Author: Matthew L.M. Fletcher

New Student Scholarship on Indian Country Cross Deps

Matthew L.M. Fletcher1 Comment

Here is “Bridging the Jurisdictional Void: Cross-Deputization Agreements in Indian Country,” forthcoming in the Arizona State Law Journal.

The abstract:

Comment examines cross-deputization agreements in Indian Country, focusing on the relationship between tribes and state and local governments and the impact cross-deputization agreements have on enforcing criminal law in Indian Country. Section I examines the recent rise and evolution in tribal law enforcement powers. Section II briefly addresses the current ability of tribal police to enforce laws off of tribal land and the ability of state police to enforce laws on tribal land. Finally, Section III examines the benefits and issues involved with cross deputization agreements.

Michigan Tribal Response to Michigan’s Line 5 Deeply Flawed Report

Matthew L.M. Fletcher

Here:

Tribal Comments on Dynamic Risk Final Alternatives Analysis 12-22-2017

GTB 12-20-17 letter to governor

Jeff Davis to Join Private Practice

Matthew L.M. Fletcher

Jeff Davis, a member of the Turtle Mountain Band of Chippewa Indians and the tribal liaison for the Western District of Michigan, has decided to leave the United States Attorney’s Office in Grand Rapids for private practice. Here is his letter to tribes announcing his departure:

Jeff Davis Letter

Jeff has been the tribal liaison for the Western District of Michigan for many years. Long before the Indian Law and Order Commission (of which he was a member), the Michigan Tribal-State-Federal Judicial Forum (of which was also a participant), and VAWA (which he has been instrumental in implementing), Jeff was one of the relatively few AUSAs in the country who took Indian country crime seriously. Well, he was one of the first and often only tribal liaisons west of the Mississippi for many years. He leaves an important legacy for the next tribal liaison in GR.

We wish Jeff luck in his new endeavors. Miigwetch is the right way to say thanks and chi-miigwetch is the way to say many thanks, but neither captures the amount of gratitude Indian country owes Jeff Davis.

American Indian Law Journal Volume 6, Issue 1

Matthew L.M. Fletcher

Here:

Volume 6, Issue 1 (2017)

Articles

PDF

By Any Means: How One Federal Agency is Turning Tribal Sovereignty on its Head
Clifton Cottrell

PDF

Beyond a Zero-Sum Federal Trust Responsibility: Lessons from Federal Indian Energy Policy
Monte Mills

PDF

Indian Sovereignty, General Federal Laws, and the Canons of Construction: An Overview and Update
Bryan H. Wildenthal

PDF

The Sioux’s Suits: Global Law and the Dakota Access Pipeline
Stephen Young

PDF

A Hell of a Complex: The Miscarriages of the Federal Hydropower Licensing Regime
Derek Red Arrow Frank

PDF

Solution Before Pollution: Mining and International Transboundary Rivers in Southeast Alaska
Britany Kee’ ya aa. Lindley

PDF

Conservation Easements: A Flexible New Tool for Washington Tribes, A Case Study of the Lower Elwha Klallam Tribe
David P. Papiez

Tenth Circuit Dismisses Caddo Sacred Sites Dispute with Wichita for Mootness

Matthew L.M. Fletcher

Here is the opinion in Caddo Nation of Oklahoma v. Wichita and Affiliated Tribes.

Materials here.

Ninth Circuit Judge Alex Kozinski to Immediately Retire

Matthew L.M. Fletcher

From WaPo, here.

Update in Comenout Litigation II

Matthew L.M. Fletcher

Here are updated materials in Comenout v. Pittman (formerly Comenout v. Pierce County Superior Court) (W.D. Wash.):

70 DCT order dismissing complaint

77 DCT order granting motion to file amended complaint

103 state official motion to dismiss

105 opposition

108 reply

110 DCT order

Prior posts here.

OIG Report: “Review of the Department’s Tribal Law Enforcement Efforts Pursuant to the Tribal Law and Order Act of 2010”

Matthew L.M. Fletcher

OIG Indian Country Crimes Report

Norton v. Ute Indian Tribe Cert Petition

Matthew L.M. Fletcher1 Comment

Here:

Cert Petition

Question presented:

In light of the clear precedent of Nevada v. Hicks, 533 U.S. 353 (2001), which holds that state law enforcement officers are not subject to suit in a tribal court for claims arising out of the performance of their duties on tribal lands, did the Tenth Circuit Court of Appeals err in requiring Petitioners to exhaust their remedies in the Ute Tribal Court in order to determine whether that Court has jurisdiction to hear a trespass claim arising out of Petitioners’ performance of their official duties that the Ute Indian Tribe brought against them in the Ute Tribal Court?

Lower court materials here.

UPDATE:

Brief in Opposition

Reply

Oklahoma City Journal Record Op-Ed: “Government leaders should learn from tribes”

Matthew L.M. Fletcher

Here.

* the smartest PEOPLE in the room. -KF