Author: Matthew L.M. Fletcher

National Indian Law Library Bulletin (2/22/2018)

Matthew L.M. Fletcher

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 2/22/18.

U.S. Supreme Court Bulletin

http://www.narf.org/nill/bulletins/sct/2017-2018update.html

Petition for certiorari was denied in Renteria, et al. v. Superior Court of California, Tulare County, et al. (Indian Child Welfare Act) and in Norton, et al. v. Ute Indian Tribe of the Uintah and Ouray Reservation, et al. (Jurisdiction) on 2/20/18.

Petition for certiorari was filed in Eastern Shoshone Tribe v. Wyoming, et al. (Reservation Boundaries – Diminishment) on 2/16/18.

Tribal Courts Bulletin

http://www.narf.org/nill/bulletins/tribal/2018.html

In re: Challenge to the Eligibility of Randy Junior White, Candidate for Council (Elections)

Diaz v. Mohegan Tribal Gaming Authority (Gaming; Personal Injury – Slip and Fall)

U.S. Federal Courts Bulletin

http://www.narf.org/nill/bulletins/federal/2018.html

Chissoe v. Zinke (Fee-to-trust Acquisition)

News Bulletin

http://www.narf.org/nill/bulletins/news/currentnews.html

In the Health & Welfare section, we feature an article about Alaska transferring child welfare services for Native Alaskans to tribes.

Federal Court Rejects Trappers/Hunters Effort to Dismiss Challenge to Federal Implementation of Convention on International Trade in Endangered Species (Rule 19!)

Matthew L.M. Fletcher

Here are the materials in Wildearth Guardians v. United States Fish & Wildlife Service (D. Mont.):

75 Motion to Dismiss

79 Federal Response

80 Wildearth Guardians Response

84 Reply

94 DCT Order

Eastern Shoshone Tribe v. Wyoming Cert Petition

Matthew L.M. Fletcher

Here:

Cert Petition

Question presented:

Whether Congress clearly intended in 1905 to di- minish the Wind River Reservation in Wyoming, home to the Eastern Shoshone Tribe.

Lower court materials here.

UPDATE:

indian law profs amicus

Grand Traverse Band RFP: Healing to Wellness Court Evaluator

Matthew L.M. Fletcher

Here:

2018.02.19 RFP Evaluator (final)

New Scholarship on DAPL and Tribal Jurisdiction

Matthew L.M. Fletcher

Andrew Rome has published “Black Snake on the Periphery: The Dakota Access Pipeline and Tribal Jurisdictional Sovereignty” in the North Dakota Law Review.

Federal Court Enjoins State Court Trial in Ute Jurisdictional Dispute

Matthew L.M. Fletcher1 Comment

Here are the relevant materials in Ute Indian Tribe of the Uintah and Ouray Reservation  v. Lawrence (D. Utah):

54 Ute Motion for PI

82 Motion for TRO

85 DCT Order Granting TRO

86 Ute Motion for Hearing

This matter is on remand from the Tenth Circuit.

SCOTUS Denies Cert in ICWA and Tribal Jurisdiction Matters

Matthew L.M. Fletcher

Here is today’s order list. The Court denied cert in Renteria v. Superior Court & Norton v. Ute Indian Tribe.

Federal Court Stays Becker v. Ute to Await Tribal Court Rulings

Matthew L.M. Fletcher

Here are the materials in Becker v. Ute Indian Tribe of the Uintah and Ouray Reservation (D. Utah):

70 Becker Motion for PI

73 Ute Motion for Summary Judgment [preemption]

74 Ute Motion for Summary Judgment [illegality]

75 Ute Emergency Motion for TRO

84 Becker Opposition

86 Ute Opposition

88 Reply in Support of 75

91 Becker Reply

93 Ute Surreply

101 Ute Motion to Reassign Case

102 DCt Chief Judge Order re 101

103:

Discussion and argument heard on the motions. After taking a recess, and for the reasons stated on the record, the court made the following rulings on the record: 
The court DENIES 70 Mr. Becker’s Motion for Preliminary Injunction; 
DENIES 71 Motion for Leave to File Sealed Document; 
DENIES 75 The Tribe’s Motion for TRO, Motion for Preliminary Injunction, and Motion for Permanent Injunction; and 
GRANTS 93 Tribe’s Motion for Leave to File Sur-Reply. 

The court also stays the case and all remaining pending motions (Dkt. Nos. 72, 73 and 74). Should the tribal court decline jurisdiction, the court will then address the remaining motions. The parties are granted leave to file a motion to lift the stay if circumstances should change before resolution of both the tribal court and state court actions. 

Prior posts here.

Federal Court Denies Motion for Stay in Navajo Nation Voting Rights Case

Matthew L.M. Fletcher

Here is the order in Navajo Nation v. San Juan County (D. Utah):

473 Order Denying Motion to Stay Enforcement of Judgment