Author: Matthew L.M. Fletcher

Here is the written order in Grayeyes v. Cox (D. Utah):

94 dct order

Prior posts here.

Federal Magistrate Quashes Third Party Subpoena Issued against Tunica Biloxi Tribal Enterprise

August 10, 2018August 10, 2018Matthew L.M. Fletcher

Here are the materials in Commonwealth of Pennsylvania v. ThinkFinance (E.D. La.):

1 motion to quash subpoena

4 thinkfinance memorandum

5 reply

8 magistrate order

High Country News: “The next Supreme Court pick could shape Indian law for decades”

August 9, 2018Matthew L.M. Fletcher

Here.

Commentator in Salt Lake Tribune Calls for Criminal Prosecution of San Juan County Clerk

August 9, 2018Matthew L.M. Fletcher

Here is “Gehrke: A county clerk’s deceptive attempt to keep Grayeyes out of the San Juan commission race should lead to criminal charges.”

National Indian Law Library Bulletin (8/8/2018)

August 9, 2018August 9, 2018Matthew L.M. Fletcher

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 8/8/18.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2018.html

Dismantling monuments.
Native American reproductive health law–Reproductive Justice: The politics of healthcare for Native American women. [Book Review]
Tribal sovereign immunity at the patent and trademark office.
Standing Rock in the swamp: Oil, the environment, and the United Houma Nation’s struggle for federal recognition.

Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2018.html
Carter v. Tahsuda (Indian Child Welfare Act – Constitutionality)
State of California v. Iipay Nation of Santa Ysabel (Gaming; Unlawful Internet Gambling Enforcement Act)
Northern Natural Gas Company v. 80 Acres of Land in Thurston County (Utilities; Rights-of-Way – Condemnation)
Wilhite v. Awe Kualawaache Care Center (Jurisdiction; Racketeer Influenced and Corrupt Organizations Act)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2018.html
State v. George (Jurisdiction)
Cayuga Nation v. Campbell (Official Tribal Government)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Land & Water section, we feature an article about a study on the changing scope of Native American groundwater rights.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
The following bills were added:

S.2850: A bill to amend the White Mountain Apache Tribe Water Rights Quantification Act of 2020 to clarify the use of amounts in the WMAT Settlement Fund.
H.R.6510: To establish, fund, and provide for the use of amounts in a National Park Service and Public Lands Legacy Restoration Fund to address the maintenance backlog of the National Park Service, United States Fish and Wildlife Service, Bureau of Land Management, and Bureau of Indian Education, and for other purposes.
S.3269: A bill to establish the Department of Veterans Affairs Advisory Committee on Tribal and Indian Affairs, and for other purposes.
S.3280: A bill to increase intergovernmental coordination to identify and combat human trafficking within Indian lands and of Indians.
H.R.6545: Violence Against Women Reauthorization Act of 2018. (See Title IX)
H.Res.1037: Recognizing the 29th anniversary of the Tribal Canoe Journey of the Tribal Nations of the Pacific Northwest and congratulating the Puyallup Tribe of Indians for hosting the 2018 Power Paddle to Puyallup.
H.R.6647: To amend the Native American Graves Protection and Repatriation Act to move the enforcement office to the Bureau of Indian Affairs, to increase the civil monetary penalties for failure to follow the processes established by that Act, and for other purposes.

Some Details on Rep. Bishop’s Bill to Codify & Alter the Federal Recognition Process

August 9, 2018Matthew L.M. Fletcher1 Comment

HR 3744 is here: CBO publication here and Bill here. It could replace the current procedures for federal recognition (for reference, here), but does not allow previously denied “Indian groups” from re-petitioning for federal recognition under the new act (if this bill passes), nor does it have an avenue to challenge a denial/negative finding.

New Empirical Research on Federal Court Sentencing of Indian Country Defendants

August 9, 2018August 9, 2018Matthew L.M. Fletcher

Jeffery T. Ulmer & Mindy S. Bradley have published Punishment in Indian
Country: Ironies of Federal Punishment of Native Americans in Justice Quarterly:

Ulmer Bradley (2018) – Punishment in Indian Country

Here is the abstract:

Native Americans are US citizens, but they are also tribal nationals subject to complex and unique criminal jurisdiction arrangements over Indian lands. Tribal nations typically have tribal court jurisdiction over less serious crimes, but for serious crimes the federal justice system often supersedes tribal authority, exposing Native Americans to more severe punishments. In addition, recent federal programs have attempted to foster greater tribal/federal criminal justice coupling. Yet, examinations of criminal punishment of Native Americans are few, and most are outdated and/or of very limited generalizability. We examine the punishment of Native American defendants in federal court, focusing on 28 federal districts with substantial Indian presence. Using recent US Sentencing Commission data, as well as contextual data from the Bureau of Indian Affairs and tribal courts, we focus on differences in the federal sentencing of Native American defendants, and how these differences are conditioned by indicators of tribal-federal criminal justice coupling.