher

Here are the materials in Strange v. Kiowa Tribe (W.D. Okla.):

1 Complaint

12 Magistrate Report

15 DCT Order

Ninth Circuit Says Quiet Part Loud: Open Carry Laws Originated to Kill Indians and Slaves

Matthew L.M. Fletcher

Here is the opinion in Young v. State of Hawaii. An excerpt:

Some colonies’ issuance of carry requirements—especially to church, public gatherings, and other travel—reflects “adaptation to the realities of colonial life, especially [considering] the ongoing hostile relationship with Native Americans.” Cornell, 80 Law & Contemp. Probs. at 28. In addition to tense relations with Native Americans, southern colonies also feared the possibility of slave uprisings. Id

page 60, note 16.

Maine SCT Orders Exhaustion of Tribal Court Remedies in Land Dispute [Passamaquoddy]

Matthew L.M. Fletcher

Here is the opinion in Moyant v. Petit:

21me013

Tribal briefs from the trial court:

Tribe Motion to Dismiss

Tribe Opposition to PI Motion

United States v. Cooley Oral Argument

Matthew L.M. Fletcher

Here.

Background materials here.

Elizabeth Reese’s preview of the case “Tribal police drag messy Indian sovereignty cases back to the court.”

Update: Transcript.

Cross-Motions for Summary Judgment Motions in Native Village of Eklutna Bingo Case

Matthew L.M. Fletcher

Here are the briefs in Native Village of Eklutna v. Dept. of Interior (D.D.C.):

51-1 Eklutna Motion for Summary J

54 Federal Opposition

58 Alaska Response

61 Reply

64 Federal Reply

65 State Reply

Complaint posted here.

DOI Solicitor Withdraws Opinion on Missouri Riverbed Ownership

Matthew L.M. Fletcher

Here is the letter withdrawing M-37056:

Solicitor Withdrawal of M-37056

Prior post here.

ACS DC: Sovereignty and Status Series: Tribal Nations Today — March 25, 2021

Matthew L.M. Fletcher

Here (register here):

Tribal nations, and the inherent sovereignty they exercise, predate the U.S. Constitution. Although the Constitution discusses “Indians not taxed” and the power of Congress to regulate commerce with “Indian tribes,” it mostly recognizes the otherness of tribal sovereignty. Tribal nations have tirelessly fought to protect their sovereignty against encroachments of federal and state law in the form of both legislation and common law. 

Join the ACS DC, Austin, and Los Angeles Lawyer Chapters, the Asian Pacific American Bar Association, and the Native American Bar Association of Washington, D.C. for a discussion that will focus on tribal sovereignty and how tribal nations interact with the federal and state governments. We hope to discuss the historical context, legal theory, and real world application of tribal sovereignty and the challenges that tribal nations face today. To help guide the discussion we are joined by a tribal leader, a leading Indian law scholar, and a general counsel of a tribal consortium. 

Featuring:

Matthew Fletcher, Professor, Michigan State University College of Law

Leonard Forsman, Chairman, Suquamish Tribe

Natasha Singh, General Counsel, Tanana Chiefs Conference 

Moderated by:

Josh Clause, Principal, Clause Law P.L.L.C.