Author: Matthew L.M. Fletcher – Page 230

New Scholarship from Grant Christensen: “A View from American Courts: The Year in Indian Law 2017”

March 30, 2018Matthew L.M. Fletcher

On SSRN, here.

Abstract:

This paper summarizes the topics and trends in Indian law confronted by courts in 2017. Designed as an update that will be useful to practitioners as well as scholars, the paper breaks the discussion down into more than forty topics and subtopics. For this paper I tracked and read all 646 judicial opinions issued by state and federal courts that squarely decided questions of federal Indian law. From those cases I have distilled this update. Ideally the first in an annual collection.

The paper includes an empirical discussion of Indian law looking at which circuits and districts are presented with the most Indian law questions. It also examines what topics receive the most coverage providing a summary of more than 200 ICWA opinions as well as capturing obscure topics like the 4 cases decided on the Navajo-Hopi Rehabilitation Act. It captures important moments in Indian law like Justice Thomas dissenting from denial of cert. in a land into trust case but also highlights the return of Leonard Peltier to federal court.

I hope the user finds this comprehensive update a useful survey of Indian law in 2017.

Federal Court Holds Burt Lake Band of Ottawa Indians Has Standing to Challenge 2015 Federal Acknowledgment Regs

March 30, 2018March 30, 2018Matthew L.M. Fletcher1 Comment

Here is the order in Burt Lake Band of Ottawa and Chippewa Indians v. Zinke (D.D.C.):

20 DCT Order

Briefs here.

Here are some details on this as yet non-recognized tribe:

New Scholarship on the Burt Lake Burn-Out

Northern Express Article on the Burt Lake Burnout and Burt Lake Band

Mackinac Journal: “‘A Bitter Memory’ — The Burt Lake Burn-out of 1900”

Investigate/West & The Nation News Profile: “RECKONING WITH THE ‘NATIVE HARVEY WEINSTEINS’”

March 30, 2018Matthew L.M. Fletcher

From Rebecca Clarren and Jason Begay, here.

Another Update on Cayuga Leadership Dispute

March 29, 2018Matthew L.M. Fletcher

Here are the new materials in Cayuga Nation v. Zinke (D.D.C.):

40 DCT Order on 16

42 DCT Order on 22

Prior post here.

Oglala Sioux Tribe Resolution Demanding BLM Consultation re: Converse County Oil and Gas Project (Wyo.)

March 29, 2018April 11, 2018Matthew L.M. Fletcher

Here:

1980_001 (2) (1)

The tribe’s press release:

OST PRESS RELEASE ON CONVERSE COUNTY OIL GAS PROJECT (3-27-18) (1)

UPDATE (4/11/2018):

FINAL AGENDA FOR GOVERNMENT-TO-GOVERNMENT CONSULTATIOS (4-9-18).2

Navajo Nation Files Complaint Against US DOJ & City of Winslow Re Shooting Death of Loreal Tsingine

March 29, 2018March 29, 2018Matthew L.M. Fletcher

Here are the materials in Navajo Nation v. Sessions (D. Ariz.):

2018.3.27 – Complaint in Navajo Nation v Sessions – As Filed

2018.3.28 – PR Re Navajo Nation Files Complaint Re Shooting Death of Loreal Tsingine – FINAL

Update in Nooksack RICO Suit

March 29, 2018April 11, 2018Matthew L.M. Fletcher

Here are the new materials in Rabang v. Kelly (W.D. Wash.):

03-20-18 Letter From Bob Kelly and Notice of Involuntary Disenrollement

144 3-15-18 Kelly Defendants’ Motion for Indicative Ruling Regarding Dismissal

146 3-15-18 Defendant Chief Judge Ray Dodge’s Notice of Joinder of Kelly Defendants’ Motion for Indicative Ruling

147 3-26-18 Plaintiffs’ Response in Opposition to Defendants’ Motion for Indicative Ruling Regarding Dismissal

UPDATE (4/11/18) — motion denied

4-11-18 Order Denying Defendants’ Rule 62.1 Motion For Indicative Ruling Regarding Dismissal

Fort Peck Housing Authority v. HUD Cert Petition

March 29, 2018August 21, 2018Matthew L.M. Fletcher

Here:

Fort Peck Cert Petition

UPDATE:

Cert Opp

Question presented:

Whether an action for the restoration of grant in aid funds illegally recouped by the United States constitutes a suit for specific relief such that the United States’ sovereign immunity is waived pursuant to the Administrative Procedure Act, 5 U.S.C. § 702, or whether it is a suit for money damages, barring relief in the federal district courts.

Lower court materials.