Author: Matthew L.M. Fletcher

New Scholarship from Michalyn Steele on Indigenous Resilience

Matthew L.M. Fletcher

Here, from SSRN:

Indigenous Resilience

Arizona Law Review (Forthcoming), BYU Law Research Paper No. 19-08

Cultivating Professional Identity and Resilience Through the Study of Federal Indian Law

2018 Brigham Young University Law Review 1429, BYU Law Research Paper No. 19-07

Buchwald Capital Advisors LLC v. Sault Ste. Marie Tribe of Chippewa Indians Cert Petition [Bankruptcy Code + Sovereign Immunity]

Matthew L.M. Fletcher

Here:

buchwald cert petition

Question presented:

Whether the Bankruptcy Code abrogates the sovereign immunity of Indian tribes.

Lower court materials here.

Ninth Circuit Holds Exclusionary Rule Applies to Evidence Obtained in Violation of ICRA’s Fourth Amendment Counterpart

Matthew L.M. Fletcher

Here is the opinion in United States v. Cooley.

Briefs here.

Ninth Circuit Decides Chemehuevi Tribe v. Newsom [gaming compact dispute]

Matthew L.M. Fletcher

Here is the opinion.

Briefs here.

NYTs: “Overlooked No More: Elizabeth Peratrovich, Rights Advocate for Alaskan Natives”

Matthew L.M. Fletcher

Here.

National Indian Law Library Bulletin (3/20/2019)

Matthew L.M. Fletcher

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 3/20/19.

U.S. Supreme Court Bulletin 
http://www.narf.org/nill/bulletins/sct/2018-2019update.html
This case was decided on 3/19/19: 
Washington State Department of Licensing v. Cougar Den (State Fuel Taxation) 

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
Texas v. Alabama-Coushatta Tribe of Texas  (Indian Gaming)
Knighton v. Cedarville Rancheria of Northern Paiute Indians (Jurisdiction)
Frank’s Landing Indian Community v. National Indian Gaming Commission  (Gaming; Federal Recognition)
Cayuga Nation v. Bernhardt  (Official Tribal Government)
Pueblo of Jemez v. United States of America  (Aboriginal Title)

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
In the Economic Development section, we feature an article about a U.S. Supreme Court decision regarding state fuel taxation.

U.S. Legislation Bulletin 
https://www.narf.org/nill/bulletins/legislation/116_uslegislation.html
The following bills were added: 

  • S.804: A bill to amend the Marine Mammal Protection Act of 1972 to protect the cultural practices and livelihoods of producers of Alaska Native handicrafts and fossilized ivory products, and for other purposes. 
  • H.R.1688: To help provide relief to State education budgets during a recovery economy, to help fulfill the Federal mandate to provide higher educational opportunities for Native American Indians, and for other purposes. 
  • S.832: To nullify the Supplemental Treaty Between the United States of American the Confederated Tribes and Bands of Indians of Middle Oregon, concluded on November 15, 1865. 
  • S.790: A bill to clarify certain provisions of Public Law 103-116, the Catawba Indian Tribe of South Carolina Land Claims Settlement Act of 1993, and for other purposes. 
  • S.739: A bill to protect the voting rights of Native American and Alaska Native voters.

New Issue of American Indian Law Review

Matthew L.M. Fletcher

Here:

Current Issue: Volume 43, Number 1 (2018)

PDF

Front Pages

Articles

PDF

Traditional Jurisprudence and Protection of Our Society: A Jurisgenerative Tail
Gregory H. Bigler

PDF

Trust Lands for the Native Hawaiian Nation: Lessons from Federal Indian Law Precedents
Lane Kaiwi Opulauoho

Comments

PDF

Indigenous Peoples, the International Trend Toward Legal Personhood for Nature, and the United States
Hannah White

PDF

Foundations of Sand: Justice Thomas’s Critique of the Indian Plenary Power Doctrine
Taylor Ledford

Notes

PDF

Agua Caliente Band of Cahuilla Indians v. Coachella Valley Water District: A Tribe’s Successful Fight for Federally Reserved Water Rights
Alyssa Lankford

PDF

Extending Tribal Criminal Jurisdiction Outside of Indian Country: Kelsey v. Pope
Greg S. Keogh

Special Feature

PDF

“Dramatically Altered the Legal Landscape”? City of Sherrill v. Oneida Indian Nation in the Lower Courts
Samuel Pokross

News Profiles of Former Indian Law Prof Running for Congress

Matthew L.M. Fletcher

Spent last summer in ABQ hearing about how far Gavin Clarkson has fallen. It’s really sad.

Here is “Congressional candidate says bankruptcy is irrelevant” from the Santa Fe New Mexican from May 2018.

Here is “New Mexico candidate’s role in loan questioned” from the Santa Fe New Mexican from October 2018.

None of this is new, I suppose. We posted about much of it before. Clarkson was involved in a loan deal involving the Lower Brule Sioux Tribe that led to an OIG investigation and a Human Rights Watch report, details here. Here is the WaPo report on Clarkson’s resignation from Interior caused by his interference with the Lower Brule loan guarantee debacle. Another report from Indianz.

Quick update: Gavin’s name came up on my news feeds because he is suing New Mexico State for race discrimination, contract breach, etc. Here are the materials in Clarkson v. New Mexico Board of Regents (D.N.M.), which is still pending:

1 Notice of Removal + Complaint

3 Answer

14 Motion to Dismiss

20 Response + “Counter Motion”

25 Reply

26 DCT Order

Muscogee (Creek) Nation Disbars Benjamin Zvenia

Matthew L.M. Fletcher

Here is the Creek Supreme Court order:

administrative-order-2019-01-in-re-benjamin-zvenia.pdf

Split SCOTUS Affirms Cougar Den (5-4, no majority opinion)

Matthew L.M. Fletcher

Here is the opinion.

Materials are here.